Forged Power of Attorney Used to Steal Belongings and Security Deposit — What You Can Do

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.

A young woman from Singapore, Priya Nambiar, had been renting a flat in Pune's Viman Nagar locality for nearly two years. In early March 2025, she had to leave India urgently due to a visa complication and returned to Singapore, expecting to be back within a few weeks. Before leaving, she handed over the flat keys to someone she trusted completely, a friend named Karan Bhatia, and had begun drafting a Power of Attorney document authorising him to look after her belongings. The document was never signed by her in person before she departed.

Karan, aware that Priya wouldn't return for several months, forged her signature on the Power of Attorney and used it to vacate the entire apartment. Household goods, electronics, and personal effects worth approximately Rs. 16 to 18 lakhs were removed. He also presented the forged document to the landlord and collected the full security deposit on her behalf. On 2nd April 2025, Priya asked him to hand over the keys to her contact in Pune. He agreed. Then, on 9th April 2025, he texted her out of nowhere saying he had already vacated the flat and that her belongings were with him. When she pressed him for details, he blocked her on all platforms and told her to do whatever she wished.

Priya's Pune contact, Meera Joshi, reached out to a general advocate first. That effort didn't progress meaningfully, partly because the advocate was unfamiliar with the procedural specifics of fraud matters involving forged documents, cross-border Power of Attorney execution, and preservation of digital evidence. Meera then approached Advocate Sudhir Rao. With the chat records, the landlord's timestamped video, the signed acknowledgment Karan had given before vacating, and his Aadhaar, PAN, and bank details in hand, the matter was handled with a structured strategy. An FIR was registered, and targeted legal steps were initiated to recover the assets and the deposit amount. The case moved significantly faster once the correct procedural approach was applied.

Advice in Such Cases

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.

Secure all evidence immediately. Before anything else, save every WhatsApp message, email, and call record. Download chat backups, screenshot acknowledgment documents, and preserve the landlord's timestamped video in multiple locations. Evidence lost early can't be recovered later — that's just the hard truth of these cases.

Get the Power of Attorney executed correctly: If you're abroad, an Indian Embassy or Consulate can attest a Power of Attorney allowing a trusted representative in India to file complaints and pursue proceedings. Don't delay this step. It's the legal foundation for everything else.

Domain experience matters here. Cases involving forged documents, overseas complainants, and movable property recovery sit at the intersection of criminal fraud law, civil restitution, and document law. An advocate who regularly handles such matters will know which agency to approach first, how to preserve digital evidence under the Bharatiya Sakshya Adhiniyam, 2023, and how to move for interim recovery. A general practitioner may not be fully familiar with these procedural nuances. Frankly, picking the wrong lawyer at the start costs you weeks you can't afford to lose.

Applicable Sections of Law

This is a mixed matter, with the criminal dimension being dominant. The following sections of the Bharatiya Nyaya Sanhita, 2023 (BNS) are directly applicable:

• Section 318 BNS — Cheating: Karan induced the landlord to hand over the deposit by deceit using a forged document.
• Section 336 BNS — Forgery: The act of fabricating Priya's signature on the Power of Attorney is punishable forgery.
• Section 338 BNS — Using a forged document as genuine: Presenting the forged Power of Attorney to the landlord attracts this provision specifically.
• Section 303 BNS — Theft: Removing Priya's belongings without her consent, under a fabricated authority, amounts to theft of movable property.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs the procedural aspects, including FIR registration, investigation timelines, and remand proceedings. And here's the thing — these aren't obscure provisions. They're squarely applicable, and any attempt to frame this as a civil dispute misreads the facts entirely.

Punishment and Penalties

• Section 318 BNS (Cheating): Imprisonment up to 3 years, or fine, or both. Where cheating involves delivery of property, punishment may extend to 7 years with fine.
• Section 336 BNS (Forgery): Imprisonment up to 2 years, or fine, or both.
• Section 338 BNS (Using forged document): Punishment equivalent to forgery — up to 2 years, fine, or both.
• Section 303 BNS (Theft): Imprisonment up to 3 years, or fine, or both.
• Nature: Cheating (Section 318) and Theft (Section 303) are cognizable and non-bailable offences. FIR can be registered directly.
• Compoundable status: Cheating is compoundable with the court's permission; forgery offences are generally non-compoundable.

Jurisdiction — Where to File the Case

Simple enough. The FIR should be filed at the police station having territorial jurisdiction over Viman Nagar, Pune, which is where the apartment was located, where the forged document was used, and where the security deposit was collected. That's where the offence was completed and where the cause of action arose.

For the criminal complaint, the Judicial Magistrate First Class (JMFC) in Pune will take cognizance. If the police refuse to register the FIR, a private complaint can be filed before the same Magistrate. Getting jurisdiction right from the beginning prevents delays and ensures the court has full authority over the accused and the evidence located in that area.

What if Police Refuse to File FIR?

Make no mistake, police reluctance in fraud matters involving absentee complainants is not uncommon. But the law provides clear remedies:

• Step 1: Submit a written complaint to the Superintendent of Police (SP), Pune, under Section 173(4) BNSS, requesting direction to register the FIR. This must be done in writing with acknowledgment.
• Step 2: File a private complaint before the Judicial Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
• Step 3: Approach the Bombay High Court by filing a writ petition under Article 226 of the Constitution seeking a direction to register the FIR. Courts have consistently ordered registration in cases like this — see Lalita Kumari v. Government of UP, 2014, where the Supreme Court held that FIR registration is mandatory for cognizable offences.
• Step 4: File a complaint with the Commissioner of Police's grievance cell, especially useful where the accused has identifiable documents like Aadhaar and PAN.

Rights of the Accused

Even in serious fraud matters, the accused retains constitutional and statutory rights. These must be respected throughout the process:

• Right against self-incrimination: Under Article 20(3) of the Constitution, no person can be compelled to be a witness against themselves.
• Right to legal representation: Article 22 guarantees the right to consult and be defended by a legal practitioner of one's choice at the time of arrest.
• Production before Magistrate: The accused must be produced before a Magistrate within 24 hours of arrest under Section 58 BNSS.
• Right to copy of FIR: The accused is entitled to a copy of the FIR and must be informed of the grounds of arrest clearly.
• Right to fair trial: Evidence must be tested through cross-examination; no conviction can occur on untested material alone.

Bail Provisions

Cheating involving significant property value and forgery are non-bailable offences under the BNS. This means the accused can't claim bail as a right from the police. However:

• Anticipatory bail: If the accused apprehends arrest, he may apply under Section 482 BNSS before the Sessions Court or High Court. Courts typically impose stringent conditions — surrender of passport, no contact with the complainant, and presence at the police station on given dates.
• Regular bail: After arrest, bail may be sought under Section 480 or Section 483 BNSS before the Magistrate or Sessions Court, depending on the stage of proceedings.
• Bail strategy: Given that the accused has identifiable documents and a known location, opposing bail on grounds of flight risk and tampering with evidence is a viable approach for the complainant's advocate.

Quashing of FIR / Case

And here's the thing — once an FIR is registered for cognizable non-bailable offences like forgery and cheating with significant property loss, quashing becomes difficult. The accused may approach the Bombay High Court under Section 528 BNSS seeking quashing on grounds that no prima facie offence is made out or that the proceedings are an abuse of process.

In this matter, quashing is unlikely to succeed given the documentary trail — the forged Power of Attorney, the landlord's video, the chat records, and the signed acknowledgment. As held in State of Haryana v. Bhajan Lal, 1992, quashing is appropriate only in the rarest cases where the complaint is absurd on its face. This case does not meet that threshold.

If You Are the Victim

• Act quickly: The longer you wait, the more opportunity the accused has to dissipate assets, destroy evidence, or relocate. Time is a critical factor in recovery cases.
• Get the Power of Attorney attested abroad: If you're outside India, visit the nearest Indian Embassy or Consulate to get a Power of Attorney attested so your representative can file complaints and attend hearings on your behalf.
• File the FIR with full documentary support: Attach all chat screenshots, the acknowledgment document, the landlord's video, and copies of the accused's Aadhaar and PAN to the FIR complaint to avoid unnecessary back-and-forth.
• Inform the bank: If you have the accused's bank account details and can show the deposit was fraudulently collected into that account, a complaint to the bank's nodal officer can alert them to a potential fraud transaction.
• Don't engage the accused directly: Once legal steps are initiated, all communication should flow through your advocate. Direct contact can complicate the case.

Documents You Must Keep Ready

• Your identity proof — Aadhaar, PAN, or passport
• The rental agreement for the flat
• The (forged) Power of Attorney document, if obtainable, or any copies you have
• WhatsApp and other chat records showing the accused's agreement and subsequent communication
• The landlord's timestamped video recording of the vacating
• The signed acknowledgment document the accused executed before collecting the deposit
• Bank statements or receipts showing the original deposit payment
• The accused's Aadhaar, PAN, passport number, and any bank account details available

What Evidence Is Required?

• The forged Power of Attorney: Primary document establishing the offence of forgery — handwriting expert analysis may be sought to compare the forged signature with the actual.
• Chat records (WhatsApp/email): Show the accused's prior agreement, subsequent denial, and confirmation of vacating — admissible as electronic records under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
• Landlord's timestamped video: Corroborating evidence of physical vacating and removal of goods.
• Signed acknowledgment document: Direct evidence that the accused collected the deposit and goods under a specific arrangement.
• Valuation of belongings: A rough inventory with market value estimates to establish the quantum of loss for the chargesheet and any civil claim.
• Bank records: If the deposit was deposited into the accused's account, bank statements serve as secondary evidence of the financial fraud.
• Witness testimony: The landlord's statement is particularly valuable as an independent eyewitness.

How the Police Behave in Such Cases

Now, before you call your advocate, understand what typically happens at the police station. In fraud cases involving absentee complainants — especially those abroad — the police sometimes treat the matter as a civil dispute and are reluctant to register an FIR. They may ask for the original complainant to appear in person. This is where having a validly executed Power of Attorney and a local representative backed by proper documentation changes everything. Once the documentary record is solid and a competent advocate walks in with it, the calculus at the police station shifts. The officers know the matter will end up before a Magistrate if they don't act, and that prospect tends to focus attention. That