This query comes from Priya, a young woman from a town near Prayagraj, who is deeply concerned for her friend, Anjali. For as long as Anjali can remember, her father, Mr. Verma, has subjected her mother to a horrifying cycle of abuse. On weekends, he frequently returns home intoxicated, unleashing a torrent of verbal and then physical violence against his wife. Anjali, a brave young woman, often physically shields her mother from the blows. The family has endured this torment for years, trapped by his threats and their financial dependence on him.

Recently, the situation escalated dramatically after Mr. Verma faced instability in his professional life. During a particularly violent episode, he not only attacked his wife but also struck his elderly mother-in-law, Anjali’s grandmother, leaving her with a bruised eye. Anjali’s screams for help alerted the neighbours, who came to inquire. Mr. Verma quickly fabricated a story about a household accident to dismiss their concerns.

Anjali and her grandmother have decided to seek legal counsel and document the abuse at a women’s police station. However, her mother is hesitant to file a formal police complaint, fearing it could negatively impact her career and social standing. Anjali is in possession of crucial evidence, including audio recordings of her father’s verbal abuse and video clips of his violent outbursts, collected over the past several months.

Advice in such cases

Navigating such a sensitive and dangerous situation requires a careful and strategic approach. The priority must always be the immediate safety of the victims.

• Ensure Safety: If possible, the victims (mother and grandmother) should move to a safer location, like a relative’s house or a women’s shelter, especially if the abuser’s behaviour is escalating.
• Medical Examination: Immediately get the grandmother’s and mother’s injuries examined at a hospital. Insist on a Medico-Legal Certificate (MLC), which is a crucial piece of evidence detailing the nature and cause of injuries.
• Document Everything: Continue to document every incident. Note down dates, times, what was said, what happened, and who witnessed it. Preserve all electronic evidence like audio and video recordings securely.
• Contact Authorities: You can call the national emergency helpline (112) or a dedicated women’s helpline (like 181 in many states) for immediate assistance.
• Consult with Lawyer: The very basic and important step to start is to talk to a lawyer/advocate. You should not hesitate in paying his consultation fee, which might be in the range of Rs. 10,000 to Rs. 50,000, depending on the case. He is helping you come out of this situation. He is an expert in the domain and can help you understand the procedure which you might have never explored. A good lawyer can get the issues resolved in 7-10 days.

Applicable Sections of Law

Indian law provides robust protection for women against domestic violence through both civil and criminal remedies. It’s important to be aware of the new legal framework.

• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This is the primary civil law to address domestic abuse. It defines “domestic violence” broadly to include physical, sexual, verbal, emotional, and economic abuse. Victims can approach a Magistrate’s Court to seek various reliefs like protection orders, residence orders (the right to live in the shared household), monetary relief, and compensation.
• Bharatiya Nyaya Sanhita, 2023 (BNS): This is the new penal code of India. The following sections are relevant:
  • Section 84 & 86 of BNS: These sections deal with cruelty inflicted by a husband or his relatives upon a woman, which is a criminal offence punishable with imprisonment. This replaces the old Section 498A of the IPC.
  • Sections 115-125 of BNS: These sections deal with offences causing bodily harm, such as “hurt” and “grievous hurt.” If the physical assault has resulted in injuries, these sections can be invoked, leading to stricter punishment.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This is the new procedural law. It governs the process of filing a police complaint (FIR), investigation, and trial.

If you are the complainant

As a concerned friend or daughter like Priya, you can play a vital supportive role. While the primary complainant should be the victim (the mother or grandmother), you can assist them in the following ways:

• Accompany them: Go with them to the police station. Your presence can provide moral support and ensure they are taken seriously.
• Act as a Witness: You are a direct witness to the abuse. Your testimony is valuable evidence. The police will record your statement.
• Initiate the Complaint: You can help them draft a written complaint detailing the history of abuse. Approach the officer in charge of the nearest police station or a designated women’s police station. The police are legally obligated to register a First Information Report (FIR) if the complaint discloses a cognizable offence like cruelty or assault.

If you are the victim

If you are the one experiencing abuse, like Anjali’s mother or grandmother, the law provides you with specific rights:

• Right to File a Complaint: You have the absolute right to file a criminal complaint (FIR) under the BNS and/or a civil complaint (Domestic Incident Report) under the PWDVA.
• Right to a Safe Residence: Under the PWDVA, you cannot be thrown out of your marital home. The court can pass a residence order to ensure you can live there without violence.
• Right to Protection: The court can issue a protection order restraining the abuser from committing any act of domestic violence, communicating with you, or coming near your place of work.
• Right to Monetary Relief: You can claim maintenance for yourself and your children, as well as compensation for the injuries and emotional distress caused by the abuse.
• Sensitive Procedure: The law provides that, as far as practicable, the statement of a female victim should be recorded by a woman police officer.

How the police behave in such cases

While the law is clear, the on-ground experience at a police station can be intimidating. Police officers are legally mandated to register an FIR when a cognizable crime is reported. However, sometimes they may initially try to counsel the parties or suggest a “compromise” to settle the matter without a formal case. It is important to stand firm. Insist on your right to register a formal complaint. The presence of a lawyer is highly effective in ensuring the police follow the correct procedure. If the local police refuse to register an FIR, you can send a written complaint to the Superintendent of Police (SP) or approach the Magistrate’s court directly under Section 175(3) of the BNSS.

FAQs people normally have

Concerns about family reputation and the legal process are common. Here are some answers:

• Will filing a case bring shame to my family? The shame lies in the act of abuse, not in reporting it. Your safety and well-being are the highest priority. The law is a tool for protection, and seeking its help is a sign of strength, not a cause for shame. The fear of “what people will say” should never outweigh the need for physical and mental safety.
• Will my husband be arrested immediately? An arrest is not automatic in every case. It depends on the gravity of the offence alleged in the FIR and the preliminary investigation by the police. In cases involving serious physical injury (grievous hurt) or credible threats to life, an arrest is more likely.
• What if he threatens me after I file the complaint? This is a serious concern. This is precisely why obtaining a protection order under the PWDVA is critical. If he violates the protection order by threatening or contacting you, it is a separate criminal offence, and he can be arrested for it.

What evidence is required?

Strong evidence is key to a successful legal outcome. In Anjali’s case, she already has some of the most powerful evidence:

• Electronic Evidence: The audio and video recordings are admissible in court under the Bharatiya Sakshya Adhiniyam, 2023 (the new Evidence Act). Ensure they are preserved in their original format.
• Medical Evidence: The Medico-Legal Certificate (MLC) for the grandmother’s bruised eye and any other injuries is direct, scientific proof of physical assault.
• Witness Testimony: Statements from Anjali, her grandmother, and potentially the neighbours who heard the commotion are crucial.
• Photographs: Any photos of the injuries or damage to property are also useful supporting evidence.

How long will the investigation take?

The timeline can vary. The PWDVA is designed for speedy relief, with the law stating that a case should ideally be disposed of within 60 days from the first hearing. However, due to the burden on courts, this can sometimes take longer. For a criminal case initiated by an FIR under the BNS, the police investigation must be completed within the timelines stipulated by the BNSS. The entire process from investigation to trial can take several months to a few years, but crucial interim relief, like protection orders and maintenance, can be granted much sooner.

Advocate Sudhir Rao, Supreme Court of India