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

Consider a situation involving a diligent advocate, Ms. Anjali Verma, practicing in the city of Navpur. She was retained by a client, Mr. Rajeev Singh, for a legal matter. After investing considerable time and professional effort into drafting documents and strategizing for the case, a dispute arose over her professional fees, which amounted to a nominal sum of ₹35,000. Instead of resolving the matter amicably, Mr. Singh turned hostile and abusive. He initiated a malicious campaign to defame her online, posting false reviews and making baseless accusations across various digital platforms. He further threatened to ruin her professional standing unless she agreed to waive her rightful fees. Despite the immense pressure and the relatively small amount in question, Ms. Verma chose to stand her ground, refusing to capitulate to blackmail and extortion.

Advice in such cases

If you find yourself in a similar predicament, whether as a professional or an individual, here are the recommended steps:

• Remain Calm and Disengage: Do not get into a war of words with the person. Avoid any emotional or impulsive responses. All communication should be professional and documented.
• Preserve All Evidence: This is the most critical step. Take screenshots of the defamatory posts, reviews, and messages. Save all emails, text messages, and record any threatening phone calls (check state-specific laws on call recording legality for evidence).
• Send a Legal Notice: Your lawyer can draft and send a formal legal notice to the individual. This notice should demand the immediate removal of the defamatory content, an unconditional apology, payment of outstanding dues, and compensation for the damage to your reputation.
• File a Police Complaint: You can file a complaint at your local police station or with the Cyber Crime Cell, detailing the offenses of extortion, criminal intimidation, and defamation.
• Consult with Lawyer: The very basic and important step to start is to talk to a lawyer/advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you in this situation to come out. He is an 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 in 7-10 days.
• Initiate Civil Proceedings: Alongside criminal action, you can file a civil suit for defamation to claim monetary damages for the loss of reputation and business.

Applicable Sections of Law

The actions described constitute serious offenses under the new Indian criminal laws:

• Extortion (Section 318 of the Bharatiya Nyaya Sanhita, 2023 – BNS): This section applies when a person intentionally puts another in fear of injury (including injury to reputation) to dishonestly induce them to deliver any property or valuable security. In this case, threatening to ruin the advocate’s reputation to force her to waive her fee is a clear act of extortion.
• Defamation (Section 356 of the BNS): Making or publishing any imputation concerning any person with the intention to harm their reputation is a criminal offense. Posting false negative reviews and making baseless accusations online falls directly under this section.
• Criminal Intimidation (Section 351 of the BNS): Threatening another person with injury to their reputation with the intent to cause alarm or to cause that person to do any act which they are not legally bound to do (like waiving a fee) is criminal intimidation.

If you are the complainant

As the person filing the complaint (the advocate in our example), you should:

• Compile a detailed, chronological account of the events.
• Gather and organize all evidence, such as the fee agreement, proof of work delivered, screenshots of defamatory content, and records of all communications.
• Lodge a First Information Report (FIR) with the police, clearly stating the facts and citing the relevant offenses of extortion, defamation, and criminal intimidation under the BNS.
• Provide the police with a list of potential witnesses.
• Follow up consistently on the investigation’s progress.

If you are the victim

If you are the target of such harassment and blackmail:

• Do not give in to the demands. Succumbing to threats often encourages the perpetrator to make further demands.
• Immediately secure all evidence. Create a digital folder with screenshots, emails, and any other proof, backed up in multiple locations.
• Limit direct communication with the perpetrator. If communication is necessary, ensure it is in a written format that can be saved.
• Engage a lawyer at the earliest opportunity to guide you through the legal process and protect your rights.

How the police behave in such cases

Police response can be mixed. Sometimes, they may initially perceive the issue as a simple fee dispute, which is a civil matter. It is your responsibility, with the help of your lawyer, to clearly articulate the criminal elements involved—the extortion, threats, and defamation. Presenting a well-documented complaint with organized evidence is key. If the local police are unresponsive, you have the right to escalate the matter to senior police officials (like the District Superintendent of Police) or file a private complaint directly before a Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

What evidence is required?

Strong evidence is crucial for a successful prosecution. You will need:

• Digital Communications: Emails, WhatsApp chats, SMS messages, or any other form of text-based communication with the accused.
• Defamatory Content: Screenshots of the online reviews, social media posts, or any other published material. Ensure the URL and date are visible.
• Contractual Documents: The initial agreement, contract, or any document that establishes the professional relationship and terms of payment.
• Proof of Work: Evidence of the work you performed for which the payment is due (e.g., drafts, reports, case files).
• Witnesses: Statements from any person who has knowledge of the threats or the situation.

How long will the investigation take?

There is no fixed timeline for a police investigation. The duration depends on various factors, including the complexity of the case, the workload of the investigating agency, and the cooperation of third parties (like social media platforms from which data is required). A preliminary inquiry may take a few weeks. However, the filing of an FIR itself often puts significant legal pressure on the accused. The subsequent court process can be lengthy, but initiating strong legal action is the first and most important step toward justice.

Advocate Sudhir Rao, Supreme Court of India