The Delhi High Court dismisses anticipatory bail application in a sextortion case. Observing Sextortion is a social menace, representing a profound violation of privacy.

The Delhi High Court has dismissed a petition under section 438 of the Cr. PC seeking anticipatory bail in a sextortion matter against which an FIR No.368/2022 dated 08.12.2022 was registered at Police Station Special Cell, Delhi for offences punishable under Sections 419/420/388/170 of the Indian Penal Code, 1860. The FIR in the present case was registered at the instance of the complainant namely, Dewan Singh Malik who alleged that on 10.10.2022, he received a WhatsApp video call from an unknown lady, who insisted for a private video call and later recorded the video call. Thereafter, the complainant received several calls from different mobile numbers who introduced themselves as police officers/Youtube employees and extorted a total amount of ₹16 Lakhs on the pretext of removing the video from Youtube, Facebook, Instagram and by threatening 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.
 
The High Court observed thus:

The accused persons in the present case have alleged to have made a woman contact the victim/complainant through video calls and messaged and got his video clip. They then threatened to make the video viral on social media. Later, the victim was conveyed that the woman who undressed in the video clip has committed suicide. The accused persons posed themselves to be police officials and forged ID Cards. During the analysis on National Cyber Reporting Portal, a total number of 10 complaints have been found, in which innocent people have been cheated by the same accused persons through the same modus operandi thereby indicating that the present case is not a one of instance.

The investigation has unearthed multiple complaints, revealing 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. 

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. This cyber-enabled crime not only undermines individual dignity but also poses serious challenges to law enforcement due to its clandestine and cross-jurisdictional nature. 

The investigation conducted thus, so far does not indicate that the applicant is sought to be falsely implicated. The material presented by the prosecution establishes a prima facie involvement of the applicants. The evidence, including digital records and communication, link the applicants to the alleged offence. 

Soukin vs. The NCT of Delhi and Ors.