If you are stuck in such a situation, here is what to do.

My friend, Arun, who is 17 years old and lives in Jayanagar, is in a very difficult situation. He was recently tricked online by an unknown adult who engaged him in a video call. This person recorded the call, which contains sensitive content, and is now blackmailing Arun. The blackmailer is demanding ₹5,000 and has threatened to make the video public if the payment is not made. They even sent a QR code for the transaction. Arun is terrified and cannot tell his parents. He confided in us, his friends. We have advised him not to engage with the blackmailer and have blocked the person for now, but we are unsure of the next steps and want to resolve this without involving his family if possible.

Advice in such cases

• Do not panic. Your immediate reaction will determine the course of events.
• Immediately stop all communication with the blackmailer. Do not reply to their messages, calls, or threats.
• Do not pay any money. Paying the extortionist does not guarantee they will delete the content; it often leads to more demands.
• Preserve all evidence. Take screenshots of the chat, the profile of the blackmailer, the QR code sent, and any other communication.
• Deactivate your social media accounts temporarily to prevent the blackmailer from gathering more information or contacting your network.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

This situation, commonly known as ‘sextortion’, involves several serious criminal offenses under Indian law. Since the victim is a minor (below 18 years), the case becomes even more severe for the accused.

• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 326 of the BNS deals with extortion. Putting a person in fear of injury (including injury to reputation) to dishonestly induce them to deliver any property or valuable security is a punishable offense.
• Information Technology Act, 2000: Sections 66E (violation of privacy), 67 (publishing or transmitting obscene material), and 67A (publishing or transmitting material containing sexually explicit acts) are applicable.
• Protection of Children from Sexual Offences (POCSO) Act, 2012: Since the victim is 17, this is a primary law that will be invoked. Sections 11 (Sexual Harassment) and 14 (Using a child for pornographic purposes) are highly relevant. Cases under POCSO are handled with special procedures to protect the identity and well-being of the child victim.

If you are the complainant

As a friend helping the victim, your role is crucial. Your support can make a significant difference.

• Reassure your friend that it is not their fault. They are a victim of a crime.
• Help them gather and organize all the evidence systematically.
• Encourage them to speak to a trusted adult or a professional. While the desire to handle it without involving elders is understandable, the legal process, especially under POCSO, requires the involvement of authorities to ensure safety and justice.
• Accompany your friend to meet with a lawyer or to report the crime.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

It is incredibly brave to seek help. Remember that you have rights and legal protections.

• Understand that you are the victim. The person who recorded and is threatening you is the criminal.
• Confide in someone you trust completely, whether it’s a friend, a family member, or a school counsellor. You do not have to go through this alone.
• Follow the advice to cease all contact with the blackmailer and preserve every piece of evidence.
• Do not delete the chat history or block the person before taking screenshots. This is vital evidence.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

The police, particularly the Cyber Crime Cell, are trained to handle such cases with sensitivity, especially when a minor is involved. Under POCSO, the identity of the victim must be kept confidential throughout the investigation and trial. You can approach the local police station or the Cyber Crime portal (cybercrime.gov.in) to file a complaint. The police will likely register a First Information Report (FIR) and begin their investigation to trace the accused using the digital footprint left behind, such as the QR code, phone number, or IP address.

FAQs people normally have

What evidence is required?

The more evidence you have, the stronger your case will be. Key evidence includes:

• Screenshots of the entire conversation with the blackmailer.
• The profile URL or username of the accused on the social media platform.
• The QR code or any bank account/payment details provided.
• The phone number used for communication.
• Any video or image snippets the blackmailer may have sent as proof.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. It depends on the complexity of tracing the accused, who might be using fake profiles or VPNs to hide their location. However, financial details like a QR code can often lead to a quicker identification of the perpetrator. The police and judiciary are mandated to expedite cases involving children under the POCSO Act.

Advocate Sudhir Rao, Supreme Court of India