A heated argument following a breakup can quickly escalate into a serious legal situation. Consider the case of Mr. Arjun, who found himself in a difficult spot after an altercation with his ex-girlfriend, Ms. Priya. During their dispute, which involved mutual verbal abuse, Arjun threatened to reveal details of their relationship to Priya’s mother. Seizing the opportunity, Priya took screenshots of the conversation and approached the local police station in the city of Rampur, alleging blackmail.

The situation took a turn for the worse when the police summoned Arjun’s father, Mr. Sharma. Despite no First Information Report (FIR) being filed, the police allegedly pressured Mr. Sharma and extorted a sum of ₹50,000 from him to “settle” the matter. Arjun insisted on hiring a lawyer, but his father, perhaps intimidated or misinformed, refused and paid the amount. This left Arjun feeling helpless, as his side of the story was never formally heard, and the alleged extortion by the police went unchallenged.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act calmly and strategically. Panicking or acting impulsively can worsen your position.

• Remain Calm: Do not get into further arguments or make any admissions under pressure.
• Preserve Evidence: Save all conversations, messages, emails, and call logs. This evidence is vital to present your side of the story accurately.
• Do Not Pay Money: Never pay money to the police or the other party without a formal, documented legal process. Paying money “off the record” can be construed as an admission of guilt and is illegal.
• Avoid Direct Contact: Cease all communication with the complainant to avoid further allegations or misunderstandings. Let your lawyer handle all future interactions.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Understanding the relevant legal provisions is essential. Under the new Indian laws:

• Section 326 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with extortion. If a person intentionally puts another in fear of any injury to themselves or another, and thereby dishonestly induces them to deliver any property, it constitutes extortion. A threat to harm someone’s reputation can fall under this section.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section covers criminal intimidation. Threatening someone with injury to their person, reputation, or property can be considered a criminal offense.
• Prevention of Corruption Act, 1988: If a police officer or any public servant demands a bribe or extorts money, they can be prosecuted under this Act. This is a very serious offense.

If you are the complainant

If you are the one making the complaint (like Ms. Priya):

• Provide a Written Complaint: Submit a detailed written complaint to the police, which can form the basis of an FIR.
• Submit All Evidence: Provide the police with all relevant evidence, such as screenshots, recordings, or witness details, to support your allegations.
• Follow Up: Stay in touch with the investigating officer to know the status of your complaint.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the one being accused (like Mr. Arjun):

• State Your Facts Clearly: When called by the police, calmly and clearly state the facts from your perspective. Do not be intimidated.
• Present Your Evidence: Show the police any evidence you have that provides context, such as messages showing mutual arguments or provocation.
• Never Admit Guilt Under Pressure: Police may use pressure tactics. Do not admit to something you did not do. You have the right to remain silent.
• Complaint Against Police Misconduct: If police officers demand money or harass you, you can file a complaint against them with a senior police official (like the Superintendent of Police) or the Anti-Corruption Bureau.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In disputes arising from personal relationships, police often act as informal mediators. They might summon both parties to the station to facilitate a compromise, aiming to resolve the matter without filing an FIR. While this can be helpful, it can also be misused. As seen in Arjun’s case, some officers might exploit the situation for personal gain. It is common for police to hear both sides before deciding whether the complaint discloses a cognizable offense that warrants an FIR.

FAQs people normally have

Can police take action without an FIR?
Police can conduct a preliminary inquiry based on a complaint to determine if a cognizable offense has been committed. However, they cannot conduct a full investigation, make arrests (unless the situation demands it), or demand money without registering an FIR.

What if the police demand money to “settle” the case?
This is illegal and amounts to extortion or bribery. Do not pay. Instead, report the incident to a higher-ranking officer or the Anti-Corruption Bureau. Any legitimate fine or penalty will be accompanied by official receipts and paperwork.

What if the complaint against me is false?
If a false complaint is filed, you can present your evidence to the police to prove your innocence. If a false FIR is registered, you can approach the High Court to have it quashed. After being proven innocent, you may also have the option to file a case for malicious prosecution or defamation against the complainant.

What evidence is required?

Evidence is key in such cases. This includes:

• Digital Communications: Screenshots of chats, text messages, emails, and social media conversations are crucial. Ensure the full context is visible.
• Call Recordings: If legally obtained, call recordings can be powerful evidence.
• Witnesses: Testimony from any person who witnessed the threats or has knowledge of the relationship dynamics can be helpful.
• Proof of Extortion: In cases of police extortion, any recording of the demand, bank transfer details, or witness to the payment can be used to file a complaint against the officer.

How long will the investigation take?

The duration of an investigation varies. A preliminary inquiry on a complaint may be completed within a few days. If an FIR is registered, the police are required by the Bharatiya Nagarik Suraksha Sanhita (BNSS) to complete the investigation and file a final report (charge sheet) in court, typically within 60 to 90 days if an arrest is made. However, without an arrest, the timeline can be longer depending on the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India