Balwinder Singh v. State of Punjab
In the High Court of Punjab and Haryana
Cr. Misc. M-15954/2016
Before Justice Daya Chaudhary
Decided on May 13, 2016

Relevancy of the case: Bail application for an offence involving the capture of objectionable photos and blackmailing

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Indian Penal Code, 1860 (Section 354A, 354C, 354D, 376, 384, 506, 511)
• The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• The accused had allegedly taken certain objectionable photographs of the victim.
• Then, he started to blackmail and harass the victim. He also demanded money from her.

Prominent Arguments by the Advocates

• The petitioner’s argued that no allegation of rape was levelled in the complaint and Section 376 of the Indian Penal Code, 1860 was added to make the offence more serious. Report of the Chemical Examiner was not received and nothing could be said as to the evidence collected by the Investigating Agency. Further, the accused was in custody for about three months.

Opinion of the Bench

• Neither the Chemical Examiner’s report nor the doctor’s opinion was received. Also, there was no mention as to whether the rape was committed or not. The date and time as to when the victim was threatened and how much money was demanded were also not clear.

Final Decision

• Petition allowed.
• Bail granted, subject to conditions.

This case summary has been prepared by Ria Verma, an undergraduate student at Symbiosis Law School, Noida, during her internship with The Cyber Blog India in January/February 2021.