What action can be taken against the person sending photos?

869 votes

Dear sir
You must file an fir and must explain the entire case to the cyber cell wing of the police.

The person who is blackmailing can be prosecuted under the indian penal code and information technology act

Advocate Mauleen Marfatia LawRato

560 votes

Sir

Under Section 292 A of the Indian Penal Code, it is an offence to scurrilous circulate any picture or written material, with a view to cause injury to that person, or blackmail that person, is an offence punishable with Imprisonment of not less then 6 months, which may extend to 2 years, and fine.

Additionally, since the person who has found such memory card knows, that such memory card (property) belong to your friend, under the circumstances, using such memory card for any dishonest purpose (i.e. blackmailing your friend) also further amounts to an offence punishable u/s 403 of the Indian Penal Code, which is punishable with term of 2 years and fine both.

If your friend is a women, then such act further amounts to intruding in the privacy of the women, which is punishable u/s 509 of the Indian Penal Code, with punishment of 1 year and fine.

You can file a Criminal Compliant with the concerned Magistrate against such person. Also, you can approach the concerned Police Station, to lodge the F.I.R. against the accused person.

Do not be afraid, that such photo's etc. will be made public or that police will take reverse action against you. No action will be taken against your Friend, however, if you do not act, then such blackmailing and threat may continue and may result in to some serious consequences.

Additionally, if your friend is a female, there is a separate female police Cell in every state, contact them immediately, they take stern actions immediately.

Advocate Vivek Mapara LawRato