If you are stuck in such a situation, here is what to do.

Mr. Sameer, a resident of Jayanagar, entered into a live-in relationship with Ms. Rina. A few months into their cohabitation, he discovered that Ms. Rina had concealed significant details about her past, including two prior marriages, two divorces, and a teenage child from her first marriage. Upon this discovery, Mr. Sameer decided to end the relationship. While Ms. Rina initially agreed, she later began to harass him, threatening suicide and falsely claiming to be pregnant. Faced with this chaotic and distressing situation, Mr. Sameer moved out for his own peace of mind. In his absence, Ms. Rina vacated the apartment, taking with her all the furniture, valuable jewellery, and a significant amount of cash, with the total value running into several lakhs of rupees. She has since become untraceable, leaving Mr. Sameer in immense mental agony and financial loss. He has filed initial complaints but is seeking further legal guidance on how to trace Ms. Rina and recover his stolen property.

Advice in such cases

Navigating the aftermath of such a betrayal can be overwhelming. The primary goal is to take structured legal action to recover your property and ensure the perpetrator is held accountable. It is essential to act swiftly and methodically.

• 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 of 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 resolve in 7-10 days.

Applicable Sections of Law

The actions described constitute criminal offenses under the new Indian criminal laws. The investigation and trial will be governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• Section 303 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Theft): This section applies as the partner dishonestly moved your property out of your possession without your consent.
• Section 316 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Criminal Breach of Trust): This is a key section. Since you entrusted your property to your partner by virtue of living together, her act of dishonestly misappropriating it for her own use constitutes a criminal breach of trust, which is a more serious offense than simple theft.

If you are the complainant

As the person filing the complaint, your role is to provide the police with as much clear and actionable information as possible. Your complaint is the foundation of the entire investigation.

• File a detailed First Information Report (FIR) at the local police station with jurisdiction over the residence from where the items were stolen.
• Clearly narrate the entire sequence of events, including the discovery of her past, the decision to separate, the threats, and the eventual theft.
• Prepare a comprehensive list of all stolen items, including descriptions, brand names, and estimated values.
• Attach copies of any available proof of ownership, such as purchase receipts, invoices, bank statements, or photographs of you with the items.
• If the police are hesitant to register an FIR, you have the right to send a written complaint to the Superintendent of Police. If no action is taken, you can file a complaint directly before the Magistrate under Section 175(3) of the BNSS, 2023.

If you are the victim

Your immediate priority is to secure yourself and document the incident thoroughly to build a strong case.

• Preserve all digital evidence immediately. This includes screenshots of text messages, emails, social media chats, and any call recordings where threats were made or the relationship is discussed.
• Make a list of any mutual friends, neighbours, or other individuals who can act as witnesses to your relationship, her behaviour, or the presence of the stolen items in your home.
• Provide the police with any information that could help trace the accused, such as her last known phone number, details of her previous marriages, names of her family or friends, and potential whereabouts.
• If any bank cards, chequebooks, or financial documents were stolen, notify your bank immediately to prevent fraudulent transactions.

How the police behave in such cases

Police often encounter complex cases arising from personal relationships. Initially, they might perceive the matter as a “domestic dispute” or a simple disagreement between partners. They may suggest that it is a civil matter concerning the division of property. It is vital to be persistent and clearly articulate that this is a criminal case of theft and criminal breach of trust. Presenting a well-documented complaint with evidence of ownership and dishonest intent will compel them to take the matter seriously. Once the FIR is registered, they can use technical means, such as tracking the accused’s mobile phone, to locate her.

FAQs people normally have

Can I file a theft case against a live-in partner?
Yes. The law does not differentiate based on the relationship between the victim and the accused. Theft is an offense against property, and anyone who commits it can be prosecuted, regardless of their personal relationship with the owner.

What if my partner claims the items were gifts?
This is a common defense. The burden of proof will be on her to establish that the items were given as gifts. Your detailed complaint, evidence of purchase, and the context of the acrimonious breakup will be crucial to counter this claim. Genuine gifts are usually given under different circumstances, not taken while absconding after threats.

What evidence is required?

• Proof of Ownership: This is the most critical evidence. This includes purchase invoices, receipts, credit card or bank statements showing the transactions, and warranty cards.
• Photographic/Video Evidence: Pictures or videos of the items inside the house before they were stolen.
• Digital Evidence: Text messages, emails, or call logs that establish the nature of the relationship, the breakup, and any threats made by the accused.
• Witness Testimony: Statements from neighbours, friends, or building security who can corroborate your cohabitation and her subsequent departure with the goods.
• List of Stolen Items: A detailed, itemized list with descriptions and estimated current values.

How long will the investigation take?

The duration of a criminal case can vary significantly. The first step for the police is to trace and apprehend the accused, which can take anywhere from a few days to several months, depending on the information available. Once the accused is arrested and the charge sheet is filed in court, the trial process begins. The entire legal process, from FIR to a final judgment, can be lengthy, often taking a few years. However, if the police act promptly, the stolen property may be recovered much sooner during the investigation phase itself.

Advocate Sudhir Rao, Supreme Court of India