• A stalker blackmailing over my past

Sir
 I thought to write you and seek a legal help, for an urgent personal problem. I am an undergraduate student from IGNOU and i stay on Noida. 3 year before i used to provide travel escorts to international tourists. 2 years ago i met a person who is an international travel agent from Dwarka, Mr. S***k and provided him some sort of sexual service for 5-6 times at my accommodation in lieu of money. the reason was that I was in dire need of money. but I left my escort profession a year before, gradually contracting the sphere by declining the clientele politely. but this single person turned out to be a real peril, who demanded even if i leave my previous profession, i am bound to provide him escort service. when i declined, saying there was no point of me providing this kind service, which i have already left, he started nagging me. he nagged me to such a horrible extent that he gave me rape threats and he also gave my brother death threat. so far having felt that i am on weaker ground, considering my darker image in the past, I kept quiet and did n't into seek any legal help. but since past one and a half months things went out of control, his threats and mannerless and uncivil attitude caused a high voltage panic in the house. i am a physically weak girl, last week he jumps the outer wall of my rented villa when I refused to open the gate, he sat for an hour outside and started to conversate with neighbours alleging 'I've fraud him financially and now not opening the door.' and compels me to chat with him or to have sex with him for hours. my study is getting hampered. but i am already highly panic-stricken by his unruly behaviour. every day during our online or phono chat, he threatens me showing me the screen shots of my previous mobile number google records which veritably proofs of my past activities, saying that he will go to police with his proof if I don't comply to his wishes. He's pretending to prove himself a fatal psychotic stalker who'd hurt me and family irrevocably. Due to this atrocious series of events, a wish to achieve social transcendence in my life seems next to impossible.
 Please help if there is any legal help to stop the dastardly acts of that person.
Asked 7 years ago in Criminal Law
Religion: Other

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7 Answers

Report the matter to the police and ask them to lodge a FIR against this fellow for stalking, cyber bullying and criminal intimidation. Next time he attempts any of his dastardly acts, you should immediately reach out to the women helpline of UP police 1090.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

There is a lot of grey area with regards to the law of sex workers in India. However, no one can force you to have a physical relation without your consent, and forcing you for the same in the crime in itself.

If you previously had sex for money then that does not make you a criminal. India has ratified the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others in 1951 and that does not punish one for being a sex worker.

You can go to the police station and lodge a complaint against this person that he is blackmailing you and is giving life threat to you and your family. Go to the womens help line.

Regards

Let me know if I can be of further help

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

If you want any assistance in drafting of the FIR and pursuing the matter with the Police, do not hesitate to get in touch.

Best,

Vibhanshu

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hii , you have two options .. First , you can file a lodge a police FIR of rape and get him arrested .. It is a serious offence that is being done by him.. Police will definitely take action against him and will get him arrested ..2) the second option is to cut all communications , change your number and move to a different place so that he is not able to teach you .. I am advising this only because you were involved in escort business and since you have left this business and want to start a new life , the complaint may expose you as police will carry investigation from both sides .. It is more advisable to , shift from there and change your mobile number

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

file police complaint against the said person for stalking under section 354D of IPC

2)(1) Any man who—

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

monitors the use by a woman of the internet

, email or any other form of electronic communication,commits the offence of stalking;

3)Whoever 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
96918 Answers
7820 Consultations

According to the Constitution of India, any citizen is free to practice any trade, occupation or profession. Though the occupation of providing escort services may be immoral from ethical point of view but since it is carried out as a result of mutual consent and a valid contractual agreement for providing professional services for a consideration, it is valid in the eyes of law even though the practice of providing escort services may not be institutionalised. Also so long it does not create any sort of public nuisance or disrupt public peace, it is not bad in law. One can file a criminal case on the grounds of harassment and extortion coupled with the ground of threat to kill which by itself is sufficient enough for the court to take cognizance.

Sunil Jain
Advocate, Ghaziabad
1 Answer
1 Consultation

Firstly you should not be frightened over his threats to disclose your past history to police.

In such cases the offence will be when you are indulging in the said crime and there can be no case maintainable for the past events even if he provides evidence.

More over escort service sexual activity in your residence is not a crime.

You should immediately resort to police complaint against him or his unprovoked atrocities will aggravate to intolerable extent.

You should first come out of the fear psychosis.

Take the assistance of a local lawyer and proceed with his help on all such further issues.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

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