One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Ms. X, a 24-year-old graduate, approached me seeking legal assistance against her father Mr. Y’s controlling behavior. Despite being an adult with a college degree, Mr. Y prohibited Ms. X from leaving their house in City A independently. He insisted she could only go out accompanied by family members, claiming that allowing her freedom would lead to inappropriate behavior. When Ms. X expressed her desire to move out and live independently, Mr. Y threatened to forcibly admit her to a rehabilitation center, falsely claiming she had substance abuse issues. Ms. X felt trapped and intimidated, unable to exercise her fundamental rights as an adult citizen. She feared her father would make good on his threats and sought legal intervention to protect her personal liberty and freedom of movement.

Advice in Such Cases

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 to 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.

Document all instances of threats and restrictions immediately. Record conversations if possible and maintain written records of controlling behavior.

Reach out to trusted friends or extended family members who can provide temporary accommodation if needed.

Keep important documents like Aadhar card, passport, bank details, and educational certificates in a safe place accessible to you.

Applicable Sections of Law

This case involves multiple provisions under BNS and constitutional rights. Section 308 of BNS (wrongful confinement) applies when movement is unlawfully restricted. Section 351 of BNS covers criminal intimidation through threats. Article 21 of the Constitution guarantees personal liberty and freedom of movement. Under BNSS Section 154, a complaint can be filed for these offenses. The Protection of Women from Domestic Violence Act 2005 also provides remedies against controlling behavior by family members. These provisions collectively protect an adult’s fundamental rights against unlawful restraint and coercive threats.

If You Are the Complainant

• File a complaint under Section 308 BNS for wrongful confinement at the local police station
• Submit a detailed written complaint mentioning all instances of restriction and threats
• Provide evidence such as recordings, messages, or witness statements from neighbors or friends
• Request police protection if you fear immediate harm or forced confinement
• Apply for a restraining order under the Domestic Violence Act to prevent further harassment

If You Are the Victim

• Immediately contact local police or women’s helpline for emergency assistance
• Inform trusted friends, colleagues, or extended family about your situation
• Keep emergency numbers handy and maintain contact with support networks
• Approach the nearest magistrate court for immediate protection orders
• Seek help from women’s rights organizations and NGOs specializing in domestic issues

How the Police Behave in Such Cases

Police typically treat such cases as domestic disputes initially and may attempt mediation between family members. They often advise counseling or family intervention before registering formal complaints. However, when presented with clear evidence of unlawful confinement and criminal intimidation, police are legally bound to register FIR under BNSS provisions. Some officers may show reluctance citing family matters, but persistence and proper legal guidance usually result in appropriate action being taken.

FAQs People Normally Have

Can parents control adult children’s movements? No, once a person reaches majority, parents have no legal authority to restrict their freedom of movement or personal choices.

Is threatening rehab without medical justification legal? No, threatening involuntary commitment without proper medical evaluation constitutes criminal intimidation under BNS Section 351.

What if police refuse to register complaint? Approach the Station House Officer directly, and if refused, file complaint with higher authorities or magistrate court.

Can I leave home despite family objections? Yes, adults have constitutional right to choose their residence and cannot be prevented by family members.

What Evidence Is Required?

• Audio or video recordings of threats and controlling statements
• WhatsApp messages or written communications showing restrictive behavior
• Witness statements from friends, neighbors, or relatives who observed the control
• Medical records proving absence of substance abuse or mental health issues
• Employment records or educational certificates proving capability for independent living
• Bank statements showing financial independence
• Documentation of any physical restraint or confinement incidents

How Long Will the Investigation Take?

Investigation in wrongful confinement cases typically takes 2-3 months for completion. Police will record statements from all parties, examine evidence, and verify claims. If adequate evidence exists, chargesheet is filed within 60-90 days. Court proceedings may extend 6-12 months depending on complexity and evidence quality. Emergency protection orders can be obtained within 24-48 hours if immediate danger exists.

Advocate Sudhir Rao, Supreme Court of India