My ex gf registered a case against me for blackmailing

674 votes

Sharing nude pictures over WhatsApp can be illegal even if both the sender and the receiver consent. If there is to be a situation later where you need to defend yourself after sending such content to anyone, it can be problematic and I am writing about this from experience of a case. But don’t worry the police isn’t spying on you to see pictures you send and will not catch you for this offence. However if there is any criminal action later on, this act can be in question. There is no specific law against it and neither is there enough precedent. But if we look closely at Section 67 of the IT Act, 2008, it goes on to say that if somebody publishes or transmits any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years.

The gist is that, if you send something to someone or publish online that is lascivious (tending to excite lust, obscene etc.) it can land you up in prison for three years. Moreover, if it is a minor in question that you entice or induce (basically, get a person below 18 years of age to send you nude pictures or even get in a relationship with you), according to Section 67B the punishment can be for five years. But do not worry, the law also protects your privacy if someone tries to blackmail you or uploads your private pictures at any place or sends them to anyone. The law in India does not talk about sexting or revenge porn but these are the things that all of this relates to

Advocate Mohan Kumar H G LawRato

944 votes

The said person is having right to file a Anticipatery bail before session judge due to the complaint is filling serious offence against the above said person the offences are non bailable and trail by session court so you must be to file Anticipatery bail.

Advocate Rajendra M Naik LawRato

758 votes

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Advocate Purushotham G. LawRato

846 votes

Hi... You don't send photos to her because she can use against you by creating false story . Instead of this you can keep all the photos and documents with you and give the same to police if she gives a complainant against you. It el strengthen your case.
Thank you

Advocate Rama Chandra Shenoy LawRato