In a Public Interest Litigation (PIL) titled as “Court on its Own Motion versus State of Jammu and Kashmir” vide judgement dated 15.10.2018, the Hon’ble Chief Justice of Jammu and Kashmir had directed the State of Jammu and Kashmir to examine the concept of “Sextortion” in the context of applicable laws and to amend the existing penal laws so that illegal acts, unwarranted demands for sexual favors and inappropriate contacts by the persons in authority are made punishable.

The said issue relating to “Sextortion” was examined by the Governor and it was found that in order to prevent misuse of authority for unwanted sexual favors, it is expedient to amend the existing penal laws so as to curb this menace and prevent and check such misuse of position by persons in authority, fiduciary relationship or by a public servant.

Accordingly, a Bill to this effect i.e. the Jammu and Kashmir Criminal Laws (Sexual Offences) (Amendment Bill), 2018, has been signed off by the State Administrative Council headed by Governor Satya Pal Malik.

Now, the State of Jammu and Kashmir has become the first State in the country to recognize Sextortion as a separate criminal offence, punishable with 3-5 years of imprisonment in addition to fine.

The Jammu and Kashmir Criminal Laws (Sexual Offences) Amendment Act, 2018 makes amendment in the State Ranbir Penal Code, Samvat, 1989, Code of Criminal Procedure, 1989 and Evidence Act.

As per the amendment Act, 2018 term “Sextortion” is any person who being in a position of authority or in a fiduciary relationship or being a public servant abuses such authority, or fiduciary relationship or misuses his official position to employ physical or nonphysical forms of coercion to extort or demand sexual favors from any woman in exchange of some benefits or other favors that such person is empowered to grant or withhold shall be guilty of offence of sextortion.

Sexual favors mean and include any kind of unwanted sexual activity ranging from sexually suggestive conduct, sexually explicit actions such as touching, exposure of private body parts to sexual intercourse including exposure over the electronic mode of communication.

The person who commits the offence of sextortion shall be punished with rigorous imprisonment for a term which shall not be less than 3 years and may extend to 5 years and with fine. 

Dr KK Aggarwal

Padma Shri Awardee

President Elect Confederation of Medical Associations in Asia and Oceania   (CMAAO)

Group Editor-in-Chief IJCP Publications

President Heart Care Foundation of India

Immediate Past National President IMA