Introduction;
Extortion and Blackmailing are serious cognizable offence, and they have become a major concern in today’s society. With the rapid growth of digital technology, these crimes are also increasingly being committed through online platform, making cyber enabled extortion and blackmail one of the most significant challenges of the modern era. These criminal offences are punishable under the relevant provisions (i.e., Section308 of the Bharatiya Nyaya Sanhita,2023) with prescribed penalties. Whereas enactment and implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023, India now has comprehensive legal framework that governs criminal proceedings, including the procedure for investigation, inquiry, trial and other aspects of the criminal justice process. Although the primary responsibility to investigate a cognizable offence lies with the police. However, if the Police fail to register FIR, fail to take appropriate action, or neglect to conduct proper investigation, the BNSS empowers an aggrieved person to approach the competent Magistrate by filing a private criminal complaint. This ensures that access to justice is not denied merely because the police fail to discharge their statutory duties.
Increasing record of Extortion and Blackmailing in India;
According to recent National Crime Records Bureau (NCRB) reports, extortion is primarily classified as a motive within cybercrimes, accounting for roughly 4% to 5% of all registered digital offenses. Uttar Pradesh historically leads India in extortion related cybercrimes by a wide margin. Extortion generally represents between 4% and 5.5% of the overall cybercrime cases reported annually, trailing behind broader fraud and financial scams. The overall crime rate in India declined in 2024 compared with 2023 but there was an increase of over 17% in cybercrime cases, according to the Crime in India 2024 report released by the National Crime Records Bureau (NCRB) on Wednesday (May 6, 2026). During 2024, 72.6% of cybercrime cases registered were for the motive of fraud (73,987 out of 1,01,928 cases) followed by sexual exploitation with 3.1% (3,190 cases) and extortion with 2.5% (2,536 cases).
Difference between Criminal complaint and Private Criminal complaint;
Criminal complaint is a broad term for any formal allegation made to authorities that a crime has occurred and it may be filed by the person who has knowledge that an offence has been committed. Private criminal complaint is a specific type of complaint filed directly by private citizen or victim to a magistrate, without initiation of police proceeding.
Steps required to be followed for filing Private criminal complaint;
1. Lodge Information of the Cognizable offence (Section 173 of BNSS, 2023)
Since Extortion and blackmailing is a cognizable offence, the victim should primarily approach the police station and provide information to register FIR.
Under Section 173(4), if the officer in charge of the police station refuses to register FIR, the aggrieved person may submit the information in writing or electronic communication to the Superintendent of Police.
2. File a private criminal complaint before the magistrate (Section 210 BNSS)
Even after approaching the police authority no effective action taken then the aggrieved party may file private criminal complaint before competent Judicial Magistrate.
3. Submission of Evidence
The complainant should annex all relevant evidence, including documents, photographs, recordings, messages, email, screenshots, call records, and witness details, along with the complaint.
4. Examination of the complainant (Section 223, BNSS)
The Magistrate examines the complainant and the witness, if any, oath to determine whether a prima facie case exists.
5. Inquiry or investigation by the Magistrate (Section 225, BNSS)
Before issuing process, the magistrate may postpone the issuance of process and either conduct an inquiry himself or direct the police or any other competent person to investigation the matter.
6. Issue of process (Section 227, BNSS)
If the magistrate is satisfied that sufficient grounds exist to proceed, summons or warrants may be issued against the accused.
7. Trial
After the accused appears before the court, the criminal proceeding continues in accordance with the procedure prescribed.
Example;
A man threatens to leak your private photos unless you pay — This fall under cybercrime + extortion.
Someone threatens you that he would harm your family unless you pay him some money — This is clear criminal intimidation + extortion.
Case studies;
Lalita Kumari v. State of UP (2013), Lalita Kumari, the petitioner, challenged the refusal of the police to register a First Information Report (FIR) despite her complaint alleging a cognizable offense. The refusal to register the FIR led Lalita Kumari to approach the Supreme Court, seeking a declaration that the police are obligated to register an FIR upon receiving such a complaint. Supreme court held that the police are required to register an FIR as soon as they receive information about a cognizable offense. Failure to do so is considered a violation of legal and constitutional obligations and shall invite contempt.
Sakiri Vasu v. State of U.P(2008), Appellant is the father of a Major in the Indian Army named Ravishankar. The Major’s body was discovered on 23rd August 2003, at Mathura Railway Station. The Government Railway Police (GRP) in Mathura investigated and concluded in a report on 29th August 2003, that the death was either an accident or a suicide. The Army officials in Mathura conducted two separate inquiries, both reaching the same conclusion that the Major had committed suicide. The inquires relied on statements from the deceased Major’s servant and an eyewitness. However, the appellant, Major Ravishankar’s father, claimed that his son was actually murdered and did not commit suicide. He alleges that his son discovered widespread corruption in the Mathura Army unit, reported it to superiors and to him, and was killed because of it. Dissatisfied with the Court of investigation’s finding of suicide, the appellant took the case to the Allahabad High Court through a writ petition, but the court dismissed it. The appellant then appealed to the Supreme Court through a special leave petition under Article 136 of the Constitution of India, 1950 and demanded investigation by special investigating agency. The Supreme Court held in Sakiri Vasu v. State of U.P. that if the police refuse to register a First Information Report (FIR) or fail to conduct a proper investigation, an aggrieved person cannot directly approach the High Court. Instead, they must first approach the local Judicial Magistrate.
Conclusion;
The enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has modernized India’s criminal justice framework by providing a comprehensive structure and procedure for investigation, inquiry, and trial. Whether extortion or blackmail is committed through traditional means or digital platforms, the law prescribes specific punishments and establishes a clear procedural framework for addressing such offences. The BNSS also empowers an aggrieved person to seek justice by approaching the competent Magistrate and filing a private criminal complaint whenever the police fail to register an FIR or do not take appropriate action. This ensures that access to justice is not denied merely because of police inaction and provides an effective legal remedy to protect the rights of victims. The success of the criminal justice system does not depend solely on statutory provisions. It also depends on the prompt and effective action of the police, the quality and fairness of the investigation, and the proper collection, preservation, and secure handling of evidence. These factors are essential to ensuring a fair trial, protecting the rights of victims, and delivering effective justice.
Frequently asked question(FAQ);
1. Is FIR needed for cybercrime?
Yes, a First Information Report (FIR) is generally required if you want the police to formally investigate and prosecute a cybercrime.
2. What is the difference between Section 175(3) and Section 223 BNSS?
Section 175(3) BNSS lets a Magistrate order the police to investigate, the equivalent of the old CrPC Section 156(3). Section 223 is the alternative: the Magistrate takes cognizance directly on your complaint after examining you on oath, used when the police route fails.
3. What happens after the Magistrate examines me on oath?
After examination and after hearing the proposed accused, the Magistrate may take cognizance, or may postpone issuing process and hold an inquiry or direct an investigation before deciding whether to summon the accused (the Section 225 region of BNSS).
4. Can I register my complaint online if I incidentally found blackmail?
Yes, by going to www.cybercrime.gov.in and registering their complaint under “Women/Child Related Crime” or under “Financial Fraud”.
5. What if I do not know who the blackmailer is?
Report it. Cyber police will trace the person using the phone number, IP address, etc.
6. I need legal assistance but not at a high cost.
Yes, talk to State Legal Services Authority (SLSA) for free legal aid.
7. Can I register my complaint if I am outside India but blackmail happens from India?
Yes, through the Indian embassy or cybercrime.gov.in.
8. What punishment does a blackmailer receive?
Imprisonment for 7 years or more and a fine and criminal liability under Sections 384-389 BNS.
Reference;
1. Bharatiya Nagarik Suraksha Sanhita,2023
2. Bharatiya Nyaya Sanhita,2023
3. National Crime Records Bureau
4. The Hindu
5. Lalita Kumari v. State of UP (2013)
6. Sakiri Vasu v. State of U.P(2008),
7. IT Act 2000
Author: Archi Kumari
Law student