Criminal force and blackmail
My self Ravi Sharma and the girl's name is Neha Jain, we both have loved each other since 3 years. Now we both are studying in Bcom 2nd year n we both are 18+ actually she is 19 and I am 18. Few weeks ago her brother caught her mobile & saw our wattsapp chats. Her brother manish is a software engineer. And by these he can also recover all msgs some intimate chats and my intimate pics also he has unauthorised access to all my gmail,facebook account by hacking and known everything about us past for 3 years. The next day Manish came to my home and told me that come with me, I need to talk to you. He took me on his bike to his home and along with his father beat me up me and threatened me that he will put me in police lock up. And that he will cicrculate my nude pics, then they took my mobile and laptop and everything in it and also got my signature on a blank stamp paper with my photo and warned if I did anything they will send me jail. Is it legal ?? The intimate chats are done by both of us then why should I alone be punished. They scared me that don't go to police, if you go they will circulate my pics that they have and will make me lose case as they have lot of money.
They have no right to apply this force to you especially when the girl is a major and has been consenting to all the activities. You can file a complaint against them under the following provisions:-
1. For hacking your accounts: Refer to Information Tcehnology Law 2000, section 66.
2. For deceiting you and taking you with him: Refer to IPC, 1860, Section 362: Abduction: Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
3. For capturing you and not letting you leave till they beat you up:
Section 339. Wrongful restraint
Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has right to proceed, is said wrongfully to restrain that person
Section 340. Wrongful confinement.
Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said "wrongfully to confine" that person
4. For beating you and causing you injuries:
Section 320 in The Indian Penal Code
320. Grievous hurt.—The following kinds of hurt only are designated as “grievous”:—
(First) — Emasculation.
(Secondly) —Permanent privation of the sight of either eye.
(Thirdly) — Permanent privation of the hearing of either ear,
(Fourthly) —Privation of any member or joint.
(Fifthly) — Destruction or permanent impairing of the powers of any member or joint.
(Sixthly) — Permanent disfiguration of the head or face.
(Seventhly) —Fracture or dislocation of a bone or tooth.
(Eighthly) —Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
Section 322 in The Indian Penal Code
322. Voluntarily causing grievous hurt.—Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt.” Explanation.—A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
5. For forcing you to sign a stamp paper by putting you under threat:
Section 383 in The Indian Penal Code
383. Extortion.—Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
Section 350 in The Indian Penal Code
350. Criminal force.—Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
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