'Sextortion' Is A Social Menace, Represents Profound Violation Of Privacy: Delhi High Court

The Delhi High Court has observed that 'sextortion' is a significant social menace which represents a profound violation of privacy.

Justice Amit Mahajan said that sextortion not only undermines individual dignity but also poses serious challenges to law enforcement due to its “clandestine and cross-jurisdictional nature.”

“Sextortion represents a profound violation of privacy and is a significant social menace. It involves the exploitation of obtained intimate images and videos to extort money or favours from victims, often leading to severe psychological trauma,” the court said.

Justice Mahajan made the observations while denying anticipatory bail to three men accused of extorting Rs. 16 lakhs from a man in a sextortion case.

The man alleged that he received a WhatsApp video call from an unknown lady who insisted for a private video call and later recorded the video call.

It was his case that he received several calls from different mobile numbers who introduced themselves as police officers or Youtube employees and extorted money from him on the pretext of removing the video from social media platforms.mHe alleged that the accused threatened him of false accusation in the murder case of the lady in the video and on the pretext of settling the matter with her family.

It was submitted on behalf of the accused persons that they had been falsely implicated based on the disclosure statements of the co-accused persons and there was nothing incriminating against them.

On the other hand, the prosecution opposed the bail pleas on the ground that the all the accused persons were active member of the organized crime syndicate being run for carrying out an organized crime of sextortion.

Dismissing the anticipatory bail pleas, the court observed that the investigation in the case unearthed multiple complaints and revealed “habitual engagement” of the accused persons in such criminal practices.

“Given the pattern of conduct and the serious implications of the offences as alleged, there is a justified concern regarding the applicants' potential influence over the evidence and the possibility of committing similar offences if not detained,” the court said.

It added that it cannot be held, at this stage, that the investigation was being carried out with the intention to injure or humiliate the accused persons.

The court said that the nature and the gravity of the allegations were serious and that specific allegations were made that the accused indulged into similar offences on earlier occasions.

“The investigation conducted thus, so far does not indicate that the applicant is sought to be falsely implicated. The material presented by the prosecution establish a prima facie involvement of the applicants. The evidences, including digital record,” the court said.

Counsel for Petitioners: Ms. Nagma Bee and Mr. Rashid Khan, Advs Mr. Altaf Hussain and Mr. Aftab Hussain, Advs

Counsel for Respondent: Mr. Amol Sinha, ASC for the State with Mr. Kshitiz Garg and Mr. Ashvini Kumar, Advs

Title: SOUKIN v. THE NCT STATE NEW DELHI and other connected matters

Citation: 2024 LiveLaw (Del) 523

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