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Different Sextortion Laws in India

Written by Anuraag Singh ~ Modified: 15-04-2022 ~ General ~ 4 Minutes Reading

In the last guide, we have explained about Cyber Sextortion and tips to prevent. So, would you also want to know about different sextortion laws in India? If yes, here is all you need to know.

Act of 2013 on Preventing, Prohibiting, and Redressing Sexual Harassment of Women at Workplace

It is a law designed to protect women at work from sexual harassment. As well as to prevent and resolve sexual harassment complaints. Also, below are the different sextortion laws in India to take legal action.

Section 108(1)(i)(a)

The victim may contact the local magistrate and inform him (or her) about the individual she believes is capable of spreading any obscene material under Section 108(1)(i)(a) of the Code of Criminal Procedure, 1973. The magistrate has the ability to arrest and compel such persons to sign a bond forbidding them from spreading the material. This may act as a deterrence to the defendant.

Section 292

Section 292 of the Indian Penal Code, 1860, criminalises the dissemination or circulation of obscene material. This legislation prohibits, among other things, the sale, rental, distribution, and public exhibition of obscene publications.

Section 354

Section 354 of the Indian Penal Code, 1860, defines illegal force or attack against a woman with the aim to offend and violate her modesty. If convicted of such an offence, the offender risks up to two years in prison or a fine, or both.

Section 354A

As stated in Section 354A of the Indian Penal Code (1860), sexual harassment is defined as any of the following acts. Unwelcome and explicit sexual advances. A demand or request for a woman’s sexual favours; exposing pornography against the woman’s will; or making sexually coloured remarks. One year in prison or up to 5 lakh rupees in fines are possible punishments for the alleged offender if convicted.

Section 354B

According to Section 354B of the Indian Penal Code, 1860, any male who assaults or uses unlawful force against a woman, or aids or abets such an act in order to disrobe or compel her to be naked, 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, any male who views or takes a photograph of a woman engaging in a private act in situations in which she would ordinarily expect not to be viewed. Either by the offender or by anyone else at the perpetrator’s request. And then disseminates such image will be imprisoned. On a first conviction, he or she shall be sentence to imprisonment of either kind for a term of not less than one year. But more than three years, and fined. On a second conviction, he or she shall be sentence to imprisonment of either kind for a term of just not less than three years. But more than seven years, and fined.

Section 354D

According to Section 354D of the Indian Penal Code, 1860, stalking is punishable by imprisonment of either type for a period of up to three years. Also, as a fine. And stalking is punishable by imprisonment of either type for a period of up to five years.  As well as a fine on a second or subsequent conviction.

Section 406

Criminal breach of trust is punishable under Section 406 of the Indian Penal Code, 1860. And carries a maximum sentence of three years in jail, a fine, or both.

Section 499

This section 499 of the Indian Penal Code, 1860, punishes a person who undertakes an act with the intent or reasonable belief of injuring an individual’s reputation or character.

Section 500

According to Section 500 of the Indian Penal Code, 1860, anybody who defames another is subject to simple imprisonment for up to two years, a fine, or both.

Section 506

Criminal intimidation is punishable under Section 506 of the Indian Penal Code, 1860. With a term of up to two years in prison, a fine, or both. Also, if the defendant threatens the victim with death, significant physical injury, or property damage. Or if the defendant imputes unchastity to a woman. The defendant faces up to seven years in prison, a fine, or both.

Section 509

The punishment for a male who attempts to offend a woman’s modesty using words, gestures, noises, or items with the intent of being seen or heard. Therefore invading the woman’s seclusion, is set forth in Section 509 of the Indian Penal Code, 1860. Also, a person who violates this provision may face up to one year in prison, a fine, or both.

Don’t become a sextortion victim. Please take legal action against it. The different sextortion laws in India are listed above.