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

A gentleman, Mr. Sharma, who is in his late fifties, finds himself in a distressing situation. He is being emotionally and financially manipulated by a relative, Mr. Gupta, concerning an old land dispute. The land in question, located in the state of Avanti Pradesh, originally belonged to Mr. Sharma’s grandfather. Several years ago, other family members allegedly had Mr. Sharma’s name removed from the property records. Now, Mr. Gupta claims he is working to recover this land for Mr. Sharma. On this pretext, Mr. Sharma has been transferring a significant portion of his monthly income to Mr. Gupta for an extended period.

Despite the continuous flow of money, there has been no tangible progress. Mr. Gupta offers only vague assurances and has provided no legal documentation, case numbers, or any proof of action. Mr. Sharma’s family is deeply concerned as he is nearing retirement with no savings, and the financial strain is causing severe hardship. Complicating matters, Mr. Sharma is also dealing with depression, making direct confrontation risky for his mental well-being. The family feels helpless as they watch their financial resources deplete while Mr. Sharma remains under the manipulative influence of his relative.

Advice in such cases

• Gather Information Indirectly: Try to collect any and all evidence related to the transactions. This includes bank statements showing transfers to Mr. Gupta, any text messages, emails, or call recordings where the land and money are discussed.
• Document Everything: Keep a detailed log of all interactions, payments, and promises made by the relative. Note down dates, amounts, and the specific reasons given for needing the money.
• Approach with Empathy: When discussing the issue with your family member, approach the conversation with concern for their well-being rather than accusation. Frame it as a desire to help and secure their future, especially with retirement approaching.
• Seek a Professional Mediator: Sometimes, a neutral third party, like a respected family friend or a professional counselor, can help mediate the conversation and bring a fresh perspective without causing direct confrontation.
• 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 resolved much faster than you think.

Applicable Sections of Law

This situation involves elements of both civil and criminal wrongdoing. Under Indian law, particularly the new criminal codes, the following sections may be applicable:

• Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS) – Criminal Breach of Trust: If Mr. Sharma entrusted money to Mr. Gupta for a specific purpose (legal action for land recovery) and Mr. Gupta dishonestly used it for his own benefit, it constitutes a criminal breach of trust.
• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS) – Cheating: Mr. Gupta, by making false promises of recovering land, has fraudulently induced Mr. Sharma to part with his money. This is a clear case of cheating.
• Civil Suit for Recovery of Money: A civil suit can be filed to recover the money given to Mr. Gupta.
• Suit for Declaration and Possession: To address the root cause, a separate civil suit can be filed in the appropriate court in Avanti Pradesh to establish Mr. Sharma’s rightful ownership of the ancestral property and to get possession.

If you are the complainant

If you are a family member witnessing this and wish to take action on behalf of the victim:

• Gather Evidence: Collect all possible proof, such as bank transaction details, communication records (WhatsApp, SMS, emails), and any witness accounts who are aware of the situation.
• File a Police Complaint: You can file a written complaint at the local police station, detailing the entire matter. Frame the complaint clearly under sections for cheating and criminal breach of trust. Insist on the registration of a First Information Report (FIR).
• Approach Senior Police Officials: If the local police are unresponsive, you can escalate the matter by submitting the complaint to senior officers like the Superintendent of Police (SP) or even the Magistrate under Section 156(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• 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 resolved much faster than you think. A lawyer can draft a strong legal notice to the perpetrator and guide you through the process of filing a criminal complaint and a civil recovery suit.

If you are the victim

If you are the person being exploited, like Mr. Sharma:

• Stop All Payments Immediately: Cease sending any more money, regardless of the promises or emotional appeals made.
• Demand Accountability: Ask for a complete account of the money spent so far, along with documentary proof of the legal steps taken (e.g., case file number, lawyer’s details, court receipts).
• Issue a Legal Notice: Through a lawyer, send a formal legal notice to the relative demanding the return of the money and a full account of his actions. This often acts as a serious warning and may lead to a resolution.
• 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 resolved much faster than you think.

How the police behave in such cases

Police may initially be hesitant to intervene, often dismissing such matters as “family disputes” or “civil matters.” They might suggest you go to court directly. It is crucial to be persistent and clearly articulate the criminal elements involved—namely, cheating and the misappropriation of funds. Presenting a well-drafted complaint, preferably prepared by a lawyer, and having preliminary evidence on hand can pressure them to register an FIR. If they still refuse, approaching a higher-ranking officer or the court is the next logical step.

FAQs people normally have

What evidence is required?

The stronger your evidence, the better your case. Key evidence includes:

• Bank statements or records of online transfers showing payments.
• Text messages, emails, or social media chats discussing the land and money.
• Call recordings (check legality in your jurisdiction).
• Statements from any witnesses who knew about the arrangement.
• Any documents related to the ancestral property that you may have.

How long will the investigation take?

The duration of a police investigation can vary significantly. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), efforts have been made to set timelines for investigations. However, factors like the complexity of the case, the cooperation of the accused, the availability of evidence, and the workload of the police station can cause delays. A criminal case can take several months to years to conclude. A civil suit for property, in particular, can be a lengthy process, often taking many years to resolve through the court system.

Advocate Sudhir Rao, Supreme Court of India