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How to File a Criminal Complaint Against a Cheating Boyfriend?


13-Aug-2024 (In Criminal Law)

My boyfriend promised to marry me, and we were in a relationship for four years. Now, he has backed out of the commitment and is preparing to marry another girl chosen by his parents. I want to stop his marriage, but I don't have any proof of our relationship. He has exploited and harassed me socially. Please advise on what legal action I can take and how I can gather evidence to support my case.

Answers (3)

Answer #1
364 votes

Under Indian law, there is no particular BNS section or statute that punishes for cheating in love affairs or relations in India. However, sexual intercourse on the pretext of marriage is a criminal offence, as per Section 69 of the BNS. If your boyfriend has, by deceitful means or a false promise to marry, induced you into sexual intercourse, you can take criminal action against him. The punishment for such a criminal offence can be imprisonment upto 10 years as well as fine.

How to file a complaint?

To file a complaint under the Bharatiya Nyaya Sanhita, you may approach the nearest police station that has authority over the area where the crime was committed. You can then ask them to register a First Information Report (FIR) against the accused and provide them with all the information and proof regarding the case, which is to be retained by you for later use. The proof would include any written conversation between you and the accused, call recordings of the accused accepting the crime, etc.

In case the police refuse to register your FIR, you can directly approach the Superintendent of Police or other higher rank officers such as Deputy Inspector General and Inspector General and they will either personally investigate your case or would direct a team to look into the matter.

What happens after an FIR has been registered?

Once your FIR is registered, the police will conduct an investigation based on the FIR, which may also include arrests of the accused. The offence under Section 69 is a cognizable and non-bailable offence, which means that the police can make an arrest in such cases without a warrant. After the investigation is complete the police will record all the findings of their investigation and would make a charge sheet which will be submitted in the court. The charge sheet will state whether a case is made out against the accused and if substantial proof regarding the same has been found in the investigation or not.

It is recommended to have an experienced criminal lawyer with you during this step. He can guide you with the court procedure and can also draft and file the FIR / criminal complaint on your behalf.

How can a lawyer help you?

A case such as yours is a complex issue to deal with in a country like India where there is a huge pile of criminal cases pending in the court of law. Criminal procedure in India involves various steps which would require you to deal with the police at numerous stages and would also involve going to court. This is why it is essential to have a criminal lawyer to help you through the procedure and to guide you with the best possible way to resolve the criminal issue. An experienced lawyer who is an expert in handling criminal cases can help you draft an effective complaint which can hold your case in the court on solid grounds and can also represent you in the court to ensure the best possible outcome for your case.

Answer #2
950 votes
you must engage a lawyer immediately and file complaint before police. you have other legal remedies also depending upon the relationship and evidences you can produce in support of your allegations. hire a local lawyer of family and criminal law.
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Answer #3
901 votes
You need to file an application in your nearest police station as well as to the SP concerned and if no action is taken they you have remedy to knock at the door of the court via application as per the BNSS. Annexing photographs, emails, chatting and other evidence or you can talk to your boyfriend on his mobile by recording his version for the purpose of bringing him in the ambit of law.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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