Can girlfriend file criminal case against boyfriend for cheating?

by Shivendra Pratap Singh | Jan 17, 2024 | Criminal Law

Can girlfriend file criminal case against boyfriend for cheating? 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.

Asked from: Uttar Pradesh

Your boyfriend borrowed money from you but now does not want to repay. Therefore, he is now engaged in blackmail. In this scenario 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, thereby deceiving you in the process. He has committed a cognizable offense, allowing you to initiate criminal proceedings against him through FIR.

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. For more legal help please visit Kanoon India.

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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