If you are stuck in such a situation, here is what to do.
A young man, let’s call him Sameer, aged 25, finds himself in a complicated legal battle that began with a distressing family issue. His sister, Priya, 29, filed a domestic abuse complaint against her husband, Rohan, 30, merely a week after their wedding. The situation escalated when Rohan allegedly became physically violent, leading to Priya’s hospitalization. Consequently, she initiated legal proceedings against him for domestic violence.
While Priya was receiving treatment at City General Hospital in Jabalpur, Sameer was allegedly attacked by Rohan and his brother-in-law. Sameer promptly filed a complaint regarding this assault, and since the incident occurred in a hospital, he secured a wound certificate to substantiate his claim. However, the police initially did not register a First Information Report (FIR), classifying it as an extension of the domestic dispute.
A few months later, around August, Sameer received a summons from the local police station. He was informed that a Criminal Miscellaneous Petition (CMP) had been filed against him under several sections of the Bharatiya Nyaya Sanhita (BNS), including Sections 115(2), 118(2), 324(1), 296, and 109(1). In his complaint, Rohan claimed that Sameer had attacked him with a sharp object, producing a medical certificate for a minor 2 cm scratch. To protect himself, Sameer successfully applied for anticipatory bail.
The situation has now advanced, and the police have filed a charge sheet against Sameer, retaining the charges under Sections 115(2), 118(1), and 296 of the BNS. In response, Sameer has also filed his own CMP petition against Rohan and his brother-in-law for the initial assault at the hospital.
Sameer’s primary concern is the potential impact of this case on his career, as he has already qualified for several government job examinations. He is worried whether the charges, particularly under these BNS sections, would be considered crimes of “moral turpitude,” which could lead to permanent disqualification from government employment.
Advice in such cases
Stay Calm and Composed: It is natural to feel stressed, but panicking can lead to poor decisions. Understand that the legal system has procedures to deal with false or retaliatory cases.
Document Everything: Keep a detailed record of all events, conversations, and interactions with the police and the opposing party. Preserve all documents, including medical reports, complaints, and any communication records.
Gather Evidence: Proactively collect all possible evidence to support your case. This could include CCTV footage from the location of the incident (the hospital, in this case), witness statements, and your own medical certificates.
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
The case involves sections from the new Bharatiya Nyaya Sanhita (BNS), 2023, which has replaced the Indian Penal Code (IPC). The relevant sections mentioned are:
Section 115(2) of BNS: This section pertains to the punishment for voluntarily causing hurt. It is a general provision for assault that does not involve grievous injury or dangerous weapons.
Section 118(1) of BNS: This deals with voluntarily causing hurt by means of any instrument for shooting, stabbing, or cutting, or any instrument which, used as a weapon of offence, is likely to cause death. The allegation of using a sharp object falls under this more serious category.
Section 296 of BNS: This section defines and provides punishment for criminal intimidation, which involves threatening someone with injury to their person, reputation, or property.
If you are the complainant
File a Detailed Complaint: Ensure your complaint to the police or magistrate is comprehensive, detailing the sequence of events, the people involved, and the specific actions taken against you.
Provide All Evidence: Submit all evidence you have, such as your wound certificate, photographs, and a list of witnesses, to the investigating officer.
Follow Up Consistently: Regularly follow up with the police on the status of your complaint. If they are not taking action, you can approach higher police officials or the court.
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
Do Not Panic: Being named in a charge sheet can be daunting, but it is not a conviction. It is merely the police’s version of the case presented to the court for trial.
Secure Legal Representation: Your first and most crucial step is to engage a competent criminal defense lawyer who can guide you through the bail process and trial strategy.
Challenge the Allegations: Work with your lawyer to build a strong defense. This includes challenging the credibility of the complainant’s evidence (like the minor wound certificate) and highlighting the motive for the false complaint (retaliation for the domestic violence case).
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
In disputes stemming from matrimonial discord, the police are often cautious. They frequently encounter counter-complaints filed as tactical maneuvers to pressure the other party into a settlement or to withdraw the primary case (the domestic violence complaint in this instance). Their initial reluctance to file an FIR against Rohan could be attributed to this perspective. However, once a complaint is filed, especially through a court petition, they are bound to investigate. The filing of a charge sheet indicates that the police believe there is a prima facie case to be tried in court, based on the evidence they have collected, including Rohan’s medical report and statements.
FAQs people normally have
Will a pending criminal case affect my government job prospects?
A pending criminal case can be a hurdle during the verification process for a government job. Most departments require candidates to declare any pending cases. While a mere charge sheet is not a conviction, the department has the discretion to keep the appointment in abeyance until the case is resolved. An acquittal would clear your name completely. It is crucial to be truthful in your declaration, as hiding the information can lead to termination later.Do these charges amount to a crime of ‘moral turpitude’?
Moral turpitude refers to an act of depravity or inherent baseness in the private and social duties which a person owes to society. Simple assault cases are generally not considered crimes of moral turpitude. However, the interpretation can vary depending on the specific facts and the court’s view. A skilled lawyer can argue that a scuffle arising from a tense family situation, especially where you were also a victim of assault, does not involve moral turpitude. The outcome of the trial will be critical.What is the next step after the charge sheet is filed?
After the charge sheet is filed, the court will take cognizance of the offense. The process of framing charges will begin, where the court decides which sections of the law are applicable for trial. Following this, the trial commences, involving the examination of evidence and witnesses from both the prosecution and the defense.
What evidence is required?
To defend against these allegations, you will need to present strong counter-evidence. This includes:
Your Wound Certificate: This is crucial evidence to support your claim that you were the one who was attacked first.
Witnesses: Statements from any hospital staff, patients, or visitors who witnessed the incident can corroborate your version of events.
CCTV Footage: Obtaining security footage from the hospital for the specific time and location of the incident would be the most compelling evidence to prove your innocence.
Contextual Evidence: Your lawyer will use the domestic violence case filed by your sister as evidence of motive, arguing that the case against you is a malicious prosecution designed to harass your family.
How long will the investigation take?
The investigation phase is now complete, as the police have already filed the charge sheet. The next phase is the court trial. Unfortunately, criminal trials in the Indian judicial system can be a prolonged process. Depending on the workload of the court, the number of witnesses, and various procedural formalities, a trial in the lower courts can take several years to conclude. However, a strong defense can sometimes lead to a quicker resolution, such as a discharge at the stage of framing of charges if the evidence is patently weak.
Advocate Sudhir Rao, Supreme Court of India