Threats from ex boyfriend
I was in long distance relationship. My parents were forcing me for a marriage so I told him to meet my parents or take any step otherwise. But he was always denying that. then I decided to to get marry with guy chosen by my parents. All of a sudden my Ex came to know that I am going to marry. Then he came to my place and physically troubled me (slapped me many times). And he taken my brothers number from my phone and blackmailed me to call my to be husband and anyhow he acquired my to be husbands number and sent our private pics to him. He just wants to use me. Though he wants to marry with me...I don't want to marry him anymore. He is now blackmailing me that he will send our pics to my brother. My father is heart patient so I don't want to involve my family members in this. How do I acquire all pics from his mobile including backup. Help me.
Action Against the threat to make private chats and pictures public/share with another person:
Section 67 and 67A of the Information Technology act prohibit the publication and distribution of obscene and sexually explicit material respectively. Charges depend on what kinds of pictures are shared and sentence can range from 1 to 3 years with bail, if convicted. Criminal charges can be filed under section 504 and 506 of IPC. You can can file a complaint with the Cyber Police Station along with filing an FIR in the Police Station.
Action against the threats:
Section 503 of the IPC says that whoever threatens another with any injury to him, his reputation or his property, or to the person or reputation of any one in whom he is interested, with intent to cause alarm to that person, forcing them to do something which they are not legally bound to do, using threats, commits criminal intimidation.
Section 506 provides the punishment for criminal intimidation with imprisonment which may extend to two years, or with fine, or with both.
If the threat are to cause death or grievous hurt, or to cause the destruction of any property by fire, or to carry out an offence which is punishable with death or imprisonment for life or seven years, or to impute unchastity to a woman, then the punishment can be extended to seven years, or with fine, or with both.
However, please note that this is a NON COGNIZABLE, BAILABLE OFFENCE. In a Non-Cognizable Offence, the police will require the permission of the court to register a case or investigate. The accused cannot be arrested without a Warrant.
If you go to the police station to file a complaint, as per Cr.P.C, the Police Station is required to record an abstract of such complaint in the General Diary. They will then advise you to file the complaint in the concerned court as police is not empowered to initiate action in such matters without the directions of the court.
The judicial process can be started by filing a private criminal complaint before the competent court, under Section 190 of the Cr.P.C.
You can use the following sections under the Indian Penal Code to support your cause:-
Section 354 C, IPC: Voyeurism
Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.Explanations
Section 503 in The Indian Penal Code
503. Criminal intimidation.—Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
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