• Revenge porn/harassment

My ex lives in India and I live in America, recently we broke up and he has been harassing not only me but my entire family via phone, email and social media. Today he sent revenge porn to my family.
 What are my options for holding him legally accountable for this horrendous action?
Asked 2 years ago in Criminal Law
Religion: Christian

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12 Answers

File police complaint against your ex husband 

 

Under Section 67 A of IT Act  depiction of any sexually explicit acts or conduct by publishing or sending anything, is punishable. For this offense, the punishment is up to five years in prison or a fine which is up to 10 lakh rupees.r,

Ajay Sethi
Advocate, Mumbai
97548 Answers
7892 Consultations

Based on the evidence of phone, email and social media as also for having sent porn to your family members, file a Police Complaint as well as file Defamation case against him for his horrendous action spoiling your image and reputation in the jurisdictional Police Station and Court.  You can also claim compensation from him. Initially you can send a legal notice to him.

Shashidhar S. Sastry
Advocate, Bangalore
5460 Answers
330 Consultations

Hello 

 

Ask your relative / parents / father / mother / brother to immediately file a written complaint to your Areas (India) ACP/ DCP , against this person /your ex - a complaint will be taken for such offence and he will be picked immediately by Police. 

 

Best of Luck  

Atulay Nehra
Advocate, Noida
1313 Answers
58 Consultations

since your ex is in India and you are in the United States, it can be difficult to pursue legal action against him. You should contact the local police in India and report the issue. In addition, you should contact the cybercrime division of the Indian police. You should also contact your local police in the United States and give them the information you have, as they may be able to provide resources and support in this situation.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Hi, you have to lodge police complaint against him.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

You can lodge a criminal complaint to the cyber crime police by attaching the evidence in this regard. 

Section 67 of IT Act provides for : Punishment for publishing or transmitting obscene material in electronic form and the provisions states 

Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine.

You have to resort to legal action against him and before that you can block him in all the social media to avoid further damage.

 

T Kalaiselvan
Advocate, Vellore
87750 Answers
2358 Consultations

Dear querist,

 The perfect remedy will be to file a police complaint against him even if you are not in India, complaint can be filed Thereafter, for immediate action, hon'ble high court can be approached for seeking injunction order against such person for circulation such videos and also book him for the criminal offense committed by him. Further, need to know facts in details as the remedy is fact specific. 

 

regards, 

Yuganshu Sharma
Advocate, Delhi
437 Answers
1 Consultation

Dear Madam,

U may lodge complaint as per American Laws and ask your family members to lodge complaint in respective cyber police stations and thus bring pressure on your ex boy friend.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
492 Consultations

You can file a criminal complaint against him in India with cyber cell. You can prosecute him for many sections including outraging the modesty of woman 

Prashant Nayak
Advocate, Mumbai
32892 Answers
209 Consultations

- Section 66A of the IT Act, prohibits the sending of offensive messages though a communication device, i.e. through an online medium.
- This covers, offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of ‘causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.
- The person who booked under Section 66A could face up to 3 years of imprisonment along with a fine.
- Hence, you can lodge a compliant under the I.T.Act against him. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

Dear client,  

I'm sorry to hear that you're going through this difficult situation. It's important to know that revenge porn is illegal and considered a serious offense in many countries, including both India and the United States.

Here are some steps you can take to hold your ex legally accountable for his actions:

Document the evidence: Keep a record of all the harassing messages and emails, including the ones with the revenge porn. Take screenshots and save them as evidence.

Report the crime: You can report the crime to the police in the city where you live, as well as the police in the city where your ex lives in India. Provide them with all the evidence you have collected.

Contact a lawyer: It's a good idea to contact a lawyer who is familiar with the laws in both countries to assist you in filing a lawsuit against your ex for harassment and/or revenge porn.

Seek a restraining order: You may want to consider obtaining a restraining order against your ex, which would prohibit him from contacting you or your family.

Contact social media and email providers: If your ex is using social media or email to harass you and your family, you can contact the providers and request that the account be shut down.

Remember that you don't have to go through this alone. Reach out to trusted friends, family members, or a therapist for support during this difficult time.

 

 

 

Anik Miu
Advocate, Bangalore
10401 Answers
121 Consultations

You can file complaint against him in India with the police as his said acts attracts a conviction under Section 292, 354C, 499 and 509 of the Indian Penal Code and other provisions of the Indian Penal Code.

The relevant provisions and what they entail are enclosed below:

292: Distribution or circulation of obscene material.
354C: Capturing or dissemination of pictures of a woman engaged in a private act without her consent
499: Act done by a person intending to harm or having a reason to believe the same would harm an individual’s reputation or character.
509: Act intended to insult the modesty of a woman.

With respect to the IT act, revenge porn attracts prosecution under Sections 66E, 67, 67A and 72 of the Act. The relevant provisions and what they address are enclosed below:

S.66E: Violation of privacy; Publishing or transmitting obscene material in electronic form
S.67: Publishing or transmitting of material containing sexually explicit act, etc. in electronic form
S.67A: Publishing electronic material containing sexually explicit act
S.72: Breach of confidentiality and privacy

Additionally, other laws also have their application in such situations such as Section 4 and 6 of Indecent Representation of Women (Prohibition) Act, 1986, (IRWA) which prevents publishing of photographs (among other things) which contain indecent representation of women. Further additional provisions of various statutes may also be used depending on the facts and circumstances of the given cases.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

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