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.
Rohan Gupta, a software professional from Pune's Baner locality, came to us in early March 2025 in a deeply distressed state. He had been in what he believed was an exclusive romantic relationship with a woman he met through a social circle in late 2024. Over approximately four months, she had repeatedly requested expensive gifts — including a Tanishq jewellery set, a Croma laptop, and several cash transfers via Paytm — collectively amounting to over Rs. 2.8 lakhs. Rohan had given these willingly, believing the relationship to be genuine and committed.
Then came the discovery. Going through mutual contacts and shared message threads, Rohan found clear, documented evidence — screenshots, call logs, and transaction records — showing that the woman was simultaneously receiving similar gifts from at least three other men, all under the same implied promise of an exclusive relationship. She had told each of them something materially similar: that they were the only person she was seeing.
Rohan had earlier approached a local general practitioner advocate in Pune who filed a routine complaint. The police were hesitant to register an FIR, citing the matter as a "personal dispute." That is when he approached Advocate Sudhir Rao. A more focussed legal strategy — grounded in the specific provisions of the Bharatiya Nyaya Sanhita dealing with dishonest inducement and fraudulent misrepresentation — was put in place. The outcome was a registered FIR and a formal investigation, with Rohan's documented evidence playing a central role in establishing the prima facie case.
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.
Preserve all evidence immediately: Don't delete messages, call logs, screenshots, or payment receipts. Back them up across multiple devices and, if possible, get a notarised printout. Evidence that disappears can't be recovered, and courts look closely at what you bring on day one.
Do not confront the other party publicly: Posting on social media, sending mass messages to the other individuals, or threatening exposure can expose you to defamation or harassment claims. Take any action only after legal advice. What feels like justice can become a counter-complaint against you if done without counsel.
Contact the other affected individuals cautiously: Speaking to others who were similarly deceived can be useful for building a joint complaint, but do this through your advocate. Direct contact without legal guidance may be construed as interference or coercion.
This type of case sits at the intersection of criminal fraud law, evidence procedure, and digital privacy. These are areas where an advocate who regularly handles such matters will spot strategic and evidentiary angles that a general practitioner simply may not catch.
Applicable Sections of Law
- Section 318 BNS (Cheating): Covers dishonest or fraudulent inducement of a person to deliver property by deceiving them. Obtaining gifts by misrepresenting the exclusivity of a relationship — when done systematically across multiple victims — falls squarely within this section.
- Section 319 BNS (Cheating by Personation): Applicable if the accused represented herself as someone she was not, or misrepresented her relationship status in a structured and repeated manner.
- Section 61 BNS (Criminal Conspiracy): If any third party assisted in the scheme of deception, this section becomes relevant.
- Section 316(2) BNS (Criminal Breach of Trust): Where trust was explicitly placed in the accused and property was transferred on the basis of that trust, this provision may also apply alongside Section 318.
Punishment and Penalties
- Section 318 BNS: Imprisonment up to seven years and fine. If cheating involves delivery of property, the punishment is enhanced.
- Section 319 BNS: Imprisonment up to three years, or fine, or both.
- Section 316(2) BNS: Imprisonment up to three years, or fine, or both.
- Nature of offence (Section 318 BNS): Cognizable, non-bailable in aggravated form (property-related cheating), and non-compoundable without court permission.
- Fine amount is at the court's discretion but is typically commensurate with the value of property obtained fraudulently.
Jurisdiction — Where to File the Case
Jurisdiction matters. For a criminal complaint under Section 318 BNS, the FIR should be filed at the police station within whose territorial jurisdiction the fraudulent acts occurred — in Rohan's case, the area in Pune where the transactions took place and where the parties primarily interacted. As held in Lalita Kumari v. Government of UP, 2014, police are obligated to register an FIR when the information discloses a cognizable offence. If the offence spans multiple cities or digital platforms, jurisdiction can also be established where the payment was received or where the misleading communication was sent. The case would be tried before the Judicial Magistrate First Class (JMFC) for Section 319 offences, and the Sessions Court for offences punishable beyond seven years.
What if Police Refuse to File FIR?
And here's the thing — police reluctance in relationship-linked fraud cases is common. Here's what you can do:
- Submit a written complaint to the Superintendent of Police (SP) under Section 173(4) BNSS, requesting direction to register the FIR.
- File a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS, attaching all documentary evidence. The Magistrate can direct investigation by police.
- Approach the High Court by way of a writ petition under Article 226 of the Constitution if the lower authorities fail to act — this is the last resort but is effective, particularly when evidence is strong.
- Ensure your complaint is in writing, signed, and timestamped, as this creates a formal record if police inaction is subsequently challenged.
Rights of the Accused
If the person you are complaining against is arrested, she holds certain constitutional and statutory rights that the investigating authority must honour:
- Right against self-incrimination under Article 20(3) of the Constitution — she cannot be compelled to be a witness against herself.
- Right to legal representation under Article 22 of the Constitution from the moment of arrest.
- Right to be produced before a Magistrate within 24 hours of arrest under Section 187 BNSS.
- Right to be informed of the grounds of arrest and to receive a copy of the FIR.
- Right to have a friend or relative informed of the arrest under Section 48 BNSS.
Bail Provisions
Section 318 BNS in its aggravated form (cheating involving property delivery) is non-bailable. The accused would need to apply for bail before the Sessions Court. Now, before you act, understand this: anticipatory bail under Section 482 BNSS is available if the accused apprehends arrest, and courts assess factors including the gravity of deception, the quantum of property obtained, and likelihood of tampering with evidence. Regular bail under Section 480 BNSS can be sought after arrest. Bail conditions typically include surrender of passport, reporting to the police station periodically, and a bar on contacting the complainant or co-victims. A well-prepared bail opposition from the complainant's advocate can significantly influence the court's view at this stage.
Quashing of FIR / Case
Make no mistake — quashing is a tool the accused may try to use. Under Section 528 BNSS, the High Court holds inherent powers to quash an FIR if it finds that no prima facie cognizable offence is made out, or if the proceedings amount to an abuse of process of law. In relationship-linked fraud cases, accused parties often argue that gifts were voluntary. This is precisely why documentary evidence showing repeated, structured misrepresentation across multiple victims is so critical. As held in State of Haryana v. Bhajan Lal, 1992, quashing is appropriate only in exceptional cases — not where there is adequate material to proceed. A strong evidentiary foundation keeps quashing petitions at bay.
If You Are the Victim
- Compile all evidence of gifts, payments, and communications systematically — chronologically is best.
- Identify and, through your advocate, connect with other individuals who may have been similarly deceived. A joint complaint strengthens the cheating narrative considerably.
- File a written complaint at the police station promptly. Delay weakens the factual timeline and can be used against you.
- Do not transfer any further money or gifts to the accused party once suspicion arises — it may complicate the narrative of your complaint.
- Avoid making any public statement — online or offline — about the accused before the case is formally initiated. As observed in Subramanian Swamy v. Union of India, 2016, defamation liability attaches regardless of truth unless specific legal defences apply.
Documents You Must Keep Ready
- Aadhaar card and PAN card of the complainant for identity verification
- Screenshots of all chat conversations showing requests for gifts and representations about the relationship
- Bank statements and Paytm / UPI transaction records evidencing the transfers
- Receipts or invoices for physical gifts (jewellery, electronics, etc.)
- Call logs or call recordings if legally obtained
- Contact details of the other individuals who were similarly deceived
- Any photographs, emails, or social media exchanges that corroborate the misrepresentation
- A detailed written chronology of events prepared with your advocate
What Evidence Is Required?
- Primary evidence: Original digital messages, UPI payment confirmations, and bank records — these directly establish transfer of property.
- Primary evidence: Screenshots of conversations where the accused explicitly or implicitly represented the relationship as exclusive or committed.
- Secondary evidence: Testimonies from the other individuals who received similar representations and gave similar gifts.
- Secondary evidence: Witness statements from mutual friends or contacts who can confirm what the accused told different parties.
- Forensic extraction of deleted messages (if needed) through a cyber forensic expert, which can be directed by the investigating officer.
- Certified copies of bank and payment records — raw screenshots should be authenticated wherever possible.
- Any audio or video recordings, provided they were obtained in a manner that does not violate privacy laws under the current framework.
How the Police Behave in Such Cases
Frankly, relationship-linked fraud cases face an uphill battle at the police station. Officers frequently treat them as "personal matters" and show reluctance to register FIRs, particularly when no physical violence is involved. But this position is legally unsustainable where a cognizable offence under Section 318 BNS is disclosed — Lalita Kumari v. Government of UP, 2014 makes mandatory registration unambiguous. Investigators may also try to mediate between the parties. Your advocate must firmly communicate that mediation is not a substitute for investigation in cases involving systematic property fraud. Persistence, documentation, and the presence of legal counsel at the police station make a visible difference.
Timeline of Legal Process
- Filing of FIR: Day 1 to 7 (if refused initially, allow 2-4 weeks through SP or Magistrate route)
- Police investigation: 60 to 90 days — statements recorded, evidence collected, accused examined
- Chargesheet filed: Within 60 days of arrest under Section 193 BNSS, extendable to 90 days
- Cognizance by Magistrate: 2 to 4 weeks after chargesheet
- Framing of charges: 1 to 3 months after cognizance
- Trial (examination of witnesses, cross-examination): 12 to 36 months depending on number of witnesses and court docket
- Judgment: Typically 2 to 4 years from FIR in district courts
- Appeal (Sessions / High Court): Additional 1 to 3 years if contested
How Long Will the Investigation Take?
In cheating cases under Section 318 BNS, police are required to file a chargesheet within 60 days of arrest (extendable to 90 days under Section 193 BNSS). Practically speaking, investigations in relationship fraud matters — especially those involving digital evidence from multiple complainants spread across different cities — can take 3 to 6 months before the chargesheet is filed. Active follow-up by your advocate with the investigating officer accelerates the process meaningfully.
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.
Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.