• Harrassment and blackmailing by recording phone callstha

I would like to bring this to your attention that my father, was declared dead on 15 July 23 but there are many questions I have about his death so I approached Police by writing an application for conducting a police investigation of my father’s death on 15th August 23 by telephonic conversation and on 19th August 23 through my lawyer but it is denied on the grounds that his dead body has not undergone postmortem so cannot be done but I have given so many facts and proofs about what harassment my parents were going through by my brother . He was recording my father's phone calls and blackmailing him for some vedio and photo.

All the information that I am giving to police is digital that can be traceable back and forth as I believe but the Police is calling me and telling that now lot of time has passed so no video and call details can be checked, I am feeling hopeless.
Asked 1 year ago in Criminal Law
Religion: Hindu

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8 Answers

If police is refusing to lodge any FIR file complaint before magistrate under section 156(3 ) of cr OC to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
97489 Answers
7881 Consultations

Lodge a Private Complaint in the jurisdictional Magistrate Court U/s. 200 of crpc/156(3) of crpc. 

Shashidhar S. Sastry
Advocate, Bangalore
5456 Answers
330 Consultations

Harassment and blackmailing by recording phone calls are criminal offences in India. Blackmailing is an act of coercion using threats to reveal or publicize false information of an individual or true and confidential information. Blackmailing can be punished under section 384 of the Indian Penal Code which provides punishments for extortion. Blackmailing can also amount to criminal intimidation under Section 503 of the Indian Penal Code.

If you want to file a complaint against harassment and blackmailing by recording phone calls in India, you can follow these steps:

  • Call 100 to report the harassment to the local police.
  • Lodge a complaint against the harasser at the nearest police station.
  • Call the women helpline numbers 181 or 1091 to report the harassment.
  • File an FIR under the relevant provisions of the IPC, 1860.
  • Present an application of complaint to the Magistrate under Section 12 of the DV Act, 2005.

You can also file a complaint online on the National Cyber Crime Reporting Portal, which is an initiative of Government of India to facilitate victims/complainants to report cyber crime complaints online. This portal caters to complaints pertaining to cyber crimes only with special focus on cyber crimes against women and children. Complaints reported on this portal are dealt by law enforcement agencies/ police based on the information available in the complaints.

You should provide correct and accurate details while filing complaint for prompt action. You should also preserve any evidence or proof of the harassment and blackmailing, such as screenshots, recordings, messages, etc. You should also consult a qualified lawyer for your specific case and get proper legal guidance.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

If you are suspicious about the death of your father, you can very well lodge a complaint to this extent before the concerned police in this regard.

If the police is not responding properly or not taking your complaint, you can approach jurisdictional judicial magistrate court with petition under section 156(3) Cr. P. C. seeking direction to the concerned police to initiate action in this regard

T Kalaiselvan
Advocate, Vellore
87691 Answers
2354 Consultations

If you have evidence with you and can prove in the court than you can file case against your brother for suspicious death of your father and you have doubts on your brother or siblings who so ever are involved in it. 

 

If court feels that there should be investigation performed by Police than court my order accordingly for further investigation.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

- As per law, the limitation to file a complaint is 3 years from the date of offence of a serious nature .

- Since, the police has refused to lodge an FIR , then firstly you should approach the Higher police official after giving a written complaint 

- Further, if no positive response, then you can file a complaint before the judicial magistrate under section 200 read with section 156(3) of CRPC 

Mohammed Shahzad
Advocate, Delhi
14758 Answers
224 Consultations

Dear sir/Madam, 

You are suggested to approach the local court with an application under section 156(3) of Cr PC for registering the case and investigation. Then the court will ask action taken report and the case will,be registered. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

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