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.

Mr. X, a 24-year-old woman, approached my office regarding serious threats from her former partner Mr. Y, who was 20 years old. Their relationship began when Mr. Y was 18 and Mr. X was 23. After attempting to end the relationship due to the age difference, Mr. Y began threatening to file false cases under the POSCO Act and SC/ST Protection Act against Mr. X. He claimed he would portray their consensual adult relationship as exploitation and misuse his scheduled caste status to file fabricated charges. These threats were being used to emotionally blackmail Mr. X and prevent her from ending the relationship. The situation escalated when Mr. Y began demanding money and other favors while continuing his intimidation tactics through various communication channels.

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.

• Document all threatening communications immediately through screenshots, call recordings, and witness statements
• File a counter-complaint for criminal intimidation and extortion before any false case is registered
• Gather evidence proving the consensual nature of the adult relationship and actual ages during the relationship period

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections apply to such cases. Section 351 deals with criminal intimidation, which covers threats to harm reputation through false legal action. Section 308 addresses extortion where someone demands money or favors through threats. Section 356 covers defamation when false allegations are made. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), provisions for anticipatory bail under Section 437 become crucial when facing potential false cases. The SC/ST Prevention of Atrocities Act and POSCO Act have specific provisions against their misuse, allowing for counter-action against false complaints filed with malicious intent.

If You Are the Complainant

• File an FIR immediately for criminal intimidation and extortion based on the threatening behavior
• Collect all digital evidence including messages, emails, call logs, and social media interactions
• Identify and approach witnesses who can testify about the actual nature of your relationship
• Apply for anticipatory bail as a precautionary measure before any false case is registered
• Consider filing a defamation case if false allegations have already been made publicly

If You Are the Victim

• Immediately cease all direct communication with the person making threats to avoid further complications
• Preserve all evidence of threatening communications without deleting or altering anything
• Inform trusted family members and friends about the situation for emotional and potential witness support
• Avoid any actions that could be misconstrued or used against you in potential legal proceedings
• Consider seeking psychological counseling to deal with the stress and emotional impact of such threats

How the Police Behave in Such Cases

Police typically take POSCO and SC/ST Act cases very seriously due to their sensitive nature and legal requirements for mandatory registration. However, they also investigate thoroughly when counter-complaints of false cases and extortion are filed simultaneously. Officers usually conduct detailed inquiries to determine the actual facts, including verification of ages, relationship timeline, and evidence of threats. The investigation process involves examining digital evidence, recording statements from both parties, and assessing the credibility of claims made by each side.

FAQs People Normally Have

Can someone file a false POSCO case for a consensual adult relationship? Filing a false POSCO case is a serious offense, but it can happen. Strong evidence of actual ages and consensual adult relationship helps counter such false allegations.

What if the other person belongs to SC/ST community? Being from SC/ST community doesn’t provide immunity for making false threats or filing fabricated cases. Misuse of the SC/ST Act is also punishable.

How long do such cases typically take? Investigation duration varies but typically takes 3-6 months, while court proceedings can extend for 1-2 years depending on complexity and evidence.

What Evidence Is Required?

• Screenshots and recordings of all threatening communications across platforms
• Official age proof documents like Aadhaar, passport, or school certificates
• Witness statements from mutual friends who knew about the relationship
• Digital evidence showing consensual communication during the relationship period
• Financial transaction records if extortion or monetary demands were made
• Medical records or counseling records if psychological impact can be demonstrated
• Social media posts or photos establishing the timeline and nature of the relationship

How Long Will the Investigation Take?

Investigation timelines vary significantly based on evidence complexity and cooperation from both parties. Initial police inquiry typically takes 2-4 weeks for evidence collection and statement recording. Detailed investigation including digital forensics and witness verification can extend to 3-6 months. Court proceedings, if the case reaches trial stage, may continue for 1-2 years depending on case complexity and legal challenges presented by both sides.

Advocate Sudhir Rao, Supreme Court of India