If you are stuck in such a situation, here is what to do.

Imagine this scenario: an 18-year-old girl named Aisha has recently moved to a new city, Navipur, for her higher education. Her ex-boyfriend, Sameer, who lives in her hometown of Rajgarh, begins to harass her. He insists that she must return all the presents he gave her during their relationship, such as gadgets and clothing, or compensate him financially. He threatens to initiate legal proceedings against her if she fails to comply. Furthermore, he is pressuring her to reconcile and continue the relationship long-distance. Aisha feels trapped, intimidated, and uncertain about her legal standing in this matter.

Advice in such cases

• Understand Gift Law: In India, a gift voluntarily given and accepted without any conditions is legally considered final. The giver relinquishes all rights to the item, and it cannot be legally reclaimed.
• Document Everything: Preserve all evidence of harassment. Take screenshots of threatening messages, emails, and social media chats. Keep a log of the dates and times of all unwanted calls and interactions.
• Cease Communication: Do not get into arguments or negotiations. It is often best to send one clear, final message stating that his contact is unwelcome and any further attempts will be reported to the authorities. After that, block him on all platforms.
• Do Not Comply: Do not return any gifts or pay any money. Doing so can be misinterpreted as an admission of fault and may embolden him to make further demands.
• 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

Under Indian law, several provisions can be invoked in such a situation, primarily from the new criminal codes:

• Transfer of Property Act, 1882: Section 122 defines a ‘gift’ as the transfer of property made voluntarily and without consideration. Once the gift is accepted by the recipient, the transfer is complete and irrevocable. Sameer has no legal basis to demand the gifts back.
• Extortion (Section 327 of the Bharatiya Nyaya Sanhita, BNS 2023): If Sameer is intentionally putting Aisha in fear of injury (including the threat of frivolous legal action or harm to her reputation) to dishonestly induce her to deliver property (the gifts or money), his actions could amount to extortion.
• Criminal Intimidation (Section 351 of the Bharatiya Nyaya Sanhita, BNS 2023): Threatening someone with injury to their person, reputation, or property to cause alarm is an offence. Threatening to file a false case to harass someone can fall under this section.
• Stalking (Section 77 of the Bharatiya Nyaya Sanhita, BNS 2023): If Sameer’s attempts to contact Aisha are repeated and unwanted, causing her fear, distress, or alarm, it can be classified as stalking, especially if it occurs online (cyberstalking).

If you are the complainant

• Gather Your Evidence: Compile all screenshots, call logs, and any other proof of the threats and harassment.
• 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.
• File a Police Complaint: Go to your local police station and file a First Information Report (FIR) against the individual. Clearly state the facts and mention the harassment, threats, and demands for money/gifts. If the harassment is online, you can also file a complaint on the National Cyber Crime Reporting Portal.

If you are the victim

• Prioritize Your Safety: Inform a trusted family member or friend about the situation. Do not feel isolated.
• Set Clear Boundaries: As advised earlier, send a firm message to cease all contact. Do not engage further. Your silence is a powerful tool.
• 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.
• Stand Firm: Remember that the law is on your side regarding the gifts. His threats are likely a tactic of intimidation and control.

How the police behave in such cases

Initially, the police might perceive the issue as a “personal dispute” or a “lover’s quarrel” and may suggest a compromise. However, you have the right to file an FIR. If you present clear and compelling evidence of criminal intimidation, extortion, or stalking, they are legally obligated to register your complaint. Having a lawyer accompany you can ensure the police take the matter seriously and register the FIR under the correct sections of the BNS.

FAQs people normally have

What evidence is required?

• Digital communication like screenshots of WhatsApp chats, social media messages, or emails containing threats.
• Call recordings of threatening conversations (note: recording calls without consent has legal nuances, but can be valuable).
• A detailed log of all instances of harassment, including dates and times.
• Contact information of any witnesses who are aware of the situation or the threats.

How long will the investigation take?

The duration of a police investigation varies significantly. Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, there are efforts to expedite the criminal justice process. However, factors like the complexity of the case, the evidence provided, and the police’s workload can influence the timeline. It can range from a few weeks to several months before a chargesheet is filed in court.

Advocate Sudhir Rao, Supreme Court of India