• Threatening by someone

I had consensual sex with a boy before my marriage (15 years before).I was elder . and he told he was adult.After my marriage he asked to keep relation with him.I was not agree with him. He gave me threat that he was not 18 years that time and also he will take legal action against me as his father is a big leader. Because of fear i kept relation with him(not sexually) last 15 years over phone.now i am fed up with this relation.I donot want to keep any relation with him and his family.my question is if i do so weather he can take any legal action against me.if so,weather with phone conversation i can prove that he is the criminal.I am planning to inform my husband also.weather my husband can help me to prove that he is a
criminal.my husband and also my mother know that we r talking over phone.but reason they donot know
Asked 14 days ago in Criminal Law from Chennai, Tamil Nadu
Religion: Hindu

1) You can make complaint against him for torturing, threatening and harassing to you on phone.

 

2) Plus your husband can make complaint against him under IPC 497.

 

Section 497 in The Indian Penal Code

 

497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor. 

Ganesh Kadam
Advocate, Pune
5475 Answers
40 Consultations

4.9 on 5.0

1) block his number 

 

2) if he threatens  you or calls you repeatedly file police complaint against him for stalking under section 354 D of IPC 

 

3) 

Any man who-

  1. follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

  2. monitors the use by a woman of the internet, email or any other form of electronic communication,commits the offence of stalking;

4) 

 Any man who-

commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term 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 may extend to five years, and shall also be liable to fine.

Ajay Sethi
Advocate, Mumbai
56959 Answers
3456 Consultations

5.0 on 5.0

Just go straight to the Police and file a complaint against him.
He is taking advantage of your fear of getting defamed, but he will keep blackmailing you even if his demands are fulfilled.
So, don't let him blackmail you and your family, and fearlessly report to the Police

Mohammed Mujeeb
Advocate, Hyderabad
4635 Answers
3 Consultations

4.5 on 5.0

1. You made the mistake first by indulging in casual sex and then you repeated the offence of taking this adultery further in your marital life.

2 . Anyway , there is nothing to get worried about as he is blackmailing you for which if you lodge a complaint of extortion the police on that basis can register the FIR and then arrest the culprit as well. 

3. DO not make the mistake of getting bogged down by his empty threat. 

Devajyoti Barman
Advocate, Kolkata
15387 Answers
211 Consultations

5.0 on 5.0

You committed no offence and he cannot make out a case against him legally.

Rather, you can be a real trouble for him, in case you open up and report the whole incident to the Police. It appears that he has exploited just because you kept mum all this while and kept tolerating this fellow. No need to bear him any further. Speak out about the whole episode to your husband and if need arises to Police as well. No need to succumb to his nonsense any further.  

Vibhanshu Srivastava
Advocate, New Delhi
7779 Answers
102 Consultations

5.0 on 5.0

Dear Client,

Do not accept of any such incident ever happened, and he cant do anything, on the contrary you are subjected to black mail to satisfy his desires. He can`t do anything and you can file criminal complain agaisnt him of blackmailing and demanding favors. 

Yogendra Singh Rajawat
Advocate, Jaipur
7604 Answers
6 Consultations

4.7 on 5.0

You keep your husband in confidence and lodge a criminal complaint against him with the local police about his threats and indulgence of illegal activities against you.

If the police is not cooperative or not effective you may approach the top police officer of the city with a similar complaint seeking intervention and direction to the local police for proper action against the culprit.

If that step also prove futile then you may approach judicial magistrate couirt with a complaint  under section 156(3) cr,p.c. seeking direction to the concerned police  to initiate proper legal action on your complaint pending before them.

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

Please lodge a police complaint for stalking, extortion with the jurisdictional police station where you are residing. Note that he cannot take any action against you on the other hand you can also complain to state commission for woman if the police fail to take action against him.

Swarnarka Chowdhury
Advocate, Mysore
1657 Answers
3 Consultations

5.0 on 5.0

you dont have to worry. he cant black mail you let him do whatever he wants to.

Prashant Nayak
Advocate, Mumbai
4875 Answers
3 Consultations

4.8 on 5.0

1. You should not have fallen prey to his misadventure in the first place.

2. Now go to the nearest police station to file a complaint against him under Section 506 IPC for criminal intimidation and under Section 323 IPC for causing hurt.

3. Preserve the phone conversation.

4. Your husband cannot prove him to be a criminal in the given facts.

Ashish Davessar
Advocate, Jaipur
25198 Answers
706 Consultations

5.0 on 5.0

messages received by you , call recordings would help yo make out a case 

Ajay Sethi
Advocate, Mumbai
56959 Answers
3456 Consultations

5.0 on 5.0

Your own witness and the messages are enough to convict him for mental harassment.

Prashant Nayak
Advocate, Mumbai
4875 Answers
3 Consultations

4.8 on 5.0

Mere complain is enough and call history as an evidence of continuous stalking. Punishment may extend to three years

Yogendra Singh Rajawat
Advocate, Jaipur
7604 Answers
6 Consultations

4.7 on 5.0

You have to record all calls, text and WhatsApp messages can be used in court as evidence. 

Mohammed Mujeeb
Advocate, Hyderabad
4635 Answers
3 Consultations

4.5 on 5.0

The messages sent by him to you or call records will be sufficient to prove stalking. First lodge a police complaint if police refuse to register FIR approach jurisdictional magistrate court filing private complaint under Sec. 200 Cr.P.C seeking courts direction to investigate the matter.

Swarnarka Chowdhury
Advocate, Mysore
1657 Answers
3 Consultations

5.0 on 5.0

You lodge a criminal complaint against him in the local police station.

You can write all the incidents in your complaint.

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

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