Action Against Blackmailing Of Defamation By A Pervert Through Media.
5 years ago
My step brother is a Pervert and want to practice Incest. When we identified his perversion, he was asked to leave the family along with wife since she is supporting him regarding Incest. Now, this person is blackmailing the family that he will go to press and defame the family by making false accusations.Our family is highly admired in our society and worried about that. What can be done legally to tackle this person.
Deepak Yashwantrao Bade
Responded 5 years ago
A.Whether you have evidence of his pervert practices or threat of Blackmail Or defame in press?, If yes then you can file a complaint against him and also file a case for refrain him from any of the threat of act against him.take proper help from lawyer to build up case
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A.You can file a complaint against the threat, as it is a threat to commit illegal act. Another remedy is to approach civil Court and obtain an injunction against him from doing any sort of defamatory publication.
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ROBERT D ROZARIO
Responded 5 years ago
A.Facts not clear. Can you be more specific about your situation. Legal positions cannot be answered without complete facts, as the answer will differ from one facts to other facts. As of now, since your step brother is sharing the same household, the aggrieved person may lodge a complaint under Protection of Women from Domestic Violence Act 2005. If more aggressive steps required then include section 509/354/354A/354B/354C IPC.
Section 509. Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Section 354: Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine
Section 354 A.:
1. A man committing any of the following acts—
i. physical contact and advances involving unwelcome and explicit sexual overtures; or
ii. a demand or request for sexual favours; or
iii. showing pornography against the will of a woman; or
iv. making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
2. Any man who commits the offence specified in clause (I) or clause (ii) or clause (iii) of sub-section (I) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
3. Any man who commits the offence specified in clause (iv) of sub-section (I) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both
Section 354B. Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.
Section 354C. Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
Section 509. Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Section 354: Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine
Section 354 A.:
1. A man committing any of the following acts—
i. physical contact and advances involving unwelcome and explicit sexual overtures; or
ii. a demand or request for sexual favours; or
iii. showing pornography against the will of a woman; or
iv. making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
2. Any man who commits the offence specified in clause (I) or clause (ii) or clause (iii) of sub-section (I) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
3. Any man who commits the offence specified in clause (iv) of sub-section (I) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both
Section 354B. Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.
Section 354C. Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
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A.You can approach local civil court and obtain an injunction restraining him from doing any such act. As for his threat of defamation, and attempt for indecent actions, file a police complaint.
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Ambrose Leo
Responded 5 years ago
A.If you have evidence of his pervert practices or threat of Blackmail Or defame in press, you can file a complaint against him and also file a case for refrain him from any of the threat of act against him. You can also take guidance & help from a professional lawyer to protect you & your family interest quickly.
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A.Dear Sir,
You can file a complaint with police which will help you in both ways that it will protect you if your brother approach the police and register a case on him.
You can file a complaint with police which will help you in both ways that it will protect you if your brother approach the police and register a case on him.
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A.If he does that meaning if he posts any defamatory or objectionable information anywhere then certainly he will be held liable and can be booked under the law. Also he can be booked under certain sections of IPC for sexual advances against the family members although incest is not mentioned anywhere in the IPC.
Going to press and publishing a libel is not that easy and if he does then he will have to face the legal consequences.
Going to press and publishing a libel is not that easy and if he does then he will have to face the legal consequences.
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