• Blackmailing by cousine

Respected
sir\madam
I had mutual oral sex with my cousin before my marriage he came to my house and offer me . I asked about age and he told he is adult .he was in 12th std .After my marriage he again came to my house and ask for the same. I denied . he started blackmailing me. now also we have family relation. sometimes he calls and blackmail me. sometimes he gave me threat to take me to court as he was younger than me. so I want to cut the relationship. I just want to know whether he can take any legal action against me.
Asked 1 month ago in Criminal Law from Chennai, Tamil Nadu
Religion: Hindu
1. If he had attained the age of consent i.e 18 years and it was a consensual act then it was not illegal. However, if a complaint is filed by him now then police will have to investigate the matter and call you to appear before it. If a FIR gets filed against you then apply for anticipatory bail. 

2. If he blackmails you then go to the nearest police station to file a FIR under Section 506 IPC for criminal intimidation.
Ashish Davessar
Advocate, Jaipur
23888 Answers
667 Consultations

5.0 on 5.0

Dear Client,

Being younger to you no offense except below 16 years of age at that time. 
This is not a case of sexual abuse but black mailing, he can`t do anything , even u can file criminal case against him for criminal intimidation, black mailing and molestation.
Yogendra Singh Rajawat
Advocate, Jaipur
4640 Answers
2 Consultations

4.7 on 5.0

1) it was consensual sex 

2)no need to bow down to black mail tactics 

3) record his threats 

4) if he threatens you inform his parents
Ajay Sethi
Advocate, Mumbai
49236 Answers
2936 Consultations

5.0 on 5.0

Dear,
 Don't worry, he can't do anything wrong with you. 
 If he is continuously blackmailing you then if you want then discussing with your parents,
 don't tell them truth and file fire FIR against him for blackmailing, molestation.
Tarun Agarwal
Advocate, Jaipur
363 Answers
1 Consultation

4.9 on 5.0

He cannot take any legal action against you if it was with consent further on thew contrary you can file a case against him for threat and blackmailing. being younger nowhere means that is illegal if the person is of consenting age.
Shubham Jhajharia
Advocate, Ahmedabad
5421 Answers
15 Consultations

5.0 on 5.0

You need not to budge or fear to his thread. It is not possible to him to prove the case. This type of person won't lodge a complaint they will always try to fulfill their lust by threadening person who s settled in family life. Male gender above the age of 16 cannot file a complaint related to consent to sex.
Selva Perumal
Advocate, Chennai
215 Answers
6 Consultations

4.9 on 5.0

1. What evidences he got on the mutual oral sex?. If he has any evidences then he can sue you.

2. I suspect, he is simply threatening you. So, you also threaten him that you would go to police station and file harassment complaint against him.

3. I think, you may disclose this to your husband before it would come to your husband.

4. You may discuss with me for further legal help.
Niranjan
Advocate, Bangalore
778 Answers
9 Consultations

4.9 on 5.0

1) No, he can't take any legal action against you.

2) The girls has more rights as per the law and you can deny him plus do not entertain him for such type of relation ship which is not accepted in the society and as per hindu law.
Ganesh Kadam
Advocate, Pune
3047 Answers
17 Consultations

5.0 on 5.0

He can file an FIR against you under The Protection of Children against Sexual offences Act, 2012 (POCSO).
Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

Hello,

No he can not take any legal action against you.
It is not a crime to have relationship with a younger guy.
Rather you can tell him to stop blackmailing you otherwise you will take action against him.

Regards
Anilesh Tewari
Advocate, New Delhi
9968 Answers
133 Consultations

5.0 on 5.0

your cousin is trying to scare you to submission 

no case is maintainable against you after 15 years
Ajay Sethi
Advocate, Mumbai
49236 Answers
2936 Consultations

5.0 on 5.0

Okay if it happened 15 years ago then POCSO will not apply. Also save all the evidences that you have. It will help if anything ugly happens. Rest he cannot legally threaten you. Moreover you can file a complaint against him for threatening, but I would advise you to refrain from filing any complaint as it may just infuriate your cousin. As of now you need not to worry.
Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

Don't worry, he cannot make any complaint by citing the incident happened earlier. He cannot prove the incidents. If he continues to threadening you lodge a criminal complaint for harassment. If u need further assistance don't hesitate to contact me.
Selva Perumal
Advocate, Chennai
215 Answers
6 Consultations

4.9 on 5.0

Dear,
 Don,t worry. He want's to do sex with you,that's why he is threatening you.
 Be strong and strongly deny him and warn him that if he blackmail you again
 then you will lodge complaint against him.
Tarun Agarwal
Advocate, Jaipur
363 Answers
1 Consultation

4.9 on 5.0

You are uselessly getting worried, No case made out, on the contrary, you can file case against him. He is taking advance of your fear. No case made out.
Yogendra Singh Rajawat
Advocate, Jaipur
4640 Answers
2 Consultations

4.7 on 5.0

I can understand your problem at this stage. Legal options are always available for you in this regard. It would be difficult for your cousin to prove his say and moreover 15 years have passed away after the incident. Better would be having a detailed discussion for a concrete opinion as the problem is crucial.

SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
Shri Gopal Verma
Advocate, New Delhi
173 Answers
1 Consultation

4.0 on 5.0

1) No, he can't do anything regarding this he is just threatening you or making fool statement.

2) Why you're worried about filing a case by him. You know the rule of laws are maximum from female side.

3) If in future he comes to meet you and find alone you in home. You can filed rape case against him and today also you can file harassment case against him.
Ganesh Kadam
Advocate, Pune
3047 Answers
17 Consultations

5.0 on 5.0

If it was consentual and both the person were major (18+ of age), there was nothing illegal and boy cannot do anything about it. Boys trying to play mind games with you so as to blackmail you and fulfill his urges, which you should let him do. 

You can also approach police and File a complaint against your cousin for criminal intimidation under section 506 of the IPC.
Siddharth Jain
Advocate, New Delhi
1522 Answers
17 Consultations

5.0 on 5.0

He cannot file any case, you don’t need to worry he is just harassing and playing mind games with you for further physical benefits. 
You can lodge a complaint against him for harassment, criminal intimidation and under section 354 IPC.
Ruchit Dugar
Advocate, New Delhi
181 Answers

4.9 on 5.0

Q-actually it happened 15 years before. it was 100% consensual. after that we had connection over phone ,what's app . I have some proof also that he sent to me. now my question is weather after 15 years he can make any false case against me. because he used to told me his father is powerful person. I never see his birth certificate . I only believe his word.

Answer- If this happened 15 years ago, then the period of limitation for filing a case has already elapsed and your cousin cannot take any action against you now,after the period of more than a decade.
 So you should try to get evidence in form of audio or video recording when the boy tries to blackmail you again, and if he still persists, then you can approach the police and file of criminal complaint against them for blackmailing and threatening you.
Siddharth Jain
Advocate, New Delhi
1522 Answers
17 Consultations

5.0 on 5.0

No he dont have any valid case against you after elapse of so much of time.
So you believed his age and consent was given so no onus on you.
Shubham Jhajharia
Advocate, Ahmedabad
5421 Answers
15 Consultations

5.0 on 5.0

give him warning and inform him filing FIR, if he harass you
Konda Srinivas
Advocate, Hyderabad
202 Answers
1 Consultation

Not rated

He cannot take any legal action on this issue.

If he approaches police then he will be in trouble.

In fact you can give a complaint against him for torturing you with sexual advances and demand for sex.

You warn him or inform your husband about this and lodge a complaint with the police about his nuisance and other related criminal offences and threats he poses.
T Kalaiselvan
Advocate, Vellore
39440 Answers
422 Consultations

5.0 on 5.0

actually it happened 15 years before. it was 100% consensual. after that we had connection over phone ,what's app . I have some proof also that he sent to me. now my question is weather after 15 years he can make any false case against me. because he used to told me his father is powerful person. I never see his birth certificate . I only believe his word.

You should not worry.
He thinks that law is a toy so he is trying to play with it.
He is doing all these out of his ignorance.
Not only 15 years, he cannot do anything about it even it the incident had taken place very recently.
In fact you can complaint against him for his demands and the threats he poses.
T Kalaiselvan
Advocate, Vellore
39440 Answers
422 Consultations

5.0 on 5.0

No case is made out against you. Police cannot file the FIR in the first place, but if the FIR is filed then you can file a petition for FIR quashing in the High Court,
Ashish Davessar
Advocate, Jaipur
23888 Answers
667 Consultations

5.0 on 5.0

He cannot complaint in this regard that too after 15 years. He may threatened you to continue you such physical relation for his physical pleasure.
Sivasubramanian B
Advocate, Chennai
47 Answers
1 Consultation

4.0 on 5.0

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