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

A young man, let’s call him Arjun, from the city of Alipur, found his life turned upside down after a relationship built on trust and promises ended in betrayal and legal battles. Arjun had dedicated years and a significant amount of his savings to support his partner, Priya, whom he intended to marry. He supported her emotionally and financially after her father’s passing and helped her secure a compassionate appointment at a major public sector undertaking, ‘Navratna Petrochemicals’.

Arjun’s support was extensive; he tutored her for her diploma, prepared her for the company’s entrance exams and interview, and spent a substantial sum on her living expenses, including a laptop, clothing, and other necessities. Throughout this period, their relationship was based on documented promises of marriage, with engagement dates mutually discussed and set.

However, the moment Priya secured the job, she allegedly severed all contact, began a relationship with a colleague, and turned hostile towards Arjun. A recorded conversation with her mother later revealed that the family had never approved of the relationship, suggesting a pre-planned deception to exploit Arjun for financial and career gains. Their relationship had also involved physical intimacy, which Arjun had consented to based on the trust and promise of a future together. This betrayal has now left him with severe emotional and psychological trauma.

The consequences for Arjun have been devastating. He suffered severe health issues, including stress-induced cardiac problems requiring hospitalization, memory loss, and PTSD. His professional life also took a major hit, forcing him to miss a crucial admission to a prestigious business school, jeopardizing his career prospects. To compound his misery, Priya filed multiple false police cases against him, including allegations of harassment, assault, and criminal intimidation, in an apparent attempt to silence him. While Arjun has secured bail, he continues to suffer from the ordeal.

This story highlights a distressing situation where an individual, irrespective of gender, can be emotionally manipulated, financially exploited, and legally harassed. It underscores the need for a justice system that addresses such grievances without gender bias.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act methodically and strategically. Panicking will only worsen the situation. Here are some steps to consider:

• Stay Calm and Composed: Your emotional stability is paramount. The other party may try to provoke you into making a mistake. Do not react impulsively.
• Cease All Contact: Stop all communication with the person who has betrayed you. Any further interaction can be twisted and used against you. Communicate only through your legal counsel if necessary.
• Preserve All Evidence: Gather and secure all evidence of your relationship and the promises made. This includes text messages, emails, call recordings, photographs, bank statements, and any witness testimonies.
• Seek Medical and Psychological Help: The trauma from such an experience is real. Seek professional help to manage your mental and physical health. Medical records can also serve as evidence of the distress caused.
• 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

Under the new Indian legal framework, several provisions of the Bharatiya Nyaya Sanhita (BNS) can be relevant in such cases, for any gender:

• Section 318, BNS (Cheating): If a person is dishonestly induced to deliver any property or money through deception, it constitutes cheating. A false promise of marriage used to extract financial or other benefits can fall under this section.
• Section 316, BNS (Criminal Breach of Trust): If you entrusted the person with money or property for a specific purpose (e.g., joint future, marriage expenses) and they misappropriated it for their own use, it could be considered a criminal breach of trust.
• Section 320, BNS (Extortion): If the other party is filing false cases to put you in fear of legal injury and thereby dishonestly induce you to do something you are not legally bound to do (like paying them money or dropping your own claims), it may amount to extortion.
• Section 235, BNS (False information, with intent to cause a public servant to use his lawful power to the injury of another person): Filing a false police report with the intent to harass or injure someone is a punishable offense. This can be used in a counter-complaint.

If you are the complainant

If you are the one who has been cheated and wish to take legal action:

• File a Detailed Complaint: Your complaint to the police should be comprehensive, with a clear timeline of events, details of financial transactions, and references to the promises made.
• Submit All Evidence: Attach copies of all evidence you have collected, such as bank statements, chat transcripts, and recordings, with your complaint.
• Follow Up Diligently: After filing the complaint, follow up with the police through the proper channels to ensure the investigation is proceeding.
• Explore Civil Remedies: Alongside a criminal complaint, you can also explore filing a civil suit for the recovery of the money you spent.
• 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.

If you are the victim

If false cases have been filed against you:

• Seek Anticipatory Bail: If you apprehend arrest in a non-bailable offense, your first step should be to file for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Cooperate with the Investigation: Do not evade the police. Cooperate with the investigation and present your side of the story with supporting evidence.
• File for Quashing of FIR: If the FIR is baseless and filed with malicious intent, you can approach the High Court under Section 561A of the BNSS to have it quashed.
• File a Counter-Complaint: You have the right to file a counter-complaint for cheating, extortion, and filing a false case against the other party.
• 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

The police response can vary. Initially, in cases involving allegations from a woman, there might be a tendency to take her complaint at face value. However, the police are bound by law to conduct a fair investigation. If you present a well-documented case with strong evidence, they are obligated to consider it. It is crucial to be respectful but firm in your interactions with the police. Having a lawyer represent you can ensure that your rights are protected and your side of the story is heard effectively.

FAQs people normally have

What evidence is required?

The stronger your evidence, the better your case. Key pieces of evidence include:

• Digital Communication: WhatsApp chats, SMS messages, emails, and social media conversations where marriage was discussed and promises were made.
• Financial Records: Bank statements, online transaction receipts, and ATM withdrawal records showing the money you spent on the person.
• Witnesses: Testimony from friends or family who were aware of the relationship and the promise of marriage.
• Audio/Video Recordings: Any legally admissible recordings of conversations that prove the deception or subsequent threats.
• Photographs and Videos: Pictures or videos of you together at family functions or holidays that establish the seriousness of the relationship.

How long will the investigation take?

The duration of a police investigation and subsequent court proceedings can be lengthy and unpredictable. It depends on several factors, including the complexity of the case, the workload of the police and the courts, and the cooperation of the parties involved. A simple investigation might take a few months, while a complex case that goes to trial can take several years. Patience and perseverance are key.

Advocate Sudhir Rao, Supreme Court of India