• Husband threatening wife with claims of MMS

My sister married my brother in law in 2010 and divorced in 2014 through mutual consent , after divorce my sister started living with us ,my brother in law used to send us lewd messages but we ignored it until he sent us a text message that he has an mms of my sister in a compromising position and blackmailing that he will upload it ! What steps can we take to book him and put him behind bars ,and can we get a hold of his laptop and delete the mms if it exists!
Asked 6 years ago in Criminal Law
Religion: Hindu

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11 Answers

Hi, it is a serious criminal offence.. File a police complaint and provide the details and the threatning messages ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1) your sister should file police complaint against her ex husband for threatening to transmit and publish mms of her in compromising position

2) complaint can be filed under section 506 of IPC for criminal intimidation abd under section 66 , 66A of IT act

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1. Immoidetey ask your sisiter to lodge compalitn with localpolice.

2.if such threat was made through sms then your sister has good proof of such treat and blackmailing.

3.her ex husband probably does not know if your sister lodges complaint with police he would be levelled with serious charges both under IPC and under IT Act in which getting bail would be very difficult.

4. So do not waste time anymore and lodge complaint with your nearest police station.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Hello,

1) He is no more husband after he has divorced your sister. His threats amounts to criminal intimidation and punishable under provisions of Indian Penal Code and IT Act.

2) Lodge an FIR against him in the nearest police station with all details. In case the police refuses to register an FIR, approach the commissioner of police with the request. If he/she does not help you can file a private complaint before the Magistrate to order the police to register an FIR and investigate and report.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

file a police complaint immediately against him . The police will booked under Sections 292(2)(a) (punishment for obscene picture), 328 (causing hurt by means of poison), 506 (criminal intimidation) and 34 (common intention) of the IPC. Sexual harassment and rape are two sides of the same coin. Both showcase the power of man to dominate that of women. Both have one victim- ‘women’. Both are barbaric in nature; but many people extenuate sexual harassment to rape, just because the victims are not physically harmed. Whereas in rape- the victim is ravished like an animal for the fulfillment of desire and lust of another man. Both have the same object- to undermine the integrity of the victim, physically as well as mentally.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Even making empty threat of blackmailing on supposed MMS is grave criminal offence. So forget the existence of MMS .Lodge the complaint as his acts are enough to register a FIR agaisnt him.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

You can immediately lodge an FIR by showing such message to the police.

Yes he can get bail but the FIR can be lodged because she has ceased to be her wife and any such message amounts to otraging her modesty.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1) so file police complaint of criminal intimidation under section 506 of IPC

2) let police investigate whether any such MMS is with ex husband or not

3) ex husband can apply for and obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You should lodge a criminal complaint against him for his such illegal acts with the cyber crime police.

The cyber crime police will take care of all such sensitive issues and will get into action immediately to book the culprit

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

The follow up question is we are not sure on the existence of any mms ,he is only threatened us but hasn't sent or posted anything ,this is the first time he has sent this kind of message and has ceased contact ever since ,the second part is on complaining can he get bail under the said sections cause we dont have any proof and being women we have a reputation to protect !

You have to take an action now or never.

If you do not take any legal action on this, then the menace will continue to grow to an intolerable extent.

Better decide to punish him because he is doing them with an intention to bring disrepute to her and also to tarnish her image in the society.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

1. Immediately go to the nearest police station to file a complaint against him under Section 506, 354, 323 IPC and provisions of Information Technology Act, 2000. Police can raid his residence, seize his laptop and destroy the video, if any found.

2. It will be difficult for him to get bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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