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

Mr. Sameer Kumar, a young professional from Vikaspuri, was in a committed relationship with Ms. Anjali Verma for over three years. He was deeply invested in the relationship, both emotionally and financially, having spent a significant amount on gifts and shared experiences. Recently, his world was turned upside down when he discovered that Ms. Verma had been unfaithful for the past year with a mutual acquaintance. Heartbroken, Mr. Kumar decided to end the relationship.

The situation escalated when he requested the return of a personal loan of approximately 25,000 rupees he had given her just a month prior. Instead of agreeing to repay the amount, Ms. Verma completely cut off communication and threatened to file false criminal cases against him, including allegations of harassment, if he persisted in contacting her for the money. This left Mr. Kumar in a state of distress, fearing for his reputation and future while also feeling wronged.

Advice in such cases

Navigating the end of a relationship is difficult, and threats of false legal action can make it terrifying. Here is some practical advice:

• Stay Calm and Do Not Escalate: Your first instinct might be to react angrily, but it’s crucial to remain calm. Do not engage in arguments or send threatening messages, as these can be used against you.
• Cease All Communication: Stop all direct communication with the other person. If you must communicate, ensure it is documented (e.g., via text or email) and keep it polite and to the point.
• Preserve All Evidence: Gather and securely save all communications you have had with the person. This includes text messages, emails, call logs, social media chats, and any recordings where she made the threats. Also, collect any evidence related to the money you lent, such as bank transfer details or witness accounts.
• Inform a Trusted Person: Confide in a trusted family member or friend. Having someone who knows the situation can provide emotional support and can also act as a witness to the timeline of events if needed.
• Anticipatory Bail: If you have a genuine fear that a false, non-bailable offence might be filed against you, you can approach the court for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• Consult with Lawyer: 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 key. The laws under the Bharatiya Nyaya Sanhita (BNS), 2023, are pertinent here:

• Section 351 of BNS (Criminal Intimidation): If someone threatens you with injury to your person, reputation, or property to cause alarm, they are committing criminal intimidation. The threat to file a false case falls squarely under this section.
• Section 326 of BNS (Extortion): The threat to file a false case to prevent you from legally demanding your money back can be construed as extortion. It involves intentionally putting a person in fear of injury to dishonestly induce them to deliver any property or valuable security.
• Section 246 of BNS (False charge of offence made with intent to injure): If a person files a false criminal proceeding against you with malicious intent, they can be prosecuted under this section.
• Civil Suit for Recovery: For the money you lent, you can file a civil suit for recovery. Your bank statements and any communication acknowledging the loan will be crucial evidence. Note that gifts given during a relationship are generally not recoverable.

If you are the complainant

If you are in Mr. Kumar’s position and want to take action against the threats and recover your money:

• Gather Your Proof: Systematically organize all evidence of the loan (bank statements, UPI receipts) and the threats (screenshots of messages, call recordings).
• Send a Legal Notice: Through a lawyer, you can send a formal legal notice for the recovery of the loan amount. This shows your intent to resolve the matter legally and creates a paper trail.
• File a Police Complaint: You can file a complaint with the police regarding the threats of criminal intimidation and extortion. Provide them with all the evidence you have collected.
• File a Civil Suit: If the legal notice does not result in repayment, your lawyer can file a summary suit or a regular civil suit for the recovery of the money in the appropriate court.
• Consult with Lawyer: 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 your ex-partner follows through on the threat and files a false case against you:

• Do Not Panic: A complaint is not a conviction. The burden of proof is on the person making the allegation.
• Cooperate with the Investigation: Cooperate fully with the police. Provide them with your side of the story and all the exonerating evidence you have, including proof of the threats she made.
• Seek Anticipatory Bail: If the FIR is for a serious, non-bailable offence, immediately apply for anticipatory bail with the help of your lawyer.
• Quashing of FIR: You can file a petition in the High Court under Section 482 of the BNSS to quash the false FIR. This is possible if the FIR, on its face, appears to be malicious, absurd, or an abuse of the process of law.
• File a Counter-Case: Once you are exonerated, you can initiate legal proceedings against her for malicious prosecution and for filing a false charge under Section 246 of the BNS.
• Consult with Lawyer: 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

The police are generally cautious when dealing with cases arising from failed relationships. They are aware that emotions run high and allegations can be used as tools for vengeance. Typically, upon receiving such a complaint, they will conduct a preliminary inquiry. They will summon both parties to hear their sides of the story and review the evidence presented. They are less likely to make an immediate arrest based on a verbal allegation, especially if the accused can present credible evidence of a prior relationship dispute and threats. However, their approach can vary, and having a lawyer to represent you from the outset is always advisable.

FAQs people normally have

Can I get back the money I spent on gifts and trips during the relationship?
No. Money and items given as gifts during a relationship are considered voluntary and cannot be legally recovered. However, a specific amount given as a loan with an expectation of repayment is legally recoverable.

What if she files a false rape case (Section 63/64 BNS)?
This is a very serious allegation. It is crucial to immediately engage a lawyer and apply for anticipatory bail. Preserve all evidence of your consensual relationship, such as old messages, photos, and testimonies from mutual friends, which can help prove that any physical intimacy was consensual and that the allegation is a malicious afterthought.

Will this affect my job or future prospects?
An allegation or an FIR can cause distress, but it is not a conviction. As long as you handle the situation legally and are eventually exonerated, it should not have a long-term impact. Being proactive and legally prepared is the best way to protect your reputation.

What evidence is required?

Evidence is the cornerstone of any legal case. In a situation like this, the following are vital:

• Digital Communication: Screenshots of text messages, WhatsApp chats, emails, and social media DMs where the loan was discussed or where threats were made.
• Financial Records: Bank statements, UPI transaction histories, or any other proof showing the transfer of money to her account.
• Call Recordings: If legally permissible in your jurisdiction and obtained without violating privacy laws, recordings of phone calls where threats were made can be powerful evidence.
• Witness Testimony: Statements from mutual friends or family who were aware of the loan or the subsequent threats can support your case.
• Evidence of the Relationship: Photos, videos, and messages showing the nature of your past relationship can help establish context and counter false claims.

How long will the investigation take?

The duration of a police investigation and any subsequent court proceedings can vary significantly. A preliminary police inquiry might be resolved within a few weeks. However, if an FIR is filed and the matter goes to court, it can take several months to years to reach a final verdict. The timeline depends on factors like the complexity of the case, the backlog of the police and courts, the evidence available, and the cooperation of all parties involved. A skilled lawyer can help expedite the process wherever possible by ensuring all legal procedures are followed efficiently.

Advocate Sudhir Rao, Supreme Court of India