POSH Act Threats in Consensual Relationships: Legal Remedies and Safeguards

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: If a colleague in a consensual relationship threatens to file a POSH Act complaint, it may amount to criminal intimidation under the BNS. The police can register an FIR based on allegations of cheating by promise of marriage. You have rights: preserve evidence like chats and call logs, apply for anticipatory bail, and consider quashing the FIR if the relationship was clearly consensual. Engage a lawyer with expertise in criminal law and POSH matters immediately.

The client, Arjun Mehra, worked at an IT firm in Pune. He matched with a colleague, Priya Iyer, on a dating app. They began a consensual relationship. Then Priya saw a call from Arjun's ex-partner. She threatened to file a complaint under the POSH Act and also approached the police station in Hinjewadi. She alleged Arjun promised marriage and had sex based on that promise. Arjun panicked. He paid some money — reportedly around Rs 20,000 — to the police or the woman. He didn't know what to do. At that point, a friend referred him to the Chamber of Advocate Sudhir Rao. Earlier efforts had not worked. He was scared and had no clear strategy. Advocate Sudhir Rao and his office examined the chats, call logs, and the nature of the relationship. They argued that the relationship was entirely consensual and that no promise of marriage existed — or if it did, it was not the basis for the physical relationship. The office filed an application for anticipatory bail under Section 482 BNSS before the Sessions Court in Pune. The court granted protection. No arrest took place. And here's the key: the expertise of Advocate Sudhir Rao in handling such cases — where consensual relationships intersect with criminal allegations — helped secure the order in favour of the client. The matter is now progressing toward quashing of the FIR.

Key Facts of the Case

• Arjun Mehra and Priya Iyer were colleagues at a private IT firm in Pune.
• They matched on a dating app and had a consensual physical relationship for several weeks.
• Priya saw Arjun's ex-partner calling him and reacted angrily.
• She threatened to file a POSH Act complaint and also lodged a written complaint at Hinjewadi Police Station.
• Her complaint alleged cheating by promise of marriage under Section 318 BNS.
• Arjun paid approximately Rs 20,000 to the police or to Priya — the exact purpose is unclear.
• No complaint was formally registered under the POSH Act with the Internal Complaints Committee at the workplace.
• The Sessions Court granted anticipatory bail, preventing arrest pending investigation.

The Direct Legal Answer

The core question here is whether a consensual relationship can lead to criminal liability under the POSH Act or under the BNS. The short answer is: it depends on the facts.

Can she file a POSH Act complaint based on a consensual relationship?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly called the POSH Act — covers "sexual harassment" at the workplace. Consensual relationships between colleagues are not, by themselves, sexual harassment. However, if the relationship turns sour and one party alleges unwelcome conduct, the Internal Complaints Committee (ICC) may examine it. But a mere threat to file a POSH complaint is often a tool for intimidation. The ICC cannot punish criminal acts; it only makes recommendations to the employer. So unless the conduct was truly unwelcome, the POSH route is weak.

Can the police file an FIR for cheating by promise of marriage?

Yes. Under Section 318 BNS, if a person makes a false promise of marriage and induces sexual relations, it can constitute cheating. But if the relationship was clearly consensual and both adults were free to walk away, the FIR is often on shaky ground. Courts have held that a mere breach of promise is not enough — there must be evidence of a false promise from the beginning. The Lalita Kumari v. Government of UP, 2014 judgment makes it mandatory for police to register an FIR for cognizable offences like cheating. So the police likely will register it. But you can challenge it later through quashing or bail.

What about the Rs 20,000 payment?

Paying money to the police or the complainant without a proper legal framework is risky. It can be seen as an admission of guilt or as a settlement of a criminal case, which is generally not valid. Criminal cases cannot be settled privately unless the offence is compoundable. Cheating under Section 318 BNS is compoundable only with the permission of the court. So that payment is legally questionable. Never make such payments without consulting a lawyer first.

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 digital evidence. That means screenshots of dating app chats, WhatsApp conversations, call logs, and any emails. Do not delete anything. Not even the ones that seem embarrassing. Evidence is the bedrock of your defence. Also, do not contact the complainant directly. Any communication should go through your lawyer. A misplaced apology or statement can be twisted into evidence against you. And remember: the police may try to pressure you into a settlement. Stand firm with legal counsel.

This type of case — where a consensual relationship morphs into a criminal complaint — requires a lawyer who regularly handles criminal matters with a focus on matrimonial and sexual offence allegations. General practitioners may miss procedural nuances like the timing of bail applications or the specific grounds for quashing an FIR under Section 528 BNSS. Domain expertise matters here.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), 2023, the key section is Section 318 — Cheating by promise of marriage. This is the provision typically invoked when a person alleges that sexual relations were based on a false promise of marriage. The punishment is up to 10 years imprisonment and fine. Section 308 BNS (Cheating) may also apply. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 482 deals with anticipatory bail, Section 480 covers regular bail, and Section 528 gives High Courts the power to quash FIRs. The POSH Act, 2013, is the civil/employment law framework that governs workplace sexual harassment complaints.

Punishment and Penalties

Under Section 318 BNS, the punishment for cheating by promise of marriage is imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine. The offence is cognizable, meaning police can arrest without a warrant. It is non-bailable, which means bail is at the discretion of the court — not a matter of right. It is compoundable only with the permission of the court under Section 320 CrPC (read with BNSS provisions). The fine amount is not fixed by statute; it is at the discretion of the judge.

Jurisdiction — Where to File the Case

For criminal complaints, the police station with territorial jurisdiction is the one where the alleged offence occurred — typically where the workplace is located or where the relationship was consummated, if that can be proved. In this case, the Hinjewadi Police Station in Pune had jurisdiction because the workplace and the meetings took place there. For bail applications, the Sessions Court of the district has jurisdiction for anticipatory bail under Section 482 BNSS. Regular bail is filed before the same court where the charge sheet is filed. For quashing the FIR, you approach the High Court of the state — in this case, the Bombay High Court (Pune Bench). Getting the jurisdiction wrong can cause delays, so your lawyer must file in the correct forum.

What if Police Refuse to File FIR?

If the police refuse to register an FIR for a cognizable offence like cheating under Section 318 BNS, the complainant has remedies. However, in this situation, the woman's complaint was taken seriously, and an FIR was likely registered. But if you, as the accused, want to pre-empt a complaint or challenge a refusal to investigate a counter-complaint:

• Approach the Superintendent of Police under Section 173(4) BNSS with a written complaint.
• File a private complaint before a Judicial Magistrate under Section 175(3) BNSS for directions to the police.
• As a last resort, file a writ petition before the High Court under Article 226 of the Constitution.
• Keep a receipt or acknowledgment of your complaint to the police station.

But in this case, the FIR was already registered against Arjun. So the focus shifted to bail and quashing, not filing a complaint.

Rights of the Accused

As an accused person, you have fundamental rights under the Constitution and procedural rights under the BNSS:

• Right against self-incrimination (Article 20(3)): You cannot be compelled to be a witness against yourself. You have the right to remain silent during police interrogation.
• Right to legal representation (Article 22(1)): You have the right to consult and be defended by a lawyer of your choice. If arrested, you must be informed of this right.
• Right to be produced before a Magistrate within 24 hours (Section 59 BNSS): Police cannot keep you in custody beyond 24 hours without a Magistrate's order.
• Right to a copy of the FIR: You are entitled to a free copy of the FIR under Section 172 BNSS.
• Right to know grounds of arrest: Under Article 22(1), you must be informed of the grounds of arrest as soon as possible.

Bail Provisions

Since Section 318 BNS is non-bailable, the accused cannot claim bail as a matter of right. The strategy is crucial. Anticipatory bail under Section 482 BNSS is the first line of defence — it prevents arrest before the investigation is complete. In Arjun's case, his office filed for anticipatory bail immediately after learning of the complaint. The court granted it on the basis that the relationship was consensual and no coercion was shown. Regular bail under Section 480 BNSS is sought after arrest or after the charge sheet is filed. The conditions for bail typically include furnishing a bond, not tampering with evidence, and appearing before the investigating officer as required. A good lawyer will argue that the accused is not a flight risk and will cooperate. In consensual relationship cases, courts are increasingly cautious about granting blanket protection. Timely filing is everything.

Quashing of FIR / Case

Under Section 528 BNSS, the High Court has inherent powers to quash an FIR or criminal proceedings to prevent abuse of process or to secure the ends of justice. Common grounds for quashing include: (1) the allegations do not make out a prima facie offence, (2) the FIR is motivated by personal vendetta, (3) the matter has been settled between the parties and the offence is compoundable, or (4) the FIR is based on a consensual relationship without any element of cheating or coercion. In Arjun's case, after the bail was secured, his lawyers are now working to quash the FIR. They will argue that the relationship was clearly consensual, no false promise was made from the beginning, and the complaint is an afterthought. Quashing is a powerful remedy, but it requires strong documentary evidence and a clear legal argument. Not all FIRs are quashed — it depends on the facts.

If You Are the Victim

If you are genuinely a victim of sexual harassment or cheating, your approach should be different. But for those facing false allegations, here is what to do:

• Do not panic. False complaints are common, and the legal system provides remedies.
• Immediately preserve all evidence — chats, call logs, emails, photographs, witness statements.
• Do not pay any money to the complainant or the police. That can be used against you.
• Engage a criminal lawyer who handles such cases regularly. Do not go to a general civil lawyer.
• Apply for anticipatory bail before any arrest happens. Delay can be dangerous.

Documents You Must Keep Ready

• Identity proof: Aadhaar card, PAN card, or passport
• Dating app profile screenshots and chat history
• WhatsApp or other messaging platform conversations — full, unedited
• Call records from your phone or telecom provider
• Email communications, if any
• Any photographs or videos that show the consensual nature of the relationship
• Witness statements from friends or colleagues who knew about the relationship
• Proof of any payments made, if any (but ideally, no such payments should exist)

What Evidence Is Required?

• Primary evidence: Original chat logs and call records from your phone or backup. These are direct proof of communication and consent.
• Secondary evidence: Screenshots if originals are unavailable, but courts prefer certified copies or testimony.
• Witness testimony: Friends, colleagues, or family who knew about the consensual relationship can corroborate.
• Lack of force or coercion: Evidence that the woman voluntarily continued the relationship — like continued dating, affectionate messages, or joint activities.
• Timeline evidence: Proof that the complaint was filed only after a specific trigger (like seeing an ex-call) suggests motive.
• Counter-allegations: If the complainant has a history of such threats, collect evidence of similar behaviour.
• Medical or forensic evidence: Generally not needed in consent-based cases, but can be relevant if injury is alleged.

How the Police Behave in Such Cases

In cases involving sexual allegations, police often take the complainant's side initially. They may try to pressure the accused into a settlement or a confession. Do not cave. The police will typically call the accused for questioning and may arrest if they believe there is prima facie evidence. However, if you have anticipatory bail, they cannot arrest you. They may still harass you — but your lawyer can intervene. In Arjun's case, the police initially demanded money (the Rs 20,000). That is improper. Always insist on a receipt for any payment made in connection with the case, and ideally, avoid paying anything. The police will file a charge sheet within 90 days for serious offences like cheating under Section 318 BNS. Use that time to build your defence.

Timeline of Legal Process

• Day 1-7: Complaint filed at police station -> FIR registered under Section 318 BNS -> Investigation begins.
• Day 1-30: Arrest risk exists. Apply for anticipatory bail before arrest or regular bail after arrest. This takes 1-3 weeks.
• Day 1-90: Police investigation continues. Statements recorded, evidence collected. Charge sheet must be filed within 90 days from arrest for non-bailable offences (or the accused can claim default bail under Section 187 BNSS).
• Month 3-6: Charge sheet filed. Court takes cognizance. Framing of charges happens within 60-90 days.
• Month 6-12: Trial begins. Witness examination, cross-examination, and arguments.
• Month 12-18: Judgment delivered. Then appeal if needed.
• Quashing: If filed early, quashing can happen within 3-6 months from filing, provided the facts are strong.

How Long Will the Investigation Take?

The police have 90 days from the date of arrest to file the charge sheet for a non-bailable offence like Section 318 BNS. If no arrest is made, the investigation can take up to 90 days from the FIR. After that, if no charge sheet is filed, the accused can apply for default bail under Section 187 BNSS. In practice, investigations in such cases often conclude within 60-90 days because the evidence is primarily digital and witness statements.

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, settlement is possible, but with limitations in criminal cases. Section 318 BNS is compoundable only with the permission of the court under Section 320 CrPC (read with BNSS). This means both parties can agree to settle, but the court must be satisfied that the settlement is voluntary and not against public policy. In practice, courts often allow compounding in cases where the relationship was consensual and no serious harm occurred. Mediation is another route — the court can refer the matter to mediation, but it is not binding on the criminal process. For the civil/employment aspect under the POSH Act, the ICC can attempt conciliation, but the criminal case proceeds independently. Settlement should be explored only after consulting a lawyer — not directly with the complainant.

Common Mistakes People Make

• Paying money without legal advice: Like Arjun did. This can be seen as an admission of guilt or a bribe. Never pay anything without consulting your lawyer.
• Deleting chats or evidence: Out of embarrassment or fear. This destroys your best defence. Preserve everything.
• Speaking to the complainant without counsel: Any statement you make can be recorded and used against you. Silence is safer.
• Engaging a lawyer without domain-specific experience: This type of case — consensual relationships leading to criminal allegations — requires a lawyer who knows the procedural nuances of bail, quashing, and evidence handling. A general practitioner may miss the timing of bail applications or the specific grounds for quashing under Section 528 BNSS. That can cost you your freedom or delay your case significantly.
• Posting on social media about the case: Anything you share can be found by the police or the complainant's lawyer. Avoid it completely.
• Ignoring the POSH Act aspect: Even if the criminal case is weak, the ICC can recommend disciplinary action from your employer. Follow up with your lawyer and your company's HR.

FAQs People Normally Have

Is a consensual relationship grounds for a POSH Act complaint?

No, not by itself. The POSH Act covers unwelcome sexual conduct. A consensual relationship that later sours is not automatically sexual harassment. However, if one party alleges that the conduct became unwelcome after the relationship ended, the ICC may examine it. But it is a weak case typically.

Can I be arrested without notice?

Yes, if the police have an FIR for a non-bailable offence like Section 318 BNS. That is why anticipatory bail is crucial. File it before arrest.

Will the court quash the FIR if the relationship was consensual?

It depends on the evidence. If you can show clearly that the relationship was consensual, with no false promise of marriage from the beginning, the High Court may quash the FIR. But each case is fact-specific.

What happens to my job if a POSH complaint is filed?

The ICC will investigate. If they find no harassment, your job is safe. But the process can be stressful. Cooperate with the ICC and involve your lawyer.

Can I file a counter-complaint against the woman?

Yes, you can file a complaint for criminal intimidation under Section 308 BNS or extortion under Section 308 read with 318, if she threatened you with a false complaint to extract money or favours. This is a strategic decision to be discussed with your lawyer.

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

Advocate Sudhir Rao, Supreme Court of India