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.
Kavita Reddy, a 31-year-old woman living with her parents in Nagpur, found herself trapped inside her own bedroom on a Sunday evening in late February 2025. Her older brother, Ramesh, 37, had arrived from Pune a few days earlier to visit with his wife and children. What started as a petty disagreement over rearranging items in the kitchen turned shockingly violent within minutes.
Ramesh charged at Kavita, got right into her face, and she was certain he was about to strike her. In pure reflex, she pushed him back to create distance. That single act of self-preservation set off a major confrontation. Their parents had to physically restrain Ramesh and lock him in a room to stop him from attacking her. When Kavita threatened to call the police, Ramesh screamed at her to go ahead. Later that evening, with Ramesh free and roaming the house, Kavita barricaded herself in her room, terrified to even walk to the kitchen.
She'd initially tried to handle things on her own, hoping her parents would manage the situation. That didn't work. She then consulted a general civil lawyer who advised her — incorrectly — that her act of pushing might bar her from filing any complaint. Confused and frightened, she approached Advocate Sudhir Rao. The approach changed entirely. A precise complaint was drafted, her right of private defence was clearly established on record, and a preventive complaint was lodged that same night. Within days, her brother left the house, and she regained safety in her own home. The domain-specific handling of this matter made a material difference to how quickly the situation was resolved.
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.
This category of case sits at the intersection of criminal intimidation, assault, and domestic violence law. And here's the thing — procedural choices, whether to file an FIR, a Domestic Incident Report, or a preventive complaint under Section 126 BNSS, carry real strategic consequences that a general practitioner may not be fully familiar with. Engaging an advocate who regularly handles such matters typically leads to faster and better outcomes.
Document everything immediately: Screenshot threatening messages, note the date and time of the incident with as much detail as possible, and photograph any visible injuries. Even a contemporaneous voice note to yourself describing what happened can be valuable later.
File a preventive complaint: If you're not ready to file a full FIR immediately, you can still approach the police for a preventive complaint. This creates an official record that the threat exists, which matters enormously if anything escalates later.
Applicable Sections of Law
This is a criminal matter. The following provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are directly applicable:
- Section 351 BNS — Criminal Intimidation: Threatening another person with injury to their person, reputation, or property to cause alarm or compel any act.
- Section 115 BNS — Voluntarily Causing Hurt: Applicable where the accused attempted to physically attack the complainant; even an attempt to use force constitutes an offence.
- Section 131 BNS — Assault: Making any gesture or act intending or knowing it likely to cause apprehension in another's mind that criminal force is about to be used.
- Section 35 BNS — Right of Private Defence: A person's right to defend their body against an unlawful assault, which is specifically relevant here to counter any claim that Kavita's push was an aggression rather than a lawful defensive act.
- Section 126 BNSS — Preventive Action by Police: Allows police to take cognizance of situations likely to cause breach of peace and bind over the person threatening harm.
Punishment and Penalties
- Section 351 BNS (Criminal Intimidation): Imprisonment up to two years, or fine, or both. Where the threat is to cause death or grievous hurt, imprisonment may extend to seven years.
- Section 115 BNS (Voluntarily Causing Hurt): Imprisonment up to one year, or fine up to Rs. 10,000, or both.
- Section 131 BNS (Assault): Imprisonment up to three months, or fine up to Rs. 5,000, or both.
- Cognizable or Non-Cognizable: Section 351 BNS (aggravated form) is cognizable; Section 131 BNS is non-cognizable requiring a Magistrate's order.
- Bailable: Yes, for most of the above sections in their basic form.
- Compoundable: Sections 115 and 131 BNS are compoundable with the permission of the court.
Jurisdiction — Where to File the Case
For a criminal complaint of this nature, jurisdiction lies with the police station within whose territorial limits the incident occurred. In Kavita's case, that's the police station covering her residential locality in Nagpur. The complaint is filed there first. If police refuse to act, the matter escalates to the Judicial Magistrate First Class (JMFC) having territorial jurisdiction over that area. Choosing the right police station and the correct court at the outset matters more than people realise. A complaint filed at the wrong station can be delayed, transferred, or simply ignored for weeks.
What if Police Refuse to File FIR?
Police inaction in family dispute matters is unfortunately not rare. But you have options. Don't wait passively.
- Approach the Superintendent of Police (SP) of the district with a written complaint under Section 173(4) BNSS, which places a statutory duty on the SP to direct registration of the FIR.
- File a private complaint directly before the Judicial Magistrate First Class under Section 175(3) BNSS, who may direct the police to investigate and file a report.
- As a last resort, file a writ petition before the High Court seeking a direction to register the FIR. The Supreme Court in Lalita Kumari v. Government of U.P., 2014 (2) SCC 1 has made it clear that registration of FIR is mandatory when a cognizable offence is disclosed.
- Send the written complaint to the police by registered post and keep the postal receipt — this creates a paper trail of your attempt.
Rights of the Accused
Even if your brother is the aggressor, understanding his rights prevents procedural errors that could weaken your case. Frankly, many complainants ignore this part and then get caught off guard later.
- Right against self-incrimination (Article 20(3), Constitution of India): The accused cannot be compelled to be a witness against himself.
- Right to legal representation (Article 22, Constitution of India): He is entitled to consult and be defended by a lawyer of his choice.
- Produced before Magistrate within 24 hours: If arrested, he must be produced before the nearest Magistrate within 24 hours under Section 58 BNSS.
- Right to copy of FIR: Under Section 173(2) BNSS, a copy of the FIR must be given to the accused free of cost.
- Right to know grounds of arrest: Under Section 47 BNSS, the arresting officer must inform the accused of the grounds of arrest.
Bail Provisions
Most offences applicable here — Sections 115, 131, and the basic form of Section 351 BNS — are bailable. This means the accused can secure bail as a matter of right from the police station itself. But bail isn't the end of the story. Bail conditions can include restrictions on approaching the complainant or the residential premises. Where there's a credible apprehension of arrest even before an FIR is registered, the accused may apply for anticipatory bail under Section 482 BNSS before the Sessions Court or High Court. Regular bail, if already arrested, is applied for under Section 480 BNSS. Now, before you worry too much about bail — in domestic situations like this, courts often attach conditions requiring the accused to maintain peace and not contact the complainant, which is precisely what creates practical protection for the victim.
Quashing of FIR / Case
Once an FIR is registered, the accused may approach the High Court under Section 528 BNSS to seek quashing of the FIR. Grounds typically include: the FIR does not disclose any cognizable offence on its face, the complaint is an abuse of process, or the parties have reached a genuine compromise in a compoundable matter. In family disputes involving compoundable offences like Section 115 or 131 BNS, quashing after a compromise is common. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 laid down the grounds exhaustively. Make no mistake — filing a well-drafted FIR at the outset significantly reduces the chances of a hasty, one-sided quashing.
If You Are the Victim
- Leave the immediate danger zone as soon as it is safe to do so. Your safety comes before any paperwork.
- Photograph any injuries, bruises, or damage to property immediately with a timestamped phone camera.
- Contact the police — either by calling 100 or by visiting the nearest police station — and state clearly that you feel physically threatened inside your own home.
- Write down everything that happened, in your own words, as soon as possible. Memory fades; a contemporaneous note is powerful evidence.
- Do not delete any call logs, messages, or voice recordings exchanged with or about the accused. These may become critical evidence.
Documents You Must Keep Ready
- Aadhaar Card and PAN Card (for identity verification at police station and court)
- Proof of residence — electricity bill, rental agreement, or voter ID showing you live at the address
- Screenshots of threatening messages, missed calls, or abusive texts from the accused
- Medical examination report if you were physically hurt (visit a government hospital for medico-legal case documentation)
- Photographs of injuries or damage to the house
- Call records from the date of the incident
- Any prior complaint made to police, even informally, with acknowledgment
- Names and contact details of witnesses (in this case, parents who physically restrained the accused)
What Evidence Is Required?
- Eyewitness testimony: Parents who physically restrained the accused are direct witnesses and their statements will carry significant weight.
- Medical examination report: Primary evidence of physical harm, if any contact occurred.
- CCTV footage: If the house or building has cameras covering common areas, this footage should be preserved immediately.
- Call records and recordings: Any phone recording of threats made by the accused — even those recorded without his knowledge — can be produced as secondary evidence and explained in examination-in-chief.
- Written complaint history: Any prior complaint to police creates a pattern of behaviour.
- Contemporaneous notes: A written account made immediately after the incident, even a WhatsApp message to a trusted friend, can establish the timeline.
- Conduct of the accused after the incident: Evidence that he continued to intimidate or block movement inside the house is relevant to establishing sustained criminal intimidation.
How the Police Behave in Such Cases
In intra-family disputes, police often try to mediate first rather than register an FIR. They may suggest "sorting it out at home" or call both parties for informal counselling. This is especially common when the accused is an older male family member. So the next step is — be firm, be specific, and reduce your complaint to writing before you walk into the station. Cite the sections you want invoked. Police attitude changes noticeably when the complainant arrives with a clearly drafted, legally specific written complaint rather than a verbal account. Vague oral complaints are far easier to dismiss or soft-pedal.
Timeline of Legal Process
- Day 1-2: File written complaint at police station. Police may register FIR or attempt mediation first.
- Day 3-10: If FIR registered, police begin investigation — statements of witnesses recorded, site inspection conducted.
- Within 60-90 days: Police file chargesheet (report under Section 193 BNSS) before the Magistrate.
- Within 1-3 months of chargesheet: Magistrate takes cognizance and issues summons or warrant to accused.
- Framing of charges: Typically within 3-6 months of cognizance in JMFC courts, depending on docket load.
- Trial (evidence and cross-examination): Can take 1-3 years depending on the court's schedule and number of witnesses.
- Judgment: Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.