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What Legal Protections Do I Have Against False Blackmail Cases?

Writer: leadindia400leadindia400
Feb 244 min read

Blackmail Is A Criminal Act In India And Consists Of Threatening A Person With Such A Terrible Revelation Within Which He/She Gives Or Promises Money, Property, Or Other Benefits To That Blackmailer Or Acquiesces To His Demands. However, There Will Always Be Cases Where People Falsely Accuse Others Of Blackmail Which Leads To Some Severe Consequences To The Immune System With Regard To Their Reputation, Emotional Health, And Social Stature. The Law In India Has A Number Of Safeguards And Remedies For A Person Who Is A Victim Of False Accusations Of Blackmail.


What Is Blackmail?


The Offence Of Blackmail Does Not Stand Alone In India But Has Been Classified Instead Under Certain Broad Categories Such As Criminal Intimidation, Extortion, And Defamation Under The Bharatiya Nyay Sanhita (Bns). 


  • Criminal Intimidation (Section 351 (1) Of Bns): Criminal Intimidation Is The Act Of Threatening Another Person With Injury To His Body Or His Property Or Reputation With The Intention Of Forcing Him To Act Against His Will. Blackmail Also Falls Under This Provision If The Threat To Reveal Defamatory Information As Such.

  • Extortion (Section 308 (1) Of Bns): Extortion Occurs When A Person Brings Into Fear Of Injury And Thereby Wrongfully Obtains Property Or Valuable Security Or Benefits From Another Person. Blackmail Would Usually Come Under This Category.

  • Defamation (Sections 356 (1) & (2) Of Bns): Allegations Of Blackmailing Would Also Amount To Defamation, As They Adversely Affect The Reputation Of The Accused In Society.


Legal Protections Against False Blackmail Case

Right To File A Counter-Complaint:


If Somebody Wittingly Makes An Accusation Against You For Blackmail, Then You Are Entitled To Yours And Lodge A Counter-Complaint With The Intended Consequences Of Malicious Prosecution, Defamation, Or False Case. Making These Allegations, Therefore, Refers To:


  • Malicious Prosecution: Under Tort And Criminal Law, Malicious Prosecution Pertains To Beginning Baseless Legal Proceedings With Malafide Intention. The Person From Whom Legal Action Has Been Filed Can Claim Damages For Mental And Financial Suffering.

  • Section 217 Of Bns: Punishment Of A Person Making Any False Statement Before A Public Servant Designed To Cause Damage, Inconvenience, Or Annoyance To Any Other Person.

  • Section 248 Of Bns: Concerned With False Allegations Of An Offense And Prescribes Punishment For Any Person Who Causes Wrongful Initiation Of Criminal Proceedings.


Defamation Action:


Blackmail Can Tarnish One's Reputation With Almost Impossible Harm. By Sections 356 (1) & (2) Of Bns, Such People Could File A Defamation Case Against The Defamatory. There Are Also Provisions For Civil Defamation Suits To Claim Damages For The Harm Inflicted On A Person's Reputation.


Quashing The Fir:


With A First Information Report (Fir) Against You On The Basis Of False Allegations, You Can Move Up To The High Court Under Section 528 Of The Bhartiya Nagrik Suraksha Sanhita (Bnss) To Quash Such An Fir. Every Frivolous Or Meritless Case Is Dismissible By The Court From Whom Such Application Has Been Made.


Seeking Anticipatory Bail:


The Accusation Made Falsely May Result In An Arrest. Thus, The Accused Can Always Apply For Anticipatory Bail Under Section 482 Of The Bnss In Order To Prevent It. Anticipatory Bail Ensures That The Accused Will Not Be Arrested Without Good And Sufficient Evidence.


Filing A Civil Suit For Damages:


There Is Financial Constraint That Incurs With Mental Trauma Due To False Blackmail Cases. Such Victims Of False Allegations Have The Right To Initiate A Civil Suit To Seek Compensation For The Damages Caused.


Practical Steps To Protect Yourself Against False Allegations


  • Keep Evidence: Maintain Records Of All Call Logs, Emails, And Messages Should Be Kept Safe As They Can Prove Your Innocence. These Records Form Enough Evidence And Become The Basis In Court.

  • Hire An Experienced Lawyer: It Is Vital To Hire A Very Experienced Criminal Defense Lawyer. Such Experts Help In The Process And Can Even Discredit Any False Charge While Upholding One's Rights.

  • File Complaints Against The Accuser: Proactively File Counter-Complaints Against The Accuser With Fraud, Defamation, False Accusations, And Allegations.

  • Avoid Confrontation: Avoid Contacting The Accuser Directly, As This Seems To Be Inducing Or Attempting To Threaten. All Communications Should Be Transferred To The Attorney's Hands.

  • Maintain Calmness: This False Accusation Can Prove To Be Emotionally Draining; Hence Controlling The Emotions Is Required. The Cooperation Would Be With The Authorities And Provide All Information Needed To Support Your Statements.


These False Blackmail Cases Within The Justice System Are A More Severe Form Of Misusing The Legal System. Exemption Under Indian Law Has A Variety Of Methods To Defend An Individual's Rights Accused Under Such Charges. Filing Counter-Complaints, Applying For Anticipatory Bail, And Quashing Baseless Firs Are Remedies With Which One May Easily Come Forward And Act. In Doing So, Rapid Action Is Essential To Collect The Evidence And Take Professional Legal Advice For The Defense From Such Unethical Allegations.


It Could Be A Long Battle, But Ultimately The Principles Of Natural Justice Would Allow The Truth To Prevail. Such Legal Acts Make It Possible For An Aggrieved Person Not Only To Secure Themselves But Also Hold The Accuser Responsible For His Acts.


One Can Talk To Lawyers From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online Free Through Lead India.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

 
 

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