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

Mr. Sameer, a professional working in the city of Vidyanagar, was in a committed relationship with Ms. Anjali for over four years. They had explicit plans for marriage, which were well-known to their families and friends. Sameer was emotionally and financially invested in their future. His world came crashing down when he discovered that Anjali had been concurrently involved in a long-standing intimate relationship with one of her own relatives, a married man named Mr. Dev with a child. Shattered by the deceit, Sameer, who possesses voice recordings and messages as proof of both the affair and the promises of marriage, feels completely destroyed and is contemplating exposing the truth to Anjali’s family. He is concerned about the potential legal repercussions he might face for such an action and seeks clarity on his legal standing.

Advice in such cases

Navigating the emotional turmoil and legal complexities of such a situation requires a calm and strategic approach. Here is some general advice:

• Secure All Evidence: The first step is to safely preserve all evidence you have. This includes text messages, emails, call recordings, photographs, and any other documentation that proves the promise of marriage and the subsequent betrayal. Ensure you have multiple backups.
• Avoid Impulsive Actions: Do not act out of anger or a desire for revenge. Threatening to expose someone or sharing their private information publicly can lead to serious legal trouble for you, including charges of criminal intimidation or defamation.
• Understand the Legal Framework: The core of your potential case isn’t just infidelity, which is not a criminal offense in India. The legal issue revolves around the “false promise of marriage.” You need to understand whether your situation meets the legal criteria for a criminal complaint or a civil suit.
• Consult with a Lawyer: The very basic and important step to start is to talk to a 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 resolved much faster than you think.

Applicable Sections of Law

While a relationship ending due to infidelity is personally devastating, the legal remedies are specific and depend on the facts of the case. The primary laws to consider are:

• Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section addresses “sexual intercourse by employing deceitful means.” This includes obtaining consent for a sexual relationship based on a “false promise of marriage.” To invoke this section, the prosecution must prove that the promise was false from the very beginning and that the man had no intention of ever marrying the woman. It cannot be used simply because a relationship soured and a genuine promise was later broken.
• Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Defamation): If you share the private information or make allegations against the other party publicly or to their family with the intent to harm their reputation, you could face a criminal complaint for defamation.
• Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Criminal Intimidation): If you threaten to release the information to cause alarm or to compel her to do something, you could be charged with criminal intimidation.
• Civil Suit for Damages: You may have the option to file a civil lawsuit for monetary compensation for the “breach of promise to marry.” This is a civil wrong (tort) and would require you to prove the promise, its breach, and the resulting damages (emotional, reputational, and financial).

If you are the complainant

If you decide to pursue legal action as the aggrieved party, here are the steps to follow:

• Consult with a Lawyer: The very basic and important step to start is to talk to a 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 resolved much faster than you think.
• Draft a Legal Notice: Your lawyer may advise sending a legal notice to the other party, outlining your grievances and seeking a resolution or compensation. This formal step sometimes leads to a settlement without going to court.
• File a Complaint with the Police: If your lawyer believes there is a strong case under Section 69 of the BNS, you can file a formal complaint with the police. Provide them with a detailed, written account of the events and all the evidence you have gathered.
• Consider a Civil Suit: Simultaneously or alternatively, you can file a civil suit for damages. This is handled in civil court and is independent of any criminal proceedings. The focus here is on financial compensation for the harm you have suffered.

If you are the victim

As the victim of such deceit, your focus should be on protecting yourself and seeking justice through the proper channels.

• Consult with a Lawyer: The very basic and important step to start is to talk to a 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 resolved much faster than you think.
• Prepare for Counter-Allegations: Be aware that if you initiate legal proceedings, the other party may file counter-complaints. They might accuse you of harassment, extortion, or blackmail. A clean legal strategy guided by your lawyer is crucial.
• Focus on Mental Health: Betrayal of this magnitude takes a significant toll on one’s mental and emotional well-being. Seek support from trusted friends, family, or a professional counselor to help you process the trauma.
• Maintain Composure: In all legal interactions, whether with the police or in court, remain calm and factual. Emotional outbursts can weaken your credibility. Let your lawyer do the talking and present the evidence methodically.

How the police behave in such cases

Police often approach cases of broken relationships with caution. Initially, they may perceive the issue as a personal dispute or a civil matter rather than a criminal one. They are trained to differentiate between a genuine promise that was later broken and a promise that was fraudulent from its inception. They might be reluctant to file an FIR under Section 69 BNS unless you present very strong prima facie evidence of deceitful intent. In many instances, they may advise both parties to seek mediation or resolve the matter in a civil court.

FAQs people normally have

Here are some frequently asked questions in such scenarios:

• Is it a crime to cheat on your girlfriend/boyfriend in India?
  No, infidelity in a non-marital relationship is not a criminal offense in itself. The legal issues arise only if elements like a fraudulent promise of marriage are involved.
• Can I get her into trouble by showing her family the evidence?
  While it may cause social embarrassment for her, it can get you into legal trouble. You could face allegations of defamation, criminal intimidation, or invasion of privacy. It is strongly advised not to take this route.
• Is a voice recording valid evidence in court?
  Voice recordings can be admissible as evidence, but they must meet certain conditions. The voice must be identifiable, the recording must not be tampered with, and the conversation must be relevant to the case. Your lawyer can advise on its admissibility.

What evidence is required?

To build a strong case, whether criminal or civil, you will need compelling evidence, such as:

• Communication Records: Text messages, WhatsApp chats, emails, or letters where marriage was explicitly promised and discussed.
• Witness Testimony: Statements from friends or family members who can testify about the seriousness of the relationship and the promise of marriage.
• Financial Records: Proof of any significant financial transactions, such as joint investments or money given based on the promise of a shared future.
• Digital Evidence: Photographs together, social media posts indicating a committed relationship, and any recordings of relevant conversations (subject to admissibility).
• Proof of Betrayal: Evidence that proves the other relationship existed during the time the promise of marriage was active.

How long will the investigation take?

The duration of a legal case can vary significantly. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, efforts have been made to streamline timelines. A police investigation can take anywhere from a few months to over a year, depending on the complexity, the evidence to be collected (especially digital evidence), and the cooperation of witnesses. The subsequent court trial is a much longer process and can take several years to reach a final verdict. A civil suit for damages also follows its own timeline, which can be equally lengthy.

Advocate Sudhir Rao, Supreme Court of India