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 19-year-old woman, approached me regarding her abusive relationship with Mr. Y, aged 21. They had been in a relationship for several months after knowing each other for a considerable period. Ms. X was experiencing physical, emotional, and psychological abuse from Mr. Y, including threats, isolation from family and friends, controlling behavior, and physical violence. She was living in constant fear and felt trapped in the relationship. The abuse had escalated over time, and she was concerned about her safety and well-being. Ms. X was hesitant to report the matter due to social stigma and fear of retaliation, but the situation had become unbearable. She needed immediate legal protection and wanted to understand her rights under Indian law.

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 abuse immediately with photographs, medical records, and written accounts. Seek immediate medical attention for any injuries and ensure proper documentation. Inform trusted family members or friends about the situation for support and as potential witnesses. Consider temporary relocation to a safe place away from the abuser while legal proceedings are initiated.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several provisions apply to domestic violence cases. Section 85 deals with assault, Section 115 covers voluntarily causing hurt, and Section 351 addresses criminal intimidation. The Protection of Women from Domestic Violence Act, 2005 provides civil remedies including protection orders, residence orders, and monetary relief. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), provisions for immediate arrest, investigation procedures, and victim protection measures are outlined, ensuring swift action against perpetrators of domestic violence.

If You Are the Complainant

• File a complaint at the nearest police station or approach the Protection Officer under PWDVA
• Apply for protection orders, residence orders, and monetary relief through the Magistrate court
• Maintain detailed records of all abuse incidents with dates, times, and circumstances
• Seek support from women’s helplines and counseling services for emotional support
• Ensure your safety by staying at a secure location during the legal proceedings

If You Are the Victim

• Prioritize your immediate safety and move to a secure location away from the abuser
• Seek immediate medical attention for injuries and preserve all medical documentation
• Contact women’s helplines for immediate assistance and guidance on available resources
• Inform trusted individuals about your situation for support and potential testimony
• Preserve evidence including photographs of injuries, threatening messages, and witness statements

How the Police Behave in Such Cases

Police are mandated to register FIRs immediately in domestic violence cases under BNSS provisions. They conduct preliminary investigations, ensure victim safety, and may arrest the accused if evidence warrants immediate action. Police coordinate with Protection Officers and provide information about available legal remedies. However, sensitivity levels may vary, and victims should insist on proper documentation and follow-up action if initial response is inadequate.

FAQs People Normally Have

Can I file a case against my boyfriend for domestic violence? Yes, the Protection of Women from Domestic Violence Act covers live-in relationships and provides comprehensive protection.

What immediate protection can I get? You can obtain protection orders preventing the abuser from contacting or approaching you, along with residence orders if you shared accommodation.

Will my case be kept confidential? Court proceedings are generally public, but certain sensitive details can be protected through in-camera trials and identity protection measures.

Can I withdraw the case later? While possible in civil proceedings under PWDVA, criminal cases under BNS continue as per legal procedures regardless of victim’s wishes.

What Evidence Is Required?

• Medical records documenting injuries and treatment received
• Photographs of injuries, damaged property, or threatening messages
• Audio or video recordings of abusive incidents or threats
• Witness statements from family, friends, or neighbors who observed abuse
• Written documentation of abuse incidents with dates and circumstances
• Financial records showing economic abuse or dependency
• Communication records including texts, emails, or social media evidence

How Long Will the Investigation Take?

Investigation timelines vary depending on case complexity and evidence availability. Police investigations typically conclude within 60-90 days under BNSS provisions. Civil proceedings under PWDVA for protection orders can be expedited and decided within 2-3 months. Court trials may extend 6-12 months depending on case specifics, witness availability, and court schedules.

Advocate Sudhir Rao, Supreme Court of India