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

Mr. Rohan Mehra, a marketing executive from the city of Anandpur, was living a normal life with his wife, Mrs. Sneha Gupta. One evening, following a disagreement over future financial planning, their argument escalated. Seeking to de-escalate the situation, Rohan decided to spend a few days at his parents’ house in the same city. To his utter shock, a week later, he received a call from the local police station. Mrs. Gupta had filed a formal complaint, accusing not just Rohan but also his elderly parents of cruelty and persistent dowry demands. The allegations were baseless and seemed to be a retaliatory measure. Rohan found himself facing the daunting prospect of a criminal investigation, potential arrest, and a legal battle that threatened his reputation and career.

Advice in such cases

Facing such allegations can be overwhelming. It is crucial to act strategically and not out of panic.

• Stay calm and avoid any impulsive actions or communication with the complainant or their family. Any angry or emotional response can be used against you.
• Begin compiling all relevant documents and communication records, such as text messages, emails, call logs, and financial statements, that can establish the nature of your relationship and disprove the allegations.
• Do not attempt to resolve the matter directly or through unofficial mediators once a formal complaint has been lodged, as this can complicate your legal position.
• 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

In cases involving matrimonial cruelty and false allegations, several provisions of Indian law come into play. It is important to be aware of the new legal framework:

• Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with the offence of cruelty inflicted upon a woman by her husband or his relatives.
• Section 86 of the BNS: This section prescribes the punishment for the offence of cruelty, which can extend to imprisonment for up to three years and a fine.
• The Dowry Prohibition Act, 1961: This act criminalises the act of giving or taking dowry. Allegations under this act are often clubbed with cruelty complaints.
• Section 231 of the BNS: This section addresses the offence of giving or fabricating false evidence, which can be invoked in a counter-action against baseless allegations.
• Section 181 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This section outlines the procedure for police to investigate cognizable offences, which includes the registration of a First Information Report (FIR).

If you are the complainant

If you are the one filing the complaint, it is your responsibility to ensure that your case is strong and based on truth.

• Your complaint should be factual, precise, and detailed. Avoid vague or exaggerated claims, as they can be challenged and weaken your case.
• Gather and organize all evidence that supports your allegations, such as medical reports in case of physical harm, photographs, threatening messages, or witness testimonies.
• Maintain a record of all incidents with dates and times to present a clear and chronological account of events to the authorities.
• 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 the one who has been falsely accused, your immediate priority is to protect yourself and your family from legal harassment.

• Never ignore a notice or summons from the police or court. Your cooperation is essential, but it must be guided by legal advice.
• Immediately seek legal counsel to understand your rights and the best course of action, which may include applying for anticipatory bail to prevent arrest.
• Collect all evidence that can prove your innocence. This can include your location records (alibi), bank statements to disprove financial demands, and communication from your spouse that shows a normal or cordial relationship prior to the complaint.
• 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 the first point of contact in such matters. Initially, they may refer the case to a Crime Against Women (CAW) Cell or a mediation centre to attempt a reconciliation. If the complaint discloses a cognizable offence, they are bound to register an FIR. The police will record statements from both parties and their witnesses. While they are expected to be impartial, the sensitive nature of these cases sometimes leads them to act swiftly on the complaint filed, so it is vital to present your side of the story clearly and with supporting evidence.

FAQs people normally have

People caught in such situations often have pressing questions.

• Can my parents and siblings also be arrested? Yes, if their names are mentioned in the FIR with specific allegations against them, they can face investigation and potential arrest.
• Will this case affect my employment or visa applications? A pending criminal case can have serious repercussions. Many employers have policies regarding employees facing criminal charges, and it can be a ground for rejection in visa and immigration processes.
• Can I file a counter-case for false allegations? Yes, you can file a case for defamation (Section 356 of BNS) or for filing a false complaint. However, it is often advisable to first focus on defending yourself in the primary case and get acquitted before initiating a counter-suit.

What evidence is required?

Evidence is the cornerstone of any legal case. For the complainant, this includes medical reports, photos of injuries, recordings of threats, and witness statements. For the accused, crucial evidence includes alibis, financial records disproving dowry claims, call records, and any communication (texts, emails) that contradicts the allegations of cruelty or harassment.

How long will the investigation take?

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), police are encouraged to complete investigations in a time-bound manner, typically within 60 to 90 days. However, complexities of the case, witness availability, and workload can cause delays. The process concludes with the police filing a final report (charge sheet or closure report) in court, after which the trial begins.

Advocate Sudhir Rao, Supreme Court of India