2 Answers
Dear Client,
This case cannot be limited to a laptop dispute. Based on the facts, the laptop issue is a criminal breach of trust under Section 316 of the Bharatiya Nyaya Sanhita, because you entrusted the laptop to her for a limited purpose and she is now refusing to return it. Her threat to send your nudes to your family can attract criminal intimidation under Section 351 of the BNS. If she is using that threat to force you to something or stay silent, the police can also look at extortion under Section 308 of the BNS. If she actually ends up sharing or publishing the images, the Information Technology Act, through Section 66E, 67, 67A, will become relevant.
Your practical course of action at such a stage would be to first save every message, screenshot and proofs that the laptop is yours and that she has been blackmailing you. Under the Bharatiya Sakshya Adhiniyam, electronic records and recognised as evidence and are admissible under Section 63. You can send a written demand notice to her, through a lawyer, asking for the return of laptop before a fixed time. If she still refuses, you can consider filing a written complaint at the local police station. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, information relating to cognisable offences may be given orally or electronically. The National Cyber Crime Reporting Portal also exists for registering the online complaints. I hope this helps. If you have any further queries, please feel free to contact.
Dear Client, as per your query, In the light of the newly introduced Bharatiya Nyaya Sanhita (BNS) 2023, you have strong grounds to seek redressal even when your ex-girlfriend is based in Germany. You must immediately file a complaint for Criminal Breach of Trust under Section 316 BNS for the wrongful retention of your laptop (amounting to ₹39,000) and for Extortion under Section 308 BNS for her threat to leak your private photographs to pressure you into handing over your property. Moreover, her actions are also violative of Section 66E of the IT Act for violation of privacy and Section 351 BNS for criminal intimidation. You must immediately file an online complaint on the National Cyber Crime Reporting Portal. Recent judicial pronouncements have held that the police cannot refuse to register an FIR on the grounds that the accused is abroad or the complaint is sent by email. To prevent any leak of photographs on major platforms, pre-emptively file your complaint on StopNCII.org. In case of further queries, please do not hesitate to contact us.
Thank You.