If you are stuck in such a situation, here is what to do.

In the city of Rampur, a 20-year-old student named Rohan is facing a terrifying situation at home. While taking a year off to prepare for a prestigious engineering entrance exam, the environment in his house has become unbearable. His father, a man in his late forties, has a long history of subjecting Rohan’s mother to severe physical and emotional abuse. For years, Rohan was manipulated into believing his mother was the cause of the household’s turmoil, but he now sees the truth clearly. His father’s behavior is characterized by constant verbal abuse, belittling comments towards him and his 13-year-old brother, Sameer, and fits of rage over minor issues. The constant stress and fear have taken a severe toll on Rohan’s mental health.

Recently, the situation escalated dramatically. During a confrontation, Rohan had to physically block his father’s hand in self-defense, which led to his father accusing him of raising a hand against him. Rohan feels like he is walking on eggshells, unable to focus on his studies, which are crucial for his and his family’s future. The fear became acute when his father began making direct threats, warning Rohan that he would be attacked and seriously hurt. One night, his father explicitly told him to “be ready” for a sudden and violent assault. Rohan is now living in constant fear for his life and the safety of his mother and brother. He is unsure of what legal steps he can take to ensure their protection without derailing his own future.

Advice in such cases

• Prioritize your safety and the safety of your mother and brother. If you feel a threat is imminent, leave the house and go to a safer location, like a friend’s or relative’s house.
• Document every incident. Keep a detailed diary with dates, times, and descriptions of the abuse and threats. If there are visible injuries, take clear photographs.
• Preserve any digital evidence, such as threatening text messages, emails, or audio/video recordings. This can be crucial evidence later.
• Inform a trusted adult, such as a relative, teacher, or friend, about the situation. Having someone who knows what is happening can provide support and serve as a potential witness.
• Contact the National Police Helpline by dialing 112 or the Women’s Helpline at 181, which can also assist in cases of domestic violence involving other family members.
• 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 situation involves several legal provisions under Indian law, primarily aimed at preventing domestic violence and punishing related offenses:

• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): Although the primary complainant is the son, his mother is a victim of domestic violence. A complaint can be filed under this Act by an “aggrieved person,” which includes any woman who is, or has been, in a domestic relationship with the abuser. The son can assist his mother in filing this complaint. The court can pass protection orders, residence orders, and monetary relief.
• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 84: This section specifically addresses and punishes acts of domestic violence.
  • Section 115: This deals with criminal intimidation. The father’s threats to kill or cause grievous hurt fall directly under this section.
  • Section 117: This pertains to voluntarily causing hurt. Past instances of physical abuse can be prosecuted under this section.
  • Section 119: If any past abuse resulted in grievous injuries (like fractures or severe wounds), this section would be applicable.

If you are the complainant

• Gather all the evidence you have collected, including your diary, photos, recordings, and any medical reports.
• Approach the local police station to file a First Information Report (FIR). Clearly state all the facts, including the history of abuse against your mother and the recent threats against you.
• If the police are hesitant to file an FIR, you can submit a written complaint to the Superintendent of Police (SP) or a higher-ranking officer.
• Alternatively, you can file a private complaint directly before the Magistrate’s court under Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• 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

• Your immediate priority is safety. Do not hesitate to call the police if you feel you are in danger.
• You have the right to live in your home without fear. The law can provide a protection order to prevent the abuser from committing further violence.
• Seek medical attention for any injuries and ensure you get a medical-legal certificate (MLC), as it is strong evidence.
• You and your mother can file a joint complaint or separate complaints. As a victim of threats and ongoing abuse, you have the right to seek legal protection for yourself.
• 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 to domestic disputes can vary. While there is increased awareness, some officers might initially treat it as a “private family matter” and suggest counseling or compromise. It is important to be firm and insist on your right to file a formal complaint. Clearly state that you fear for your life and safety. If you face resistance, calmly ask to speak with a senior officer or state your intention to approach the Superintendent of Police. Having a lawyer accompany you can often ensure the police take the matter seriously and follow the correct procedure.

FAQs people normally have

What evidence is required?

Strong evidence is key to building a solid case. This can include:

• Medical Evidence: Medical reports or MLCs detailing injuries.
• Photographic/Video Evidence: Pictures of injuries, damaged property, or recordings of abusive incidents or threats.
• Witness Testimony: Statements from your brother, mother, or any neighbors who may have witnessed the abuse.
• Documentary Evidence: Your personal diary of incidents, threatening messages (SMS, WhatsApp), or emails.
• Police Complaints: Copies of any prior complaints filed.

How long will the investigation take?

The duration of a legal case can vary. Cases under the PWDVA are intended to be fast-tracked, with the law stipulating that the court should aim to dispose of the case within 60 days from the first hearing. However, in practice, it can sometimes take longer. A criminal investigation under the BNS for offenses like criminal intimidation or assault will depend on the police investigation, collection of evidence, and the court’s schedule. The process involves filing an FIR, investigation by the police, filing a chargesheet, and then the trial. This can take several months to a few years, but protective orders can be obtained from the court much sooner to ensure immediate safety.

Advocate Sudhir Rao, Supreme Court of India