Question: My girlfriend cheated on me and extorted a lot of money. She and I had been in a relationship for more than two years. We were classmates. During the relationship, my girlfriend made many false stories about her family. She cheated me with those false stories and took huge money from me. Sometimes I had transferred money in her bank account. We were in a physical relationship and love each other.
I had faith in her and gave her jewelry, electronic gadgets, mobile, laptop etc. She has deceived me with the intention to take money from me. After completion of education she joined a company in Chennai. She is dating another guy. Now she is not picking my phone and has cut off all communications. I want to file a case against her for cheating and extortion of money. Please guide me.
Question from: Karnataka
Cheating and extortion both are offences punishable under the Indian Penal Code (IPC). Deception and putting a person in fear of injury are the main ingredients of those offences. You have admitted that you were in love and there was a physical relationship.
The facts of your case do not prove that your girlfriend has cheated on you and extorted money. Without knowing her family background you cannot say that she made up false stories about her family.
My girlfriend cheated on me
Without have had any evidence of deception or inducement for delivery of property you cannot allege that my girlfriend cheated on me. In devoid of element of deception on the part of your girlfriend you cannot prosecute her for the offence of cheating.
You were friends and there was a natural love and affection between you. There was also a consensual sexual relationship. Prima facie your friend did not commit any fraud, deception or inducement to deliver any property from you.
Section 415 of the Indian Penal Code defines cheating. Delivery Of property through deception or inducement is the cornerstone of cheating. Section 415 reads as:
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.
You have no evidence to prove that she fraudulently or dishonestly induced you to give her money, jewelry, electronic gadgets etc. Hence, the main element of cheating i.e. deception is missing. You were in a physical relationship so you have not given those articles on inducement or deception. The allegation that my girlfriend cheated on me is hard to prove.
My girlfriend extorted money from me
Again the allegation that my girlfriend extorted money from me is hard to prove. There was no threat to your body or property from your girlfriend. She was a student and studying in your class. She has no past criminal record.
Section 383 defines extortion as whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
She did not give any threat to unveil the sexual relationship thereby delivering any property from you. In devoid of any proof of threats or fear of injury you cannot say that she has extorted money from you. Therefore, your allegation that my girlfriend extorted me is a false allegation. She can take appropriate legal action against you on the false allegations.