Mr. Rohan Sharma, a diligent entrepreneur running a small IT firm named ‘NextGen Coders’ in the city of Vidyanagar, found himself in a bewildering situation. A client, Mr. Alok Jain, for whom his company had developed a custom software application, was unhappy with the final product despite numerous revisions. Citing delays and unmet expectations, Mr. Jain refused to clear the final payment. The dispute, which began as a typical business disagreement over emails, escalated dramatically. One afternoon, on March 15, 2024, Rohan received a call from the Vidyanagar West Police Station, summoning him for questioning regarding a complaint of cheating and criminal breach of trust filed by Mr. Jain. Rohan was shocked and worried, with no prior experience dealing with the police or the legal system. He was unsure of his rights, the potential consequences, and what his immediate course of action should be.

Advice in such cases

Receiving a call from the police can be intimidating, but it is crucial to handle the situation with composure and strategy.

• Stay Calm: Panicking can lead to poor decisions. Take a deep breath and understand that there is a legal process to be followed.
• Gather All Documentation: Immediately collect all relevant documents, including contracts, email conversations, WhatsApp chats, invoices, and payment records related to the dispute.
• Do Not Ignore the Police: Ignoring a police summons is not advisable. However, you are not obligated to give a detailed statement immediately. You can request a short time to seek legal advice before appearing.
• Avoid Direct Contact with the Complainant: Do not try to contact the person who filed the complaint to argue or settle the matter. This could be misconstrued as an attempt to threaten or influence them.
• 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

In cases like the one involving Mr. Sharma and Mr. Jain, which often start as civil or contractual disputes but are given a criminal angle, the following sections of the Bharatiya Nyaya Sanhita (BNS), 2023 are commonly invoked:

• Section 316 of the BNS (Criminal Breach of Trust): This section applies when a person is entrusted with property and dishonestly misappropriates it or uses it for their own purposes in violation of a legal contract. For instance, if a client pays an advance for a specific service and the service provider uses the money for other purposes without delivering the service.
• Section 318 of the BNS (Cheating): This section deals with fraudulently or dishonestly inducing a person to deliver any property or to do or omit to do something they would not otherwise do. The key ingredient is a dishonest intention at the very beginning of the transaction.

If you are the complainant

If you are in Mr. Jain’s position and believe you have been wronged, a systematic approach is necessary to build a strong case.

• Draft a Detailed Complaint: Write a clear, chronological account of the events. Mention all relevant dates, amounts paid, and promises made. Attach copies of all supporting evidence.
• Submit to the Police: File the complaint at the appropriate police station. If the police are hesitant to file a First Information Report (FIR), you can send the complaint to a senior police official like the Superintendent of Police.
• Preserve Evidence: Keep all original documents and digital communications safe. Do not delete any messages or emails, as they are crucial pieces of evidence.
• Follow Up: Keep track of the investigation’s progress. Your lawyer can help you in communicating with the investigating officer.
• 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 you are the one accused, like Mr. Sharma, protecting your rights and liberty is the top priority.

• Seek Legal Counsel Immediately: Before you visit the police station or make any statement, it is imperative to speak with a criminal defense lawyer.
• Understand the Allegations: Your lawyer will help you understand the specific allegations against you and the potential legal ramifications.
• Anticipatory Bail: If there is a risk of arrest, your lawyer may advise you to apply for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, from the Sessions Court or the High Court.
• Cooperate with the Investigation: Once you have legal representation, cooperate with the police investigation as advised by your lawyer. This shows that you are not absconding and have faith in the legal process.
• 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 are often the first point of contact in such disputes. Their approach can vary.

• Initial Verification: The police will first conduct a preliminary inquiry to ascertain if a cognizable offense is made out from the complaint.
• Issuing Notice: In cases where the maximum punishment is less than seven years, the police are mandated by law (as per Section 35 of BNSS and Supreme Court guidelines) to issue a notice of appearance to the accused, asking them to join the investigation. An arrest is not the first step.
• Mediation Attempts: In matters that appear to be primarily of a civil nature, the police might encourage both parties to settle the dispute amicably.
• Investigation: If they find merit in the complaint, they will proceed with the investigation by recording statements, collecting evidence, and examining documents before deciding whether to file a chargesheet in court.

FAQs people normally have

People caught in such situations often have pressing questions.

• Can the police arrest me immediately over a business dispute?
  Not usually. For offenses punishable with imprisonment up to seven years, the police must issue a notice to join the investigation. An arrest is typically made only if the accused fails to cooperate, might tamper with evidence, or is a flight risk.
• Is a contractual dispute a criminal offense?
  A simple breach of contract is a civil wrong. However, it can become a criminal offense if there is evidence of dishonest intent (cheating) or misappropriation (criminal breach of trust) from the outset. Proving this intent is key.
• What can I do if a false complaint has been filed against me?
  You can present your evidence to the police to prove your innocence. If a chargesheet is still filed, your lawyer can argue for your discharge in court. In some cases, you may file a petition in the High Court to quash the FIR if it is found to be an abuse of the process of law.

What evidence is required?

Evidence is the backbone of any legal case, whether you are the complainant or the accused.

• For the Complainant: A written contract or agreement, proof of payments made (bank statements), email and chat records detailing the terms and subsequent failure to deliver, and any communication where the other party admits fault.
• For the Accused: The same set of documents can be used to prove your side. This includes the contract, communication showing you fulfilled your obligations or that the complainant changed requirements, proof of work delivered, and records of your attempts to resolve the dispute.

How long will the investigation take?

There is no fixed timeline for a police investigation. The duration depends on several factors, such as the complexity of the case, the amount of evidence to be collected, the number of witnesses, and the cooperation of the parties involved. As per the BNSS, the police are expected to complete the investigation and file a final report (chargesheet or closure report) in a timely manner. The process from complaint to trial can be lengthy, often taking several months or even years to conclude.

Advocate Sudhir Rao, Supreme Court of India