Sextortion

The Delhi Cyber Unit on their official website describes Sextortion as a fraud that can take place both against male and female victims (although the majority of the victims are primarily females) and the perpetrator can be both an unknown person or a known one. In such crimes, the culprit usually entices and induces the victim to share their private and nude photographs or videos over the phone, which are then stored and saved by the former for future extortion (sextortion). To elucidate further, in layman's language, with the advancement of technology there has been an increase in sexual extortion, especially during the Covid-19 Pandemic. The victims are often targeted and are made to indulge in non-consensual activities under the threat of sharing private/ lascivious material. This is termed Sextortion or Sexual Extortion.

There are several different forms of Sextortion – one of which is Cyber Sextortion. In Cyber Sextortion, the perpetrator gains trust of the victim by befriending them through social media platforms. The victims then, are enticed into sending their private images through the same medium with the assurance of complete secrecy. However, in several cases, the victims are threatened with the publications of these images/videos and are coerced into bending to the whims of the perpetrator. It is not essential that the perpetrator obtains the images through the victim’s consent. In several cases, the victim’s photos are obtained without their consent i.e.- through password cracking, hacking etc.

One of the most common ways of Cyber Sextortion is through social media websites. The perpetrator keeps the images and videos collected as ransom and coerces the victim to send graphic content as well as perform criminal acts with the threat of publishing the graphic content. Another method of Cyber sextortion is through phishing through emails. Innocent victims are targeted through e-mails claiming that the perpetrator has their account passwords. They are then threatened with leakage of their private poses on social media unless they co-operate with the perpetrator.

Laws regarding Sextortion

In India, Sextortion has not been recognised as a separate crime. Thus, the Indian Penal Code, the Code of Criminal Procedure and the Information Technology Act govern the offence of sextortion in India.

Section 108(1)(i)(a) of the Criminal Procedure Code allows the victim to contact the magistrate in her area and inform them about the person she believes is spreading obscene material.

The magistrate has the authority to detain such an individual(s) and order them to sign a bond to avert him from spreading the material. This may throw the suspect off and deter him from committing the offence. This is a brief redressal section because the victim can file a complaint with the magistrate without providing direct evidence of a crime. Section 292 of the Indian Penal Code makes it a crime to circulate lascivious material via electronic means. An offence under this section is punishable by two years in prison or a fine of Rs 2000.
If images are captured from a private location without her consent, Section 345C of the Indian Penal Code, which defines voyeurism, can be used as an offence under sextortion.
Section 354A of the Indian Penal Code makes any demand or request for sexual favours and any physical contact and advances involving unwanted and explicit sexual overtures illegal. An offence under this section is punishable with a prison sentence of up to 1 year or with a fine up to 5 lakh rupees.
Section 384 of the Indian Penal Code defines extortion as an offence that can be used in Sextortion cases.