If you are stuck in such a situation, here is what to do.

Consider a distressing scenario where a young woman, Ms. Anjali, is enduring severe domestic abuse in the city of Vikaspuri. Her husband, Mr. Sharma, has a severe alcohol problem, leading to frequent violent outbursts. The situation is aggravated by her mother-in-law, who is consistently hostile and instigates conflicts. In the past, even her brother-in-law had physically assaulted her. One evening, her husband’s violence escalates, and he injures her badly. Her family, living in a different city, gets a fragmented piece of this information late at night and finds themselves unable to contact her, leaving them in a state of panic and confusion about the immediate legal and protective steps to take.

Advice in such cases

When you learn that a loved one is in such a perilous situation, it is crucial to act calmly and strategically. The primary goal is to ensure the victim’s safety and then proceed with legal recourse.

• Prioritize Safety: The first and foremost step is to ensure the victim is safe. If possible, try to move them to a secure location like a relative’s house, a friend’s place, or a women’s shelter.
• Medical Attention: If there are injuries, immediately take the victim to a hospital for a medical examination. Ensure you get a Medico-Legal Certificate (MLC), as it is a crucial piece of evidence.
• Preserve Evidence: Document everything. Take pictures of injuries, torn clothes, or any damage to property. Save any abusive text messages, emails, or call recordings.
• Contact the Police: You can call the police helpline (112) or the women’s helpline (1091). The police can intervene immediately to ensure the victim’s safety.
• 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

Indian law provides strong protection for women against domestic violence. The primary legal provisions are under the Bharatiya Nyaya Sanhita (BNS) and The Protection of Women from Domestic Violence Act, 2005.

• Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with cruelty by a husband or his relatives. It is a criminal offense and is punishable with imprisonment which may extend to three years and shall also be liable to a fine.
• Sections 115, 116, and 117 of BNS, 2023: These sections deal with causing hurt, grievous hurt, and assault. Depending on the severity of the physical violence, the appropriate section will be applied.
• The Protection of Women from Domestic Violence Act, 2005: This is a civil law that provides a broader definition of domestic violence, including physical, emotional, verbal, sexual, and economic abuse. A victim can seek various reliefs under this act, such as protection orders, residence orders, monetary relief, and custody of children.

If you are the complainant

As a family member or friend helping the victim, your role is crucial. Here is how you can provide effective support:

• Provide Support: Offer emotional and logistical support without being judgmental. Listen to the victim and let them know you are there for them.
• Assist in Documentation: Help the victim organize and preserve all evidence. Keep a diary of incidents with dates, times, and details of the abuse.
• Accompany the Victim: Go with the victim to the police station, hospital, and lawyer’s office. Your presence can provide moral support and confidence.
• 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 experiencing domestic violence, remember that you are not alone and help is available. Taking the first step is the hardest but most important.

• Your Safety First: Your well-being is the top priority. If you feel you are in immediate danger, leave the house and go to a safe place.
• Speak Out: Confide in someone you trust, whether it’s a family member, a friend, or a helpline. Breaking the silence is the first step toward getting help.
• File a Complaint: You can file a First Information Report (FIR) at the local police station against your husband and any other relatives involved in the abuse. You can also file a Domestic Incident Report (DIR) with a Protection Officer under the DV Act.
• 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 legally bound to register an FIR when a cognizable offense, such as cruelty under Section 85 of BNS, is reported. Many police stations now have dedicated women’s help desks or are designated as women police stations to handle such sensitive cases with empathy. However, at times, police might show reluctance or try to mediate a “compromise.” In such situations, it is your right to insist on registering an FIR. If the police refuse, you can approach a senior police officer (like the Superintendent of Police) or file a private complaint directly with the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. A lawyer’s intervention can be highly effective in ensuring the police take appropriate and timely action.

FAQs people normally have

What evidence is required?

Strong evidence is key to a successful prosecution. The following can be used as evidence:

• Medico-Legal Certificate (MLC) detailing injuries.
• Photographs or videos of injuries.
• Abusive and threatening messages, emails, or social media posts.
• Testimony of witnesses like neighbors, friends, or family members who have seen or heard the abuse.
• A detailed diary of incidents of abuse.

How long will the investigation take?

The duration of a police investigation can vary depending on the complexity of the case. The Bharatiya Nagarik Suraksha Sanhita (BNSS) has introduced timelines to expedite the process. Typically, an investigation and the filing of a chargesheet can take a few months. The court trial will take longer. However, under the Domestic Violence Act, 2005, the court is mandated to dispose of the case within 60 days. Interim relief, such as protection orders and maintenance, can be granted very quickly to ensure the victim’s immediate safety and financial stability.

Advocate Sudhir Rao, Supreme Court of India