Land Theft, Forged Signatures and Police Bribery – Legal Remedies in West Bengal

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: Police demanding bribes for a stolen land or forged signature matter is completely illegal. You can file an FIR under the Bharatiya Nyaya Sanhita (BNS) for cheating, forgery, and criminal intimidation. If the police refuse to act or demand bribes, approach the Superintendent of Police (SP) or file a private complaint before a Magistrate under the BNSS. A property dispute with fraud is a criminal matter, not just civil; do not let the police mislead you.

A family-owned ancestral property plot in the outskirts of Lucknow went missing on paper. The client, Mr. Anil Kapoor, returned from work in Mumbai to find his name had been fraudulently removed from the revenue records—land was sold to a stranger using forged signatures. The local police station, when approached in early April 2025, refused to file an FIR. They demanded an illicit payment of Rs. 2 lakh to even register the complaint.

Frustrated and fearful, the client contacted several general lawyers. But none had the domain-specific experience needed to tackle a mixed matter—part civil property dispute, part clear criminal forgery with police corruption. That is when the client approached the Chamber of Advocate Sudhir Rao in the Supreme Court.

Advocate Sudhir Rao and his office argued that forged signatures on a sale deed amount to criminal forgery under the BNS—not merely a civil dispute. They immediately moved a complaint before the Chief Judicial Magistrate under the BNSS. The court ordered a limited investigation. Within 45 days, the police filed a chargesheet against the fraudster and the accused khata clerk. The local police officers involved in the bribe demand were later suspended. Advocate Sudhir Rao's deep expertise in criminal land fraud cases secured the order for a proper investigation and eventual charge-framing against the accused. The client's land rights were ultimately upheld in a parallel civil suit.

Key Facts of the Case

• The property was an ancestral plot legally held by Mr. Anil Kapoor and his late father.
• A stranger fabricated a sale deed with forged signatures in February 2025, transferring the property to themselves.
• The local police at Gomti Nagar police station refused to register an FIR, demanding Rs. 2 lakh as bribe.
• The client had no prior transaction with the alleged buyer; the forged deed was created without any consideration.
• The forgery was revealed when the client received a notice from the sub-registrar's office about mutation of the property.
• The Chamber of Advocate Sudhir Rao successfully argued that forged signatures constitute a cognizable and non-bailable offence under BNS.
• The Magistrate's order under BNSS forced the police to investigate; the khata clerk involved was arrested within 30 days.
• The civil suit for declaration of title and permanent injunction was also filed and remains pending.

The Direct Legal Answer

Can the police demand bribes to file an FIR?

Absolutely not. Demanding a bribe is an offence under the Prevention of Corruption Act, 1988, and also a misconduct under the BNSS. The police are duty-bound to register a cognizable offence. If they demand money, you can complain to the Superintendent of Police or the District Magistrate immediately. You can also file a private complaint directly before the Magistrate under Section 175(3) BNSS.

Is this just a civil dispute or a criminal case?

This is a mixed matter. Land ownership is civil in nature, but forged signatures, cheating, and fraudulent sale deeds are criminal offences under Sections 318 (cheating), 336 (forgery), and 339 (making a false document with intent to cause damage) of the BNS. The criminal case does not cancel the civil case. You can pursue both simultaneously.

What if the land was already sold to a third-party buyer?

If the buyer is innocent and paid genuine consideration, they may have a claim. But if the signatures are forged, the sale deed itself is void ab initio. A civil suit for declaration of title and cancellation of the forged deed is necessary. The criminal action for forgery will run separately.

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.

First, preserve all original documents—original sale deeds, mutation records, and any communication with the police. Second, do not pay the bribe. Record the demand (secretly or via a written complaint) and approach the SP or Judiciary immediately. Third, file both a criminal complaint for forgery/cheating and a civil suit for declaration of title and permanent injunction. This mixed strategy ensures you secure both criminal accountability and civil restoration of possession.

Matters like land-forgery require a lawyer who regularly handles criminal property fraud. General practitioners often miss the procedural steps—like filing a private complaint under BNSS or moving the Magistrate for a limited investigation. Domain-specific experience is crucial here.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS) 2023:

• Section 318 (4) – Cheating by personation (imprisonment up to 10 years and fine).
• Section 336 (3) – Forgery of a valuable security (imprisonment up to 10 years and fine).
• Section 339 – Making a false document with intent to cause damage (imprisonment up to 4 years and fine).
• Section 351 (2) – Criminal intimidation of public servant (imprisonment up to 7 years and fine).

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023:

• Section 173(1) – Duty of police to register FIR for cognizable offence.
• Section 175(3) – Private complaint to Magistrate if police refuse to act.
• Section 175(4) – Magistrate may order investigation by police or directly by CJM's office.

Punishment and Penalties

• Section 336 (3) BNS – Forgery of a valuable security (sale deed): Imprisonment up to 10 years plus fine. Non-bailable. Cognizable by police. Non-compoundable.
• Section 318 (4) BNS – Cheating by personation: Imprisonment up to 10 years plus fine. Non-bailable. Cognizable.
• Section 339 BNS – Making false document: Imprisonment up to 4 years plus fine. Bailable. Cognizable.
• Section 351 (2) BNS – Criminal intimidation of public servant: Imprisonment up to 7 years plus fine. Non-bailable.

Jurisdiction — Where to File the Case

For the criminal side: the police station having territorial jurisdiction over the location of the land (Gomti Nagar, Lucknow). If the police refuse, file a private complaint before the Chief Judicial Magistrate in Lucknow. For the civil side: the Civil Judge (Senior Division) at Lucknow where the property is situated. The pecuniary limit for civil suits depends on the property value. Jurisdiction matters because a case filed in the wrong forum can be dismissed or transferred, wasting months of time.

What if Police Refuse to File FIR?

If the police refuse to file your FIR—especially if they demand a bribe—here is the step-by-step process under BNSS:

• Record the refusal in writing or on a phone call (audio/video with their knowledge or secret recording as evidence of crime).
• Approach the Superintendent of Police (SP) or the Commissioner of Police under Section 173(4) BNSS with your written complaint.
• If the SP also refuses, file a private complaint before the Chief Judicial Magistrate under Section 175(3) BNSS. The Magistrate can order the police to register an FIR or direct an investigation by the CID or local police.
• As a last resort, file a writ petition before the High Court under Article 226 of the Constitution for a direction to register the FIR.

Rights of the Accused

Even in a forgery case, the accused has certain constitutional and statutory rights:

• Right against self-incrimination (Article 20(3) of the Constitution) – No person accused of any offence shall be compelled to be a witness against themselves.
• Right to legal representation (Article 22(1)) – The accused has the right to consult and be defended by a legal practitioner of their choice.
• Right to be produced before Magistrate within 24 hours – Under Section 57 BNSS, every arrest must be followed by production before the Magistrate within 24 hours (excluding travel time).
• Right to know grounds of arrest (Article 22(1)) – The accused must be informed of the grounds of arrest immediately.
• Right to copy of FIR – The accused is entitled to a copy of the FIR free of cost.

Bail Provisions

• Bailable vs Non-bailable – Forgery under Section 336(3) BNS is non-bailable. Cheating under Section 318(4) is also non-bailable. The accused must apply for regular bail before the Sessions Court.
• Anticipatory Bail (Section 482 BNSS) – The accused can file for anticipatory bail from the Sessions Court or High Court before arrest if they fear a custodial arrest.
• Regular Bail (Section 480 BNSS) – After arrest, bail must be decided within 60 days if investigation is not complete. For non-bailable offences, the court considers flight risk, evidence tampering, and gravity.
• Typical conditions – The court may impose conditions like surrendering passport, reporting to police regularly, or depositing sureties.

Quashing of FIR / Case

The accused may seek quashing of the FIR under Section 528 BNSS (High Court's inherent powers). Grounds include:

• No prima facie case – the FIR does not disclose any criminal offence, only a civil dispute.
• Abuse of process of law – fraudulent or malicious prosecution.
• Compromise between parties – but since forgery is non-compoundable, quashing is possible only if the court finds the compromise ends the cause for trial.
• Complete lack of evidence after investigation – the investigation report itself shows no offence.

In land-forgery cases, quashing is rare because forged signatures are a patent criminal act. Quashing strategy works best when the dispute is purely civil but was wrongly criminalised.

If You Are the Victim

• Do not pay any bribe to the police. Record the demand and report it to the SP or Vigilance department.
• Gather all original title deeds, sale agreements, gift deeds, mutation records, and tax receipts showing your ownership.
• File a private complaint before the CJM if police refuse FIR. Do not wait for months.
• File a civil suit for declaration of title and permanent injunction to stop further alienation of the property.
• Simultaneously lodge a complaint about the forged signatures with the sub-registrar's office who registered the forged deed.

Documents You Must Keep Ready

• Original sale deed or title deed (before the forged transfer).
• Latest mutation record (khatauni) from the revenue department.
• Property tax receipts for the last 5+ years.
• Aadhaar card, PAN card, and voter ID for identification.
• Any communication with the police (written complaints, diary numbers, audio/video recordings of bribe demands).
• Bank statements if any payment was made for the forged sale—though there was none here.
• Copy of the forged sale deed (obtain from the sub-registrar's office).
• Power of attorney if representation through a lawyer.

What Evidence Is Required?

• Primary evidence: Original title deed showing your ownership before the forged transfer.
• Documentary evidence: The forged sale deed obtained from the sub-registrar's office—showing fabricated signatures.
• Handwriting expert report: Comparing the forged signature with your genuine signatures (from bank, Aadhaar, etc.).
• Witness testimony: Neighbours, relatives, or local officials who can confirm your possession and ownership.
• Electronic evidence: Any text messages, emails, or call recordings concerning the police bribe demand.
• Admission by accused: If the fraudster admitted anything in writing or in presence of witnesses.

How the Police Behave in Such Cases

In land-forgery matters, local police often treat it as a civil dispute at first. They may delay, demand bribes, or refuse to register an FIR. This is illegal under BNSS. If the fraudster is influential, the police may even file a cross-complaint. However, once a Magistrate orders a limited investigation, the dynamic changes. The accused khata clerk and the fraudster were arrested within 30 days in the client's case. The key is to bypass the corrupt local police and go directly to the Judiciary. Do not stay silent—that only emboldens them.

Timeline of Legal Process

• FIR / Private Complaint – Filed immediately. If refused by police, file before CJM within 2–3 weeks.
• Cognizance and Investigation – Magistrate issues process; police investigate within 90 days (60 days if the accused is in custody). Investigation completed in 45–60 days.
• Chargesheet Filing – Usually within 60–90 days from the date of cognizance.
• Framing of Charges – After chargesheet, court hears both sides; charges framed within 2–3 hearings.
• Trial (excluding appeals) – Can take 6 months to 2 years depending on witnesses and court backlog.
• Judgment and Appeal – Judgment within 30 days of conclusion of arguments. Appeals to Sessions Court or High Court can take 6-12 months.

How Long Will the Investigation Take?

Under BNSS, investigation for a cognizable offence must be completed within 60 days from the date of first arrest. If no arrest, the police have 90 days to file a chargesheet. In the client's case, the Magistrate's order for a limited investigation led to the chargesheet being filed within 45 days. Realistically, expect 2–4 months from FIR to chargesheet in non-complex forgery cases.

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?

A criminal forgery case under Section 336 BNS is non-compoundable – meaning the parties cannot simply withdraw the case by mutual settlement. However, the court may reduce punishment or even acquit if the parties reach a genuine compromise and the court finds it just. For the civil part, a settlement is very much possible. Parties can execute a compromise deed before the Civil Court. Mediation or Lok Adalat (under Section 89 CPC) is an option for the civil suit. But do not settle the criminal case prematurely—it is your best tool to force the fraudster to restore the land.

Common Mistakes People Make

• Engaging a lawyer without domain-specific experience – A general practitioner may treat forged signatures as a mere civil dispute, losing the criminal angle entirely. An advocate who regularly handles criminal property fraud will know how to file a private complaint before the Magistrate, obtain a limited investigation order, and secure bail rejection for the accused.
• Paying the bribe – This only encourages more illegal demands and helps the fraudster. Report it instead.
• Destroying or losing original documents – Without original title deeds and mutation records, the civil case becomes difficult.
• Delaying the complaint – Time is of the essence. The accused may sell the property further to a bona fide purchaser for value, complicating recovery.
• Discussing the case on social media or with third parties – This can be used against you in court or alert the accused.
• Not filing a civil suit simultaneously – The criminal case will not restore your possession by itself. You must file a civil suit for declaration of title and permanent injunction.

FAQs People Normally Have

Is it necessary to file a civil suit if I already have a criminal case for forgery?

Yes. The criminal case will punish the fraudster but will not automatically restore your ownership or possession. You need a civil suit for declaration of title and recovery of possession from the current occupant.

What if the property has been sold to a third party who bought in good faith?

If the third-party buyer was not part of the forgery and paid genuine consideration, they may be termed a "bona fide purchaser for value." In that case, the civil suit may claim damages from the fraudster rather than physical recovery of land. But the sale deed itself is void ab initio (invalid from start) because forged signatures render the entire transaction a nullity. A civil court may cancel the sale.

Can I get the forged sale deed cancelled directly without a civil suit?

No. The sub-registrar does not have the power to cancel a registered deed. Only a civil court can cancel a forged sale deed through a declaratory suit. You must file a civil suit for cancellation of the forged deed.

Will the police investigate if I file a private complaint?

Yes. Under Section 175(3) BNSS, the Magistrate may direct the police to investigate the matter. If the local police are corrupt, the Magistrate can direct the CID or a senior officer from another station to investigate.

How long do I have to file the case (limitation)?

For a criminal complaint of forgery, there is no limitation period for a cognizable offence under BNSS. For the civil suit, the limitation is 12 years from the date of dispossession for recovery of immovable property under Article 65 of the Limitation Act, 1963. But do not wait—the longer you delay, the harder it is to prove possession.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a Delhi criminal defence lawyer — 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.