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.

An 18-year-old student Mr.X approached me along with his mother Mrs.Y regarding severe domestic violence by his stepfather Mr.Z. Mrs.Y had married Mr.Z fifteen years ago after her first husband abandoned the family. Initially, Mr.Z appeared supportive and took responsibility for the family. However, over the years, he began having multiple extramarital affairs and started physically abusing Mrs.Y. The situation escalated last year when Mr.Z brutally assaulted Mrs.Y, causing serious injuries. Both mother and son felt completely helpless, believing no law could protect them. They were unaware of the comprehensive legal remedies available under Indian law for domestic violence cases. The case required immediate intervention to ensure Mrs.Y’s safety and hold Mr.Z accountable for his criminal acts.

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 incidents of violence immediately with photographs and medical records
• Approach the nearest police station without delay to file an FIR
• Apply for protection orders under the Domestic Violence Act
• Seek immediate medical attention and preserve all medical evidence

Applicable Sections of Law

Several provisions under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) apply to domestic violence cases. Section 115 BNS deals with voluntarily causing hurt, while Section 118 BNS covers grievous hurt causing permanent disfigurement or bodily harm. Section 351 BNS addresses criminal intimidation, which often accompanies physical abuse. The Domestic Violence Act, 2005 provides civil remedies including protection orders, residence orders, and maintenance. Additionally, BNSS Section 173 allows for immediate arrest in cognizable offenses, ensuring swift action against the perpetrator.

If You Are the Complainant

• File an immediate FIR at the nearest police station citing specific BNS sections
• Apply for protection orders under the Domestic Violence Act within 7 days
• Collect and preserve all evidence including photographs, medical reports, and witness statements
• Request the magistrate for interim maintenance and shelter if required
• Ensure the victim receives immediate medical attention and counseling support

If You Are the Victim

• Prioritize your immediate safety and seek medical treatment for injuries
• Inform trusted family members or friends about the abuse to create a support network
• Keep important documents like Aadhaar, bank passbooks, and certificates in a safe place
• Contact women’s helpline numbers for immediate assistance and guidance
• Do not delay in approaching authorities as evidence becomes weaker with time

How the Police Behave in Such Cases

Police are legally bound to register FIRs in domestic violence cases under BNSS provisions. They typically conduct preliminary investigations, record statements from all parties, and collect evidence from the scene. However, some officers may initially suggest compromise or mediation. If police refuse to register the FIR, approach the jurisdictional magistrate directly. Police must also inform victims about their rights under the Domestic Violence Act and facilitate medical examination when required.

FAQs People Normally Have

Can stepchildren file cases against stepfathers? Yes, domestic violence laws protect all family members including stepchildren who witness or experience abuse.

Is verbal abuse considered domestic violence? Yes, emotional and verbal abuse constitutes domestic violence under the Domestic Violence Act, 2005.

Can I get maintenance during the case? Yes, interim maintenance can be granted during proceedings to ensure the victim’s financial security.

Will the accused get bail immediately? Bail depends on the severity of charges and evidence presented, but courts consider victim safety while deciding bail applications.

What Evidence Is Required?

• Medical reports and photographs documenting physical injuries
• Audio or video recordings of violent incidents or threats
• Witness statements from neighbors, relatives, or friends
• Hospital admission records and treatment documents
• WhatsApp messages, emails, or letters containing threats
• CCTV footage from nearby areas if available
• Police complaint records and previous FIRs if any

How Long Will the Investigation Take?

Domestic violence investigations typically take 2-6 months depending on case complexity and evidence availability. Police must submit the chargesheet within 90 days under BNSS provisions. However, protection orders under the Domestic Violence Act can be granted within 3-7 days of application. Court proceedings may take 1-2 years for final judgment, but interim relief measures are available throughout the process to ensure victim safety.

Advocate Sudhir Rao, Supreme Court of India