Open Access Research Article
ANALYSIS OF SEXTORTION IN THE JUSTICE SYSTEM OF INDIA
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ANALYSIS OF SEXTORTION IN
THE JUSTICE SYSTEM OF INDIA
AUTHORED BY - ARAV AGARWAL
This article is written by Arav Agarwal, a 3rd year
student at School of Law, Christ (Deemed to be University), Bangalore.
ABSTRACT
Life with the absence of internet no
longer appears like a potential prospect. This is particularly true in
challenging situations like now, when most of us are restricted to our
residences. None of our daily activities are feasible without the internet, whether
it's checking our mails, sharing updates on social media, following the news,
ordering goods or simply using WhatsApp. Hence, there is also a considerable
chance of sensitive personal data being exposed. Sextortion is one such crime
that includes private information falling into the wrong hands. Sextortion is a
type of sexual abuse that uses a non-physical form of force to extract sexual
favours or money, such as threatening to reveal sexual pictures or other
related content. These sorts of scams can target both male and female
individuals (though the majority of victims are females) and the culprit can be
an anonymous or well-known individual. Sextortion is a crime that is yet to
have its day. It is an imbalance in our social setting whose presence is yet to
be evaluated legally. Despite being a frequent crime, it is rarely mentioned
and thus gets usually overlooked. The main objective of this paper is to offer
readers a detailed knowledge on online sextortion and the preventative actions
that may be adopted to combat this crime. Through the present piece of writing,
the author delves into a topic that has otherwise been neglected, thus
encouraging lawmakers to take necessary action. In doing so, the paper examines
the lacunae in the existing Indian legal framework. The ultimate purpose of
this paper is to highlight and condemn the issue in order to initiate a
dialogue and healthy discussion in a field of law that is otherwise neglected.
Keywords: Cybercrime, Online
Blackmail, Sexual Abuse, Sex Extortion, Sextortion.
INTRODUCTION
Sextortion is a mixture of the term’s
"sex" and "extortion." Sextortion is a serious offence
where someone threatens to expose your personal and sensitive information until
you provide them with nude content, sexual favours, or even cash. Sexual
extortion is a nasty and dehumanising act that thrives on victims' misery.
Sextortion is similar to web blackmail, wherein the blackmailer either
pressurises the victim to engage in sexual acts, such as posing for intimate
pictures or engaging in sexual acts in front of the camera, or he/she demands
that the victim to pay a hefty sum.
Sextortion via social media is the
most popular pattern. Sextortonists build intimate ties with their potential
future victims through internet conversation and/or messaging services. They
persuade their targets to share nude images or recordings once they have gained
their trust. They then exploit the photographs and footages as a form of
blackmail, pushing their victims to produce more material that meets their sick
expectations[1]. The
worst aspect of sextortion is that the sufferer, who is usually a woman, is
burdened with feelings of shame and guilt and is afraid of being judged and
humiliated if help is sought. The victim's passivity hence considerably aids
the perpetrator's capacity to dominate the victim.
Sextortion has both, an element of
sexual favour and a part of corruption in its characterization. The former
involves a demand, whether implied or expressed, to participate in any sort of
unwanted sexual activity. But the latter happens when the person seeking the sexual
favour is in a position of power that is misused. The core premise here is quid
pro quo, in which a sexual benefit is sought or acknowledged in return
for a benefit that the offender can withhold something sensitive with him/her.
What are the psychological effects of
sextortion on victims, and how can they be best supported and treated?
RESEARCH QUESTIONS
1. What are the motivations of
sextortion offenders, and what factors contribute to their behaviour?
2. What are the legal and ethical
implications of sextortion, and how can legal frameworks be strengthened to
better protect victims and hold perpetrators accountable?
3. What are the gendered dynamics of
sextortion?
4. What are the societal attitudes and
norms that contribute to the prevalence of sextortion, and how can they be
challenged and changed?
STATEMENT OF PROBLEM
The present study is an attempt to examine
the lacunae in the existing Indian legal framework on Sextortion. It also analyses
the gender biased dynamics of this issue, thus encouraging lawmakers to take
necessary action to resolve the same. The study is entitled as “Analysis of Sextortion
in the Justice System of India”.
SCOPE OF THE STUDY
This research paper is centered
around the causes behind this offence and proposes recommendations for how it
can be reduced. Drawing on secondary sources such as online journals, websites
and blogs, the paper takes a qualitative approach to its analysis.
BREAKING DOWN THE DEFINITION
Judges, government officials,
educators, elders, physicians, and employers[2]
are examples of those accused who have been vested with power. Government
officials demanding sexual benefits in return for permits or licences,
interviewers seeking sexual services in exchange for a job placement and
teachers soliciting sexual favours in exchange for academic results are
examples of people who attempt to entrap sexual favours in exchange for
something inside of their authority to grant or withhold. Hence, it can be said
that sextortion is basically a form of blackmail wherein the target is
threatened with publishing his/her sexual images or details in order to obtain
money or sexual satisfaction. Texts, videos, and images can all be utilised to
illustrate a point. And social networking networks are perhaps the most likely
platform of blackmail.
The State of West Bengal v.
Animesh Boxi's case in 2018 was widely considered as India's first
"revenge porn" judgment. In the present case, a girl recorded nude
footages of herself on her phone and sent it across to multiple number of
individuals. The accused, one among these many people, had access to it and in
a fit of anger chose to publish it. Hence, as a result of the trail, the
offender was sentenced to five years in jail and a fine of Rs. 9000[3].
The Hon'ble Judges arrived on this conclusion based on equity, fairness, and
good conscience.
IMPACT ON VICTIMS
The victims become trapped in a
never-ending demanding loop of the offenders, practically becoming their
hostages, due to their despair of sexual content being broadcasted. Depression
and constant embarrassment arise as an outcome of this mental attack. The
anguish these victims experience is immeasurable, and their sorrow manifests
itself in their actions, thoughts, and conduct.
It may have a catastrophic effect not
just on the victim, but also on the victim's whole family. Even after meeting the
demands of the offender, the potential danger of publishing and exposing sexual
content is always present. As a result, the victims are forever at the mercy of
the criminal[4]. They
feel frequently unhappy and alone, leading to self-harming habits.
Experimenting with a harmful drug is an example for instance.
LAWS GOVERNING SEXTORTION
India is a nation with the world’s
largest and bulkiest written constitution serving several domains. Following
are certain laws that regulate and ensure the keeping out, of sextortion:
1.
The Protection of Women from Domestic
Violence Act, 2005 - This Act was created
to provide women who have been victims of domestic abuse a platform to seek
help from. It is a law that ensures that the constitutionally guaranteed rights
of women who are victims of domestic violence of any kind, as well as things
linked to or incidental to such abuse, are more effectively protected.
2.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 – It is a legislation to protect women at work against sexual harassment,
as well as the prevention and redressal of sexual harassment complaints.
3.
The Protection of Children from Sexual
Offences Act, 2012 - This bill aims to
protect children from sexual exploitation. Being a gender-neutral law, its
objective is to bring attention to the problem of child sex abuse.
4.
Section 108(1)(i)(a) of Code of Criminal Procedure, 1973 - Under this section, the
victim might contact the local magistrate and inform him of the person she
believes is responsible for distributing any such obscene content. The
magistrate thereon has the power to detain such people and ask them to sign a
bail agreement barring them from spreading such content[5].
The accused may be deterred as a result of this.
5.
Section 292 of the Indian Penal Code, 1860 - This particular section prohibits the transmission
or distribution of indecent images. This legislation forbids the sale, letting
to rent, distribution and public exhibition of obscene literature, among other
things as well.
6.
Section 354 of the Indian Penal Code, 1860 - Section 354 of the Indian Penal Code, 1860, defines
illegal force or violence on a woman which is done with the aim to humiliate
her and violate her modesty. If convicted with such crime, an accused risks up
to two years in prison, a penalty, or both.
7.
Section 406 of the Indian Penal Code, 1860 - This
section describes criminal breach of trust as a crime prison sentence for up to
three years, and even a compensation or both.
8.
Section 499 of the Indian Penal Code, 1860 - Anybody
who undertakes an operation with the intent to harm or has reasonable grounds
to assume that doing so would harm someone's image or character, is punishable
under the law.
9.
Section 500 of the Indian Penal Code, 1860 -
Anyone who demeans or belittles another individual faces up to two years in
detention, a fine, or even both[6].
10. Section
506 of the Indian Penal Code, 1860 - Criminal intimidation is punishable under the ambit of
this section with a term of up to two years in detention, a fined, or sometimes
both. The accused suffers a penalty of up to 7 years in prison, a penalty, or
both if he threatens the victim with murder, significant physical harm, or
property damage.
11. Section
66E of the Information Technology Act, 2000 - If
someone wilfully photographs, broadcasts, or transmits a visual of a person's
private area without their permission, he may be fined up to Rs.2,00,000/- or
imprisoned for up to 3 years, or even both.
12. Section 67 of the Information
Technology Act, 2000 -
It is illegal to post or send obscene or sexual content through an electronic
medium. If convicted, the accused person
might receive a term of up to 3 years of imprisonment or a fine of up to 5
lakhs. And if he/she is found guilty of a second offence, then a sentence of up
to 5 years of jail time or a penalty of up to 10 lakhs is imposable.
13. Section 67A of the Information
Technology Act, 2000
- Any individual who publishes or sends in digital form any content comprising
of sexually explicit acts or behaviour, he shall then be punishable with a fine
of up to Rs.10,000/- or a sentence of up to 5 years in jail, or perhaps both.
In the case of a second or subsequent arrest, he might face a fine of up to
Rs.10,000/- or a sentence of up to seven years in jail, or sometimes both.
14. Section 67B of the Information
Technology Act, 2000 -
This section of the Act outlaws the publication of sexual and obscene
information involving a child. A person who commits such a crime might stand a
term of up to half a decade in jail and a fine of up to 10 lakhs.
15. Section 4 of Indecent Representation
of Women (Prohibition) Act, 1986, (IRWA) – This section forbids the publication and
distribution of books, pamphlets, and other items with derogatory depictions of
women. On a first guilty verdict, any person liable within this section shall
be punishable with imprisonment of any description for a term up to 2 years
along with a fine up to 2,000 rupees, and on a second or subsequent finding of
guilt, by imprisonment for a term between 6 months and 5 years and a fine
between 10,000 rupees and 1,00,000 rupees[7].
LACUNAE IN THE EXISTING LEGAL
PROVISONS
Although most of the
above listed laws and legal frameworks recognise one or more elements of
sextortion, there is no formal legislation in India that specifically addresses
the crime and this conclusion can be arrived upon making the following
observations:
A)
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 – This statute attempts to safeguard women at work, with
protection confined to female employees only, although sextortion is not a
gender-specific crime[8].
B) Section 375 and 376 of the Indian
Penal Code, 1860 are
laws on the offence of rape and punishments prescribed for it. However, it
fails to cover the dynamics of marital rape, recently a hot and controversial
topic in our country.
C) Similarly, Section 384 of the
Indian Penal Code, 1860 is a law against extortion, however unfortunately
it fails or rather say, ignores to cover the sexual element involved within it.
D) And finally, the Information
Technology Act of 2000 stipulates certain sexual offenses dealing with
cyber-crime, though it also does not cover the changing aspects of cyber sexual
crime.
ADDITIONAL MEASURES TO BE ADOPTED
After reviewing the above
listed statutes, the flaws of our legal system are quite obvious and evident.
All of these laws and provisions address sexual abuse, but none of them
directly address sextortion. So that next question that arises is ‘What can be
done?’.
First and foremost, because
no legislation explicitly acknowledges sextortion, such instances are handled
with under a variety of different legislations, yet the peculiar characteristic
of this crime makes the existing laws insufficient and ineffective. Even after
a fair conviction, the sentence meted out is minimal in comparison to the wrong
done. Hence, this has no effect on the rate of crime. And the criminal
continues to be motivated to do further crimes. As this serious issue cannot be
resolved, specific legislations covering the wider scope of sextortion, or at
the very least a revision to the current law including sextortion, is required.
Hence the state should ither formulate a new act or amend current legislations
to address these lacunae[9].
In the second place, the
nature of crime is such that it is likely to stigmatise victims for exchanging
such revealing photographs and sexual content with offenders or creating an
atmosphere that allows them to film it. The fact that victims are frequently
accused of engaging in such an activity discourages victims from filing
complaints or disclosing concerns to others. If someone is the sufferer of
sextortion, he should not be left unattended because it is not the victim's
mistake. One of the justifications for not filing complaints are episodes of
victim-blaming. This mindset has the potential to harm victims.
Thirdly, to make sure
that people may report this offense in a comfortable and dignified manner, a
formal and confidential procedure for receiving and registering accusations must
be established, ensuring that the incident is investigated in secrecy. More
importantly, legal, institutional (sexual harassment committees at universities
and schools), and community protection mechanisms (such as NGOs) for these
sufferers must be formed besides legal and mental assistance to motivate
victims to come out and hold abusers liable[10].
Ultimately, awareness is
the key. Awareness will have a substantial part in lowering crime rates and
linking individuals to combat sextortion collectively will have a positive
domino effect. By shedding light on the matter and its complexities, this may
undoubtedly be a useful instrument in changing society's attitude toward
victims. Society must be aware and tolerant of the victims, rather than
marginalising them. They must not allow the exploiter to profit from the
victim's silence.
LIMITATIONS TO THE STUDY
Like any study, there are limitations
to this research that can significantly impact its scope. Firstly, while the
quality of secondary data used in this study is good, it is less reliable and
cannot be re-verified. Secondly, due to time constraints, it was not possible
to cover all aspects of the study. Finally, a major limitation of this work is
the plurality of views on the subject, making it difficult to choose between
various perspectives.
CONCLUSION
Although anybody may access the
internet, it is only few people who are aware of cybercrimes such online
sextortion. Sextortion instances on the internet are on the rise. Because of
people's attitudes, many instances go unreported. It is time for instructors,
legislators, and professionals to raise public awareness about the rise in such
a cybercrime and the solutions offered to them. Researchers, psychologists and
psychiatrists[11] should
investigate the causes behind an offender committing online sextortion. The
state should also set specific laws surrounding the issue of online sextortion
in the nation. Eventually, everyone must realise that their safety is in their
hands and that it is critical to take responsibility for one's own actions in
this technologically advanced society.
[1] Sneha Mahawar, Vanya Verma, How
to take legal action against sextortion, iPleaders (June 5, 2021) at https://blog.ipleaders.in/take-legal-action-sextortion/#Section_1081ia.
[2] Sneha Mahawar, Vanya Verma, How
to take legal action against sextortion, iPleaders (June 5, 2021) at https://blog.ipleaders.in/take-legal-action-sextortion/#Section_1081ia.
[3] Sneha Mahawar, Vanya Verma, How
to take legal action against sextortion, iPleaders (June 5, 2021) at https://blog.ipleaders.in/take-legal-action-sextortion/#Section_1081ia.
[4] Jyoty Thakur, Sextortion: An
Emerging Crime Into The Gray Area Of Law, Legal Services India at https://www.legalserviceindia.com/legal/article-6707-sextortion-an-emerging-crime-into-the-gray-area-of-law.html.
[5] Sneha Mahawar, Vanya Verma, How
to take legal action against sextortion, iPleaders (June 5, 2021) at https://blog.ipleaders.in/take-legal-action-sextortion/#Section_1081ia.
[6] Sneha Mahawar, Vanya Verma, How
to take legal action against sextortion, iPleaders (June 5, 2021) at https://blog.ipleaders.in/take-legal-action-sextortion/#Section_1081ia.
[7] Sneha Mahawar, Vanya Verma, How
to take legal action against sextortion, iPleaders (June 5, 2021) at https://blog.ipleaders.in/take-legal-action-sextortion/#Section_1081ia.
[8] Jyoty Thakur, Sextortion: An
Emerging Crime Into The Gray Area Of Law, Legal Services India at https://www.legalserviceindia.com/legal/article-6707-sextortion-an-emerging-crime-into-the-gray-area-of-law.html.
[9] Jyoty Thakur, Sextortion: An
Emerging Crime Into The Gray Area Of Law, Legal Services India at https://www.legalserviceindia.com/legal/article-6707-sextortion-an-emerging-crime-into-the-gray-area-of-law.html.
[10] Jyoty Thakur, Sextortion: An
Emerging Crime Into The Gray Area Of Law, Legal Services India at https://www.legalserviceindia.com/legal/article-6707-sextortion-an-emerging-crime-into-the-gray-area-of-law.html.
[11] Saloni Agrawal, Online
sextortion, Indian Journal of Health, Sexuality & Culture at https://iisb.org/pdf/june2020/6.%20Online%20sextortion.pdf.
Article Information
ANALYSIS OF SEXTORTION IN THE JUSTICE SYSTEM OF INDIA
Authors: ARAV AGARWAL
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/26
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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