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

Ms. Anjali, a 33-year-old professional from Jaipur, found herself in a deeply distressing situation after meeting a man named Vikram on an online dating app, “ConnectSphere.” During a vulnerable phase in her life, she developed a connection with Vikram. Over a period of five months, he repeatedly requested financial assistance, citing various personal crises. Trusting him and hoping for a genuine relationship, Anjali ended up transferring a total of ₹7.5 Lakhs to his bank account through digital payments.

When Anjali’s financial situation became strained and she asked for the money to be returned, Vikram’s behaviour changed drastically. He stopped answering her calls and became verbally abusive. He cruelly remarked that for a woman her age to be with someone like him, she should expect to pay. This emotional manipulation, coupled with his outright refusal to repay the loan, left Anjali in a state of financial and emotional turmoil. She had saved screenshots of their conversations where he asked for money and her digital payment transaction records as proof. This is a classic case of financial fraud disguised as a personal relationship, where the perpetrator preys on emotional vulnerability for monetary gain.

Advice in such cases

• Preserve all evidence meticulously. Do not delete any chats, call logs, or transaction records. If you have screenshots, ensure they are backed up securely.
• Cease all communication with the individual to prevent further emotional distress and manipulation. Any further contact should be through legal channels only.
• Document a timeline of events, including dates, amounts transferred, and key conversations. This will be invaluable for your legal case.
• 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

In such a scenario, the actions of the accused may fall under several provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and you also have civil remedies.

• Section 318 of the BNS, 2023 (Cheating): If it can be established that the accused had a dishonest intention from the very beginning and had no intention of returning the money, it constitutes the offence of cheating. The promise of a relationship to induce the transfer of money is a key element.
• Section 316 of the BNS, 2023 (Criminal Breach of Trust): If the money was entrusted to him for a specific purpose which he claimed, but he dishonestly misappropriated it for his own use, this section can be invoked.
• Section 326 of the BNS, 2023 (Extortion): His statements implying that she must pay for his companionship can be construed as putting her in fear of emotional or social harm to extract money, which is a form of extortion.
• Section 351 of the BNS, 2023 (Criminal Intimidation): The use of abusive and unparliamentary language to intimidate her when she asked for her money back can be prosecuted under this section.
• Civil Suit for Recovery: Alongside criminal proceedings, a civil suit for the recovery of the money can be filed in the appropriate civil court.

If you are the complainant

• Your first step should be to collate all the evidence you have, such as chat screenshots, bank statements, and transaction details.
• Draft a detailed written complaint addressed to the Senior Superintendent of Police (SSP) or the local police station having jurisdiction.
• 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.
• With the help of your lawyer, file the complaint and push for the registration of a First Information Report (FIR) under the relevant sections of the BNS.
• Your lawyer can also simultaneously file a civil recovery suit to initiate the process of getting your money back through the civil courts.

If you are the victim

• Understand that you are a victim of a calculated fraud, not just a failed relationship or a bad loan. Do not blame yourself.
• Your safety and mental well-being are paramount. Block the perpetrator on all platforms.
• 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.
• The primary step for justice is to initiate criminal proceedings. File an FIR to ensure the police investigate the criminal acts of cheating, extortion, and intimidation. This creates pressure on the accused and brings the matter into the formal legal system.

How the police behave in such cases

Initially, the police might be hesitant to register an FIR, often dismissing such cases as a “civil dispute” or a “loan between friends gone wrong.” They may advise you to go to court and file a civil case. However, it is crucial to persist and highlight the criminal elements involved – the initial deception, the dishonest intention, the extortion, and the intimidation. Having a lawyer accompany you to the police station can be highly effective. A lawyer can properly articulate the criminal offences as per the BNS and ensure that the police take the complaint seriously and register an FIR. If the local police refuse, a complaint can be made to a higher-ranking officer or a private complaint can be filed before the Magistrate under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

What evidence is required?

Strong evidence is the backbone of your case. The more you have, the better your chances of success. You will need:

• Digital payment transaction records (e.g., GPay, PhonePe, Paytm history) or bank account statements clearly showing the transfers to the accused’s account.
• Screenshots of chat conversations (from dating apps, WhatsApp, etc.) where the accused asks for money.
• Any messages or recordings where the accused admits to taking the money or refuses to return it.
• Screenshots of any abusive, threatening, or intimidating messages.
• Call detail records (CDRs) can also be used to establish contact between you and the accused.

How long will the investigation take?

The duration of a police investigation under the BNSS, 2023, can vary significantly. After an FIR is filed, the police will investigate by recording statements, collecting evidence (like bank details and chat records from service providers), and tracking down the accused. This process can take anywhere from a few weeks to several months, depending on the complexity of the case and the cooperation of various agencies. Once the police file a chargesheet, the court trial begins, which is a separate and often lengthy process. However, the pressure of a criminal investigation itself can sometimes lead the accused to seek a settlement and return the money.

Advocate Sudhir Rao, Supreme Court of India