The loss of a child is an unimaginable tragedy, compounded immeasurably when surrounded by suspicion, deceit, and the denial of a parent’s fundamental rights. In a distressing case, Mr. Sameer Verma found himself in a nightmare scenario. His marriage to Ms. Anjali Kapoor, set in the city of Aloknagar, was fraught with difficulties from the beginning. He alleges a pattern of harassment and abuse from his wife and her family, including the theft of his personal documents and the invasion of his digital privacy.

When Anjali became pregnant, Sameer was allegedly alienated and prevented from being a part of the journey. The situation culminated in the heartbreaking delivery at CityCare Hospital. He was not only barred from witnessing his child’s birth but was later presented with his deceased newborn daughter with minimal explanation. The hospital cited a common ailment as the cause of death for the otherwise healthy baby, but refused to provide any medical records or reports. Sameer suspects a cover-up, believing his wife’s family used their local influence to silence questions and control the narrative. He was even excluded from his daughter’s last rites. His attempts to seek help from the local police were dismissed, leaving him feeling powerless and isolated. Now, facing divorce proceedings, Sameer is determined to seek justice for his daughter and hold those responsible for his suffering accountable.

Advice in such cases

Navigating such a traumatic and complex situation requires a calm, strategic, and legally sound approach. Here are the immediate steps you should consider:

• Document Everything: Create a detailed timeline of all events. Note down dates, times, names of people involved (family members, doctors, police officers), and specific conversations. Preserve any digital evidence like emails, text messages, or call recordings you may have.
• Preserve Evidence: Keep copies of any documents you possess, no matter how insignificant they seem. This includes marriage certificates, any communication from the hospital, or messages from your spouse’s family.
• Seek Medical Opinions: If you have any preliminary information about the child’s health, you can discreetly consult other medical professionals for an opinion on the stated cause of death.
• **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

Several provisions under India’s new criminal laws can be invoked in such cases:

• Section 117 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with causing death by a rash or negligent act. If it can be proven that the hospital’s or any individual’s negligence led to the newborn’s death, this section would be applicable.
• Section 356 of the BNS: This covers the offence of defamation. The spreading of false allegations and damaging your reputation can be addressed under this law.
• Section 303 of the BNS: This section on theft can be applied for the unauthorized taking of your personal documents and certificates.
• Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This mandates the police to register a First Information Report (FIR) upon receiving information about a cognizable offence.
• Section 175(3) of the BNSS: If the local police refuse to register an FIR, this provision allows you to approach the Superintendent of Police. If that fails, an application can be filed before the jurisdictional Magistrate to direct the police to register an FIR and investigate the matter.

If you are the complainant

As the person initiating legal action, your role is crucial. Your actions will lay the foundation for the entire case.

• Draft a Comprehensive Complaint: With your lawyer’s assistance, draft a detailed written complaint outlining the entire sequence of events, from the initial harassment to the suspicious death and the police’s refusal to act. Attach copies of any evidence you have.
• File the Complaint Systematically: First, submit the complaint to the local police station. If they refuse to file an FIR, escalate the matter by sending the complaint via registered post to the Superintendent of Police (SP) or Commissioner of Police, as per Section 175(3) of the BNSS.
• Approach the Court: If senior police officers also fail to take action, your lawyer will file an application before the Magistrate’s court, seeking a direction for the police to register an FIR and begin a formal investigation.
• **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

Enduring such a profound loss and betrayal is emotionally devastating. It is vital to protect your well-being while seeking justice.

• Prioritize Your Mental Health: Seek support from trusted friends, family, or a professional counsellor. The legal battle ahead can be long and emotionally taxing.
• Understand Your Rights: You have the right to know the truth about your child’s death. You have the right to access medical records and the right to seek justice against those who have wronged you.
• Stay Patient and Persistent: The legal system can move slowly, especially when influential parties are involved. Trust the process and your legal counsel. Your persistence is key to uncovering the truth.
• **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

Police response can vary significantly. In some cases, officers are empathetic and diligent. However, in situations involving influential families or complex medical matters, you might face apathy, dismissal, or pressure to “settle” the matter. They may claim it is a “family dispute” or a “medical issue” outside their purview. This is often a tactic to avoid investigation. It is crucial not to be discouraged. Following the legal escalation process—from the local station to the SP and then the Magistrate—is the correct way to counter such inaction.

FAQs people normally have

Here are some common questions that arise in these sensitive situations:

What evidence is required?

The stronger your evidence, the better your case. Key evidence includes:

• Medical Records: While the hospital may deny them, a court order can compel them to produce all documents related to the mother’s admission, delivery, and the infant’s treatment and death.
• Witness Testimonies: Statements from any person who witnessed the harassment, the denial of access, or heard suspicious conversations.
• Digital Evidence: Text messages, emails, call records, or social media posts that substantiate your claims of harassment, threats, or false allegations.
• Police Complaint Records: Copies of any complaint you tried to file and proof of dispatch to senior officers.

How long will the investigation take?

The duration of an investigation is not fixed. It depends on the complexity of the case, the cooperation of witnesses, and the efficiency of the investigating agency. Once an FIR is registered under the court’s direction, the police are obligated to investigate and file a report. This can take several months or longer, but a lawyer can file applications to ensure the investigation proceeds without undue delay.

Advocate Sudhir Rao, Supreme Court of India