• Blackmailing by some one

I had consensual sex with a boy before my marriage .I was elder . and he told he was adult.but after 15 years he is telling he was not 18 years at that time. He was asking me to do the same again.as i denied he is threatening me to take legal action against me after 15 years.My husband also heard his threatening .My question is whether really he can take any legal action against me after 15 years . 
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Asked 1 year ago in Criminal Law from Chengalpattu, Tamil Nadu
Religion: Hindu

Hello

You are a girl who had sex before marriage which is neither an issue not can be made one after 15 years of marriage.

He is blackmailing you. You should send a legal notice to him to cease from such actions and incase he does not back out...file a complaint with the police.

Regards

Rahul Mishra
Advocate, Lucknow
5043 Answers
12 Consultations

5.0 on 5.0

He can take action under POCSO Act because it does not have time limitation. But he will need to prove such sexual intercourse took place which is not possible to get medically proved now.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

If the incident happened 15 years ago, then he cannot threat you to file a complaint under the Protection of Children against Sexual offences Act, 2012 (POCSO), since this act came in 2012 and it cannot apply to incidents before that. He cannot legally threaten you. You can on the other way file a complaint or send a legal notice to him for threatening you.

Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

no such legal proceedings would be taken against you after 15 years

guy just wants to have sex with you again .

if he threatens you record his threats . file police complaint against him

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

Dear Client,

Don`t panic, it`s just blackmail, nothing can be prove nor you should agree that anything happened like this.

On the contrary, you can file complaint agasint him for blackmail, threat and unwanted demand.

Yogendra Singh Rajawat
Advocate, Jaipur
14592 Answers
19 Consultations

4.6 on 5.0

You should approach to Police Department to register the FIR against your Ex-Boyfriend who has been attempted repeatedly to contact you to foster personal interaction despite your clear indication of disinterest and threatening you and blackmailing to you. As it is an cognizable offence punishable under section 354 D, 506 and 509 of IPC .

If the police officer will not register an FIR against the accused then will approach by writing an application to SP/Commissioner of the Police District to registered the case. if he will not do appropriate action then file a criminal complaint in the Court of Judicial Magistrate First Class by engaging a lawyer.

Mohammed Mujeeb
Advocate, Hyderabad
11738 Answers
4 Consultations

4.5 on 5.0

He cannot take any action against you. So you need not worry. According to criminal law complaint should be registered within the period of punishment duration. After fifteen years he cannot accuse yiu

Sivasubramanian B
Advocate, Chennai
47 Answers
2 Consultations

4.0 on 5.0

He cannot take action since court will not take cognizance after so many years. Secondly you can lodge a complaint for extortion, outraging modesty of women against him with local police station and state that you have not done anything just to ask sexual favours and money he's blackmailing you.

Swarnarka Chowdhury
Advocate, Mysore
1781 Answers
4 Consultations

5.0 on 5.0

Hi, the complaint is not maintanable since there is a hige delay .. It has been years that he has attained the age of majority..

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

No. It will be next to impossible for him to prove sex 15 years ago.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

No. He cannot take any action against you after a period of 15 years as the sex was consensual too.

You can file a case for blackmailing against him in the local station if he continues to forward such threats to you. You do not have to having sex with him at any point of time to the police or to the court and the onus of proof is on him he won't be able to prove it.

Don't worry about him at all.

Siddharth Jain
Advocate, New Delhi
4978 Answers
55 Consultations

5.0 on 5.0

He cannot take any legal action against you after 15 years. Instead for this sexual demand and threat you can file a criminal complaint against the said person. HE shall be behind the bars.

Shubham Jhajharia
Advocate, Ahmedabad
20885 Answers
81 Consultations

5.0 on 5.0

He cannot take any action against you on this at this stage or at any stage.

What is the proof he has at this stage for his allegations?

Ignore his threats and him, if he is still following you then you may lodge a complaint agaisnt him in the police for torturing you with sexual harassment.

Your husband also can lodge a complaint against him for this nuisance and blackmail activities.

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

No case will even be made out after 15 years. If police still files a FIR then file a petition in the High Court for the quashing of FIR.

Ashish Davessar
Advocate, Jaipur
26710 Answers
797 Consultations

5.0 on 5.0

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