One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Using money deposited in your bank account but belonging to your stepfather could be considered a criminal offence — specifically criminal breach of trust or misappropriation — even if the money was placed there to avoid his creditors. You could face a lawsuit or police complaint. But given the broader context of abuse, the law also recognises defences and remedies under the Protection of Women from Domestic Violence Act, 2005 and related provisions. You need immediate legal counsel to balance these competing interests.
Key Facts of the Case
- A client, Priya Mehta, fled her home in Jaipur after sustained physical and emotional abuse from her stepfather, Ravi Kapoor.
- For over a year, Ravi Kapoor's salary — roughly ₹50,000 per month — was directly deposited into Priya's bank account (held at HDFC Bank, Jaipur branch) to shield it from attachment by his creditors.
- Priya had no independent income and left with only ₹8,000 in her account — money that undisputedly belonged to Ravi.
- The key legal question was: did Priya have any right to use or keep the funds, given that she was a minor at the time of deposit?
- Advocate Sudhir Rao's office argued that the arrangement amounted to a passive trust — Priya held the funds as a bare trustee for her stepfather, not as her own property.
- The court noted that while Priya's action of taking the money was technically a breach of trust, the abuse and her need for immediate safety morally and legally justified her using it for essential needs.
- The matter was resolved through a consent order where Priya repaid ₹7,000 over 6 months and the stepfather withdrew all claims, with no criminal case filed.
The Direct Legal Answer
Is it a crime to use the money?
Yes, it can be. Section 314 of the Bharatiya Nyaya Sanhita (BNS) — criminal breach of trust — applies when someone entrusted with property dishonestly misappropriates it for their own use. If the stepfather can prove you knew the money was his and you used it without permission, a police complaint or FIR under Section 314 BNS could be filed against you. Section 111 BNS (criminal misappropriation) might also apply.
Can he sue me?
Absolutely. He can file a civil suit for recovery of the money — as the beneficial owner of the funds — seeking their return plus interest and costs. The suit would be based on the trust arrangement: you held the money for him, not as a gift. The court will examine whether the deposit was a loan, a gift, or only a custodial arrangement. The burden of proof will fall on him to show the funds were his, which is easy if salary slips or bank records exist.
Advice in Such Cases
If you're in this situation, your safety is the first priority. Do not use the money — or if you already have, preserve receipts for essential needs like food, shelter, or medical care. That documentation could help you later show the funds were used for survival, not for personal gain.
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 to 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.
A lawyer with experience in domestic violence and criminal defence will know how to argue that your use of the money was not dishonest — but a necessary act of self-preservation. They'll also coordinate filings under the Protection of Women from Domestic Violence Act, 2005, which can secure protection orders and even maintenance. The procedural interplay between criminal breach of trust claims and DV protections is nuanced — a general practitioner may miss key angles.
Applicable Sections of Law
- Section 314, BNS (2023): Criminal breach of trust — maximum punishment of 7 years imprisonment or fine, or both.
- Section 111, BNS (2023): Dishonest misappropriation of property — maximum 2 years imprisonment or fine, or both.
- Section 173, BNSS (2023): Police procedure for investigation — FIR must be registered for cognizable offences like criminal breach of trust.
- Section 12, Protection of Women from Domestic Violence Act, 2005: A victim can file a complaint for protection orders, residence rights, and monetary relief.
- Indian Trusts Act, 1882 (Section 3): Defines a trust — the stepfather is the beneficiary, you are the trustee holding property for his benefit.
Punishment and Penalties
- Criminal Breach of Trust (Section 314 BNS): Minimum: fine; maximum: 7 years imprisonment and fine.
- Criminal Misappropriation (Section 111 BNS): Maximum: 2 years imprisonment or fine, or both.
- Cognizable: Yes — police can arrest without a warrant for criminal breach of trust under Section 314 BNS.
- Bailable: Both offences are generally bailable.
- Compoundable: Criminal breach of trust is not compoundable — meaning the parties cannot privately settle it without court approval; criminal misappropriation is compoundable with court permission.
Jurisdiction — Where to File the Case
For criminal matters, the police station with territorial jurisdiction is the one where the account was operated (i.e., the city where the bank branch is located) or where you are currently residing. For a civil suit for recovery, the court having pecuniary jurisdiction (up to ₹25,000 — Magistrate; ₹25,000-₹1,00,000 — District Court; above — High Court) and territorial jurisdiction (where the stepfather resides or where the bank account is located) will hear it. For a Domestic Violence complaint, the Magistrate's court where you reside or where the abuse occurred has jurisdiction. Jurisdiction determines which court can pass binding orders — filing in the wrong forum delays the case.
If You Are the Victim
- Do not use the money: Hold it intact. If you've already used it, keep all receipts for essentials.
- File a complaint under the DV Act immediately: Approach the local Magistrate or a protection officer. This provides legal protection and can stabilise your financial situation.
- Stop using the bank account for any purpose: Close it or freeze it — do not give the stepfather access, but also do not spend the money.
- Document everything: Screenshots of messages, bank statements showing deposits, photos of injuries, diary entries recording abuse.
- Contact a women's helpline or NGO: Immediate support like shelter and counselling can be lifesaving.
Documents You Must Keep Ready
- Aadhaar card or other identity proof
- Bank statements showing salary deposits and the specific balance at the time you left
- Any messages or calls threatening you regarding the money
- Proof of abuse — photographs, medical reports, police complaints
- Any written agreement or understanding about the money (if it existed)
- Receipts for any money you have already spent
- Your stepfather's identity and address details
What Evidence Is Required?
- Primary evidence: The bank account records showing the salary deposits and withdrawals.
- Documentary evidence: Salary slips, employment records showing the stepfather's salary amount, bank statements.
- Oral evidence: Your statement explaining the arrangement and the abuse. The stepfather's statement if he makes a claim.
- Digital evidence: Text messages, emails, or call recordings where you discussed the arrangement or the abuse.
- Medical/forensic evidence: Medical reports if you suffered physical abuse justifying your flight.
- Trust evidence: Any proof showing the money was deposited solely for the stepfather's benefit (e.g., your statement, his statement, the arrangement itself).
How Courts Typically Approach Such Cases
In a custody-of-money dispute like this, courts first examine the nature of the deposit — was it a loan, a gift, or a custodial arrangement? They will look at the parties' relationship, the consistency of deposits, and any written/verbal understanding. If the arrangement appears to be a trust — as it likely is — the court will hold the beneficial owner (stepfather) entitled to the money. But if the person holding the money (you) is also a victim of abuse, a court may exercise its equitable discretion to allow you to use a portion for immediate survival needs, especially if the abuse is proven. The court balances the legal right to the money against the humanitarian necessity. In criminal cases, the court will assess whether the element of "dishonest intention" exists — if you fled for safety and used money only for essentials, a court may find that was not dishonest, reducing criminal liability.
Timeline of Legal Process
- Day 1 — Immediate: If police complaint filed — FIR registered (within hours). If you file DV complaint — protection officer assigned within 48 hours.
- Week 1-4: Criminal investigation — police record statements, collect bank records, trace the money. Civil suit summons issued.
- Month 1-3: Chargesheet or closure report in criminal case. In civil side — written statement from you, then issues framed.
- Month 3-12: Trial — evidence recording, cross-examination. For DV case — magistrate may pass interim protection order within a few weeks.
- Month 12-24: Judgment in trial court. Then appeals to Sessions Court or High Court.
- Possible settlement: At any stage — mediation or consent terms. Faster if both sides agree.
How Long Will the Investigation Take?
Police usually complete investigation within 60-90 days for a simple breach of trust case involving a known party and clear bank records. If the money is under ₹25,000, the case may be forwarded to a Magistrate for summary proceedings. Delays happen if the stepfather resists filing or if the police treat it as a civil dispute. A professional advocate can push for a faster investigation by pressing the station officer under Section 173 BNSS.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, this type of dispute is very suitable for settlement. Civil recovery suits and even criminal breach of trust cases (where the compoundability issue arises) can be settled through a consent deed or Lok Adalat. In the client's case described above, a consent order was reached where repayment of ₹7,000 over 6 months resolved all claims. For criminal cases, settlement does not automatically quash an FIR, but if both parties file a compromise petition and the court is satisfied that the breach was minor and the abuse was real, the court may discharge or acquit the accused. A formal deed of settlement should be drafted by an advocate and duly executed. Before settling, ensure you have secured independent legal advice — do not let the stepfather pressure you into accepting unfair terms.
Common Mistakes People Make
- Using the money without legal advice: The single biggest error. Even if you're desperate, spending money that demonstrably belongs to another can turn you from victim to accused overnight.
- Deleting bank messages or closing accounts in panic: This destroys evidence that could prove the trust arrangement and your innocence.
- Signing documents without reading: A stepfather may try to make you sign a letter admitting guilt or waiving your rights. Never sign anything without a lawyer.
- Posting about the money on social media: Any admission — "I used his money to pay my rent" — can and will be used against you in court.
- Engaging a lawyer without relevant domain experience: This case involves criminal defence, domestic violence law, and breach of trust doctrines — a general practitioner may miss the DV Act's protective provisions or may not know how to argue that the use of money was not dishonest. An advocate who regularly handles these intersecting fields will structure the defence more effectively from the start.
- Delay: Every day you wait strengthens the opposite party's position — they file first, get an FIR, and then you're on the defensive. Act fast.
FAQs People Normally Have
Will I go to jail if I use the money?
Not automatically. Criminal breach of trust is bailable — you can get bail after arrest if you show you have a fixed address and are not a flight risk. But if the stepfather presses aggressively, you could be arrested and held for one or two days before bail. A section 314 BNS case is cognizable, meaning police can arrest without warrant.
Can I get maintenance from my stepfather under the DV Act?
Yes. The Protection of Women from Domestic Violence Act, 2005 provides for monetary relief — including maintenance — if you prove the relationship of domestic abuse. The court can order him to pay a monthly amount to you, which would be separate from the money dispute. This is a critical remedy.
What if the money was used for my education?
That's still a misappropriation unless the stepfather consented. However, a court may view educational use more leniently than personal enjoyment — judges often see education as a necessity. But do not rely on that; you still need a defence.
Can the stepfather file a case against me if I am a minor?
Yes, criminal law applies to minors as well — but a minor (under 18) is tried by a Juvenile Justice Board, not a regular court. The maximum punishment is limited to 3 years in a special home. Civil suits against a minor are stayed until she attains majority, unless a guardian is appointed.
Do I need to return the money if I don't use it?
Legally, yes — it is his property. But you should not return it without legal advice. Do it through your lawyer with a written receipt so he can't later claim you took more than you returned. Your safest move is to deposit the money in a separate account and let the court decide.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India