Legal Advice

Can girlfriend file criminal case against boyfriend for cheating?

Question: Can I pursue legal action against my boyfriend for cheating? He borrowed money from me with a promise to repay, and now he is engaging in blackmail. I am considering filing a case against him.

Advise

If your boyfriend borrowed money from you, promised to repay, and is now engaged in blackmail, you have the option to file a First Information Report (FIR) against him for the offenses of cheating and extortion. It appears that he made false promises with no intention of returning the money, deceiving you in the process. In this scenario, he may have committed a cognizable offense, allowing you to initiate criminal proceedings against him.

Under the Indian Penal Code (IPC), Sections 415 to 420 address the offense of cheating. Section 415 provides a comprehensive definition of cheating, encompassing acts of deception that lead a person to deliver property, consent to property retention, or engage in actions they would not undertake if not deceived. This deceitful conduct, causing potential harm to an individual in body, mind, reputation, or property, is deemed as “cheating.”

Moving forward, Section 416 outlines the punishment for cheating, stipulating imprisonment for a term extending up to one year, a fine, or both. Section 417 deals with the punishment for cheating and introduces more severe consequences if the victim is a woman or a minor. Section 418 addresses cheating with the awareness that wrongful loss may occur to the person whose interests the offender is obligated to protect.

Additionally, Section 419 pertains to punishment for cheating by personation. Lastly, Section 420 prescribes penalties for the offense of cheating and dishonestly inducing the delivery of property. This particular section entails more severe consequences, including imprisonment for a term extending up to seven years, along with the potential for a fine. It is essential to seek legal advice to comprehend the nuances of these sections and their application to specific cases, as laws may be subject to amendments.

Advocate Shivendra

Advocate

High Court Lucknow