Will I be arrested?
Some time back I was on a web cam site for fun (**********.com). i did not realise that my cam was on and exposed myself. Someone on the other side recorded it and started blackmailing me with the video they found of me. I want to know that if I file a criminal complaint against the blackmailer would I be arrested as well under sec 67 ??
Firstly, be informed that only the person who uploads abscence material will be held liable. The person in the video will also be made liable if done voluntarily. In this case, if you know the person in the other side who is blackmailing you, do proceed to file a police complaint. Even otherwise, it will be taken care by the cyber cell. This will help from future legal action against you.
You can also demand the concerned website to remove the content.
Blackmailing amounting to criminal intimidation is an offence under section 503 of the Indian Penal Code, 1860. You may file a police complaint and may also file a case under this section for injury to your person.
As far as S. 67 of the IT Act goes, any person causing publication of such material may be held liable for punishment. For avoiding this charge it is essential that you establish that it was not your intention to upload the said material, as intention or mens rea plays an important role in criminal offences and offences with no intention are often not considered as offences at all.
Researcher: Apoorwa Shankar Iyer
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