Similar to cancer, sexual exploitation is a global problem that affects all industrialised, developing, and underdeveloped countries. One of the numerous forms of sexual exploitation is sextortion, which has developed into a legal grey area concerning sexual offences. There is minimal law enforcement in India to combat this serious crime because there is no legal definition of sextortion. Sextortion can be done in person or virtually, and it can take many different forms, such as extortion and corruption.

The majority of individuals now visit social media sites every day, thus those that do badly use these channels as a tool to carry out their crimes. It becomes necessary to take action to stop this rapidly expanding crime since victims are forced to comply with the perpetrator’s wishes due to the fear of having their frightening photo made public and the potential leak of sexually explicit content. The most important prerequisites for preventing or at least lessening such harmful attacks are appropriate education and precise laws about this offence.

sextortion

Sextortion derives its etymology from the combination of the words “sex” and “extortion.” One type of sexual abuse is this. Additionally, there are other ways to carry out this type of crime, one of which is cybersextortion. Via various social media sites, criminals create fictitious identities and attempt to establish close relationships with their intended victims.

After gaining the trust of their victims, they either demand explicit photos or films from them, entice them to generate explicit content, or steal their explicit images.

After obtaining such photos or films, the offenders either force the victims to generate additional explicit material or extort money by threatening to reveal the photos publicly. The victims’ damaged reputations or the victims themselves mark the end of this cycle.

Sextortion does not discriminate based on age or gender. Even though young people spend a lot of time on social media, chat and dating apps make them more susceptible to scammers. They wait until it’s too late to recognise the risk of becoming a victim.

Impact of sextortion on victims

The victims nearly become the perpetrators’ slaves as they become entangled in a never-ending loop of demand because of their dread of the sexual material spreading. Depression and shame are the results of this mental attack. The unfathomable trauma victims endure and their actions, thoughts, and behaviour reflect this depressive state. It could have a terrible effect on the victim as well as the victim’s entire family.

Publication and exposure of said sexual content carries an ongoing risk. As a result, the victims are dependent on the offender to survive.

They frequently indulge in self-harming behaviours because they feel alone and lonely. For instance, they are experimenting with something poisonous. When such despair is severe, the victims’ self-loathing and shame might put them in danger.

Following are some of the tips to avoid sextortion:
Early detection of sextortion
It is forbidden to read any content with a sexually suggestive topic or send any threatening photos or videos to an unidentified user. Additionally, avoid engaging in any sexually suggestive behaviour in front of the camera that they might film. Don’t send anyone online the aforementioned content. Set social media accounts to private or secure them with a strong password. not to change the topic of the conversation based on a random user’s request to switch platforms. Additionally, be on the lookout for strangers who want to transition from text to video chat.

If you are a victim of sextortion

• Talk to your loved ones or other trusted people about the circumstances. It can be quite embarrassing and shameful for some people to tell their relatives about the situation, yet doing so will offer emotional support.
   
• not to acquiesce to offenders’ requests. Many victims pay one after another and carry out the requested behaviours out of fear that their sexual material would be made public. This results in ongoing extortion, which may end if the demands are met, but it will remain a threat to the victim because they will probably return with fresh demands. Furthermore, there’s no assurance that offenders won’t continue to upload the footage.
   
• File a complaint online with the relevant website about sextortion. The primary document is a FIR.
• Do not delete anything related to the incident.
• Meet with the lawyer who deals with sextortion cases. Make sure the attorney you consult understands the sextortionist’s tactics and their next course of action. Sextortionists maintain control over your behaviour and will attempt to persuade you that you have exhausted all of your options or that there is no way out. We at Lokvt offer assistance in cases involving sextortion.

How to file an offline complaint against sextortion.

Since filing a complaint as soon as possible facilitates initiating legal action against offenders, it is imperative that you do so. Making a complaint is relatively easy; to file one offline, take these actions:

• You must first officially report the incident to the cybercrime unit of the closest police station. It can be registered in any city, regardless of jurisdiction, where you happen to be at the time.

Police officers and other personnel designated in Section 80 of the Information Technology Act, 2000 are authorised to conduct investigations, conduct warrantless searches, and make arrests of suspected offenders for acts under the act.

• Provide your contact information, including your address, phone number, and name. When writing this complaint, you must address the head of the cybercrime cell where the complaint is being submitted.
• If the cyber cell is not able to handle your complaint, you can file a formal complaint report (FIR) with any police station. If they decline to file it, you can file an appeal with the commissioner or a judicial magistrate.

Regardless of jurisdiction, the complaint must be recorded in accordance with Section 154 of the Code of Criminal Procedure (CrPC).

Since many cybercrimes are covered by the IPC, filing FIR is easy (that has been explained below).

• According to the IPC, a lot of cybercrime-related activities are also considered to be crimes. Therefore, in certain situations, police can look into or make an arrest without a warrant. Under these conditions, the police are required to file a First Information Report (FIR) and forward it to the police station that is in charge of the crime.
• When registering or filing your complaint, you must include supporting documentation. The sorts of documentation required for registration vary based on the complaint. The collection of files that must be submitted is mentioned below.

How to lodge a complaint against sextortion online

If you would rather not attend to the police station, you can file a complaint online with the Indian Ministry of Home Affairs. Because it takes less time and effort, filing a complaint online through a portal is simpler than doing so in person at a police station.

Go to the Ministry of Home Affairs’ National Cyber Crime Reporting Portal. To visit the website click here- https://cybercrime.gov.in/

• Click on the ‘File a Complaint’ tab. Then click the ‘Accept’ option to accept the terms and conditions. It will take you to a different page.
• You will be given two alternatives on the new page. If your complaint is about a cybercrime involving a woman or a child, select the option “Report cybercrime involving women/children” and click “Report.” You can also report anonymously in these situations. 

Click on ‘Report other cyber crimes’ if your concern is not related to this.

documentation needed to register a complaint

Various types of complaints need different kinds of evidence in order to be investigated. Understanding the necessary paperwork is crucial when submitting a complaint.

Cybercrime via email

• Details about the offence in written format.
• CD-R containing a soft copy of an email with the email address.
• Original sender email address with a header on a hard copy.

Cybercrime via social media networks

• Screenshots of content available in both soft and hard copy formats.
• Details of that person’s identity proof.
• Provide details about the individual if you know.
• A soft copy of all the proofs is on a CD.

Laws governing sextortion in India

The Protection of Women from Domestic Violence Act, 2005

The purpose of this Act is to provide women who have experienced domestic abuse with redress. This act offers more effective protection for the rights guaranteed by the constitution to women who are victims of domestic violence of any kind, as well as for issues associated with or resulting from such abuse.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 

It is a statute that protects women from sexual harassment at work, as well as prevents and resolves sexual harassment complaints.

Section 108(1)(i)(a) 

According to Code of Criminal Procedure, 1973, Section 108(1)(i)(a), the victim may notify the local magistrate of the person she believes is responsible for spreading any offensive content. The magistrate is able to hold these people in custody and have them sign a bond that forbids them from sharing the information. The accused may be discouraged by this.

Section 292 

Section 292 of the Indian Penal Code, 1860 addresses the dissemination or circulation of pornographic content. This law forbids, among other things, the distribution, sale, leasing for rent, and public display of pornographic publications.

Section 354 

The Indian Penal Code, 1860, Section 354, defines illegal force or assault on a woman with the intention of demeaning her and offending her modesty. If found guilty of such an offence, the offender could get a sentence of up to two years in prison, a fine, or both.

Section 354A

According to Section 354A of the Indian Penal Code, 1860, a man is guilty of sexual harassment if he engages in any of the following behaviours: making sexually suggestive remarks, demanding or granting sexual favours, making unwanted and explicit sexual overtures, or displaying pornography against the will of a woman. If found guilty, the accused might get a term of up to one year in prison, a fine of up to five lakh rupees, or both. 

Section 354B

According to Section 354B of the Indian Penal Code, 1860, any male who assaults or uses unlawful force on a woman, or aids or abets such an act to disrobe or compel her to be nude, will be punished with imprisonment of either kind for a period of not less than three years, but not less than seven years, as well as a fine.

Section 354C

According to Section 354C of the Indian Penal Code, 1860, a male individual who photographs or views a woman engaging in a private act in a situation in which she would normally expect no one to see it—either the perpetrator or another person at their request—and then distributes the image online faces jail time. If convicted a second time, the punishment is the same as for the first offence: imprisonment of any kind for a minimum of three years, a maximum of seven years, and a fine. The first conviction carries a sentence of not less than one year, not more than three years, and punishment.

Section 354D

Section 354D of the Indian Penal Code, 1860 states that stalking is punishable by imprisonment of either type for up to three years and a fine on a first conviction, and by imprisonment of either type for up to five years on a second or subsequent conviction.

Section 406 

Section 406 of the Indian Penal Code, 1860, specifies the punishment for criminal breach of trust as imprisonment for up to three years, a fine, or both.

Section 499 

Section 499 of the Indian Penal Code, 1860 punishes anyone who commits an act with the intent to harm or has reasonable grounds to believe that doing so will harm someone’s reputation or character.

Section 500 

According to Section 500 of the Indian Penal Code, 1860, anyone who defames another person faces up to two years in prison, a fine, or both. 

Section 506 

Criminal intimidation is punishable under Section 506 of the Indian Penal Code, 1860 by up to two years in prison, a fine, or both. An accused person may be sentenced to up to seven years in prison, a fine, or both if they threaten the victim with death, severe physical harm, property damage, or by impugning unchastity in a woman.

Section 509 

Section 509 of the Indian Penal Code, 1860 describes the penalties for a man who attempts to violate a woman’s privacy by using words, gestures, noises, or items and intending for them to be seen or heard. If someone does this, they might get a fine, a year in jail, or both.

The Protection of Children from Sexual Offences Act, 2012

Combating child sexual exploitation is the goal of the Protection of Children from Sexual Offences Act of 2012. Its objective is to deal with the problem of child sex abuse.

Section 66E 

A invasion of privacy is defined as when someone knowingly captures, publishes, or transmits a picture of a victim’s private body part without the victim’s consent or agreement under Section 66E of the Information Technology Act of 2000. The maximum punishment for the criminal is three years in prison, a fine of up to two lakh rupees, or in certain situations, both.

Section 67

Section 67 of the Information Technology Act of 2000 prohibits the publication or transmission of pornographic or obscene material via electronic media. If found guilty, the accused might get a term of up to 3 years in prison or a fine of up to 5 lakh rupees; if found guilty of a second crime, the punishment could be up to 5 years in jail or a fine of up to 10 lakh rupees. 

Section 67A 

The publication of obscene material in electronic form is punishable under Section 67A of the Information Technology Act of 2000, with a maximum sentence of five years in prison and a fine of ten lakh rupees, or seven years in prison and a fine of ten lakh rupees if it is a second conviction.

Section 67B of the Information Technology Act

Section 67B of the Information Technology Act of 2000 prohibits the publication of sexual and obscene material that features children. Such an individual may be sentenced to up to five years in prison and a fine of up to 10 lakhs for committing the offence.

Section 72 of the Information Technology Act 

A government employee who divulges data and information obtained during the course of their duties without the consent of the parties involved, unless exempted by law, may be prosecuted under Section 72 of the Information Technology Act. The maximum penalty is two years in prison, the maximum fine is Rs. 100,000, or both.

Section 4 of Indecent Representation of Women (Prohibition) Act, 1986, (IRWA)

The Indecent Representation of Women (Prohibition) Act, 1986 (IRWA) forbids the publication or distribution of books, pamphlets, and other publications with pornographic images of women in Section 4. If someone is found guilty under this section for the first time, they will be sentenced to a maximum of two years in prison of any kind and a fine of up to two thousand rupees. If they are found guilty again, they will face a minimum sentence of six months in prison and a maximum sentence of five years in prison as well as a fine of up to one lakh rupees.

Section 6 of Indecent Representation of Women (Prohibition) Act, 1986, (IRWA)

Section 6 of the Indecent Representation of Women Act, 1986 imposes penalties on the offender. In the event of a second or subsequent prosecution, the sentence may be reduced to five years or less, with a minimum of ten thousand rupees being substituted for any words or fines that surpass two thousand rupees. In the event of a second or subsequent conviction, the terms will be substituted, with the minimum sentence being six months, the maximum sentence being five years, and the minimum payment being fifty thousand rupees, the maximum payment being five lakh rupees. They won’t receive a prison term longer than five years.

Adv Khanak Sharma