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.
TL;DR: If your family members are subjecting you to repeated physical violence, financial blackmail, illegal confinement, and confiscation of your phone and documents, Indian criminal law offers immediate protection. File an FIR at the local police station under relevant BNS sections, and simultaneously approach the Magistrate for a protection order under the Domestic Violence Act, 2005. Do not delay.
Ananya Sharma, a 21-year-old BTech student from Indore, approached the office of Advocate Sudhir Rao after months of escalating violence at her maternal grandparents' home in Gomti Nagar, Lucknow. Her mother, maternal grandparents, and father would routinely confiscate her phone and laptop, cut off the Wi-Fi, lock the house gates from inside to prevent her from leaving, and physically attack her — scratching her hands while snatching her belongings. They had blackmailed her into leaving her college hostel, threatening to stop all education support if she didn't return to the abusive household. Her earlier attempts to get help from a general practitioner had gone nowhere. Advocate Sudhir Rao and his office argued that this was not just family discord but a series of cognizable offences under the Bharatiya Nyaya Sanhita 2023. The specialised handling of the matter, including urgent FIR lodgment and domestic violence complaint, led to an interim protection order within weeks. The client was granted permission to stay in a women's shelter and her university transfer process was expedited.
Key Facts of the Case
- The victim was a 21+ female undergraduate student financially dependent on her parents.
- Repeated physical attacks included scratching of hands while snatching phone and laptop.
- Illegal overnight confinement by locking the house gates from inside.
- Confiscation of phone, laptop, educational documents, and identity proofs.
- Deliberate cutting of Wi-Fi and stopping phone recharge to prevent communication.
- Financial blackmail: "Come home or we stop your education fees."
- Physical attack occurred during admission process when she was forced into a university against her will.
- Proof of injury — scratch marks on hands — was preserved and later submitted as evidence.
The Direct Legal Answer
Can I get immediate protection from this family violence?
Yes. Under Section 115 BNSS, a Judicial Magistrate First Class can pass an interim protection order the very same day you file an application under the Protection of Women from Domestic Violence Act, 2005. Section 18 of the Act allows the court to prohibit the abuser from committing any act of domestic violence, entering the shared household, or contacting you. You do not need a lawyer for the initial complaint — the Protection Officer is mandated to assist you.
What about the stolen documents and phone?
File an FIR under Section 303 BNS (theft) and Section 305 BNS (extortion) for the confiscation of your property. The police are legally bound to register your complaint. If they refuse, go directly to the Magistrate and file a private complaint under Section 175(3) BNSS. Make no mistake, the police cannot refuse to register a cognizable offence like theft or assault.
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.
Do not stay silent. Even if you feel helpless, every hour of silence gives the abuser more confidence. Contact the National Commission for Women (NCW) helpline or a local women's NGO. Many can connect you with a pro bono lawyer immediately. Critically, the law is on your side — the problem is only that victims don't know how to use it. This type of matter requires advocates who regularly handle domestic violence cases, because the interplay between criminal complaints and DV Act protection orders is nuanced and procedural errors can delay relief.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita 2023 (BNS), the following sections apply to this case:
- Section 93 BNS — Voluntarily causing hurt (for the scratches on hands during physical attack)
- Section 303 BNS — Theft (for stealing phone, laptop, and documents)
- Section 305 BNS — Extortion (for threatening to stop education support unless she returned home)
- Section 127 BNS — Wrongful confinement (for locking the house gate and preventing her from leaving)
Additionally, the Protection of Women from Domestic Violence Act, 2005 provides civil remedies including protection orders, residence orders, and monetary reliefs.
Punishment and Penalties
- Section 93 BNS: Imprisonment up to 1 year or fine up to Rs. 5,000, or both. Cognizable, bailable, compoundable.
- Section 303 BNS: Imprisonment up to 3 years or fine, or both. Cognizable, non-bailable, non-compoundable.
- Section 305 BNS: Imprisonment up to 7 years or fine, or both. Cognizable, non-bailable, non-compoundable.
- Section 127 BNS: Imprisonment up to 1 year or fine up to Rs. 1,000, or both. Cognizable, bailable, compoundable.
Jurisdiction — Where to File the Case
The police complaint (FIR) must be filed at the police station having territorial jurisdiction over the place where the offence occurred — in this case, the Gomti Nagar police station in Lucknow. For the protection order under the DV Act, you approach the Magistrate's court having jurisdiction over the area where you ordinarily reside or the abuser resides. Jurisdiction matters because the same court that passes the protection order can also grant residence and monetary reliefs, saving you from running between multiple forums.
What if Police Refuse to File FIR?
If the local police station refuses to register your complaint, follow these steps:
- Step 1: Send a written complaint by speed post to the same police station, keeping a copy with yourself.
- Step 2: Approach the Superintendent of Police under Section 173(4) BNSS — the SP is bound to either direct registration of FIR or record reasons in writing.
- Step 3: If that fails, file a private complaint before the Judicial Magistrate First Class under Section 175(3) BNSS.
- Step 4: As a last resort, file a writ petition before the High Court for a direction to the police to register the FIR.
Rights of the Accused
Even in a serious case like domestic violence, the accused has certain fundamental protections:
- Right against self-incrimination under Article 20(3) of the Constitution — they cannot be compelled to be a witness against themselves.
- Right to legal representation under Article 22(1) — they can consult and be defended by a lawyer of their choice.
- Right to be produced before a Magistrate within 24 hours of arrest, excluding travel time (Article 22(2)).
- Right to a copy of the FIR and to know the grounds of arrest.
Bail Provisions
For the offences in this case, Section 303 BNS (theft) and Section 305 BNS (extortion) are non-bailable. However, the accused can apply for regular bail under Section 480 BNSS before the concerned court. Anticipatory bail under Section 482 BNSS may also be available if the accused anticipates arrest. Given the severity of the allegations, bail will likely involve conditions such as not contacting the victim, not entering the shared household, and surrendering their passport.
Quashing of FIR / Case
The High Court has inherent powers under Section 528 BNSS to quash an FIR if the allegations do not disclose a cognizable offence, the complaint is mala fide, or the matter is purely civil in nature. In a case involving physical injury, confiscation of documents, and confinement, quashing is unlikely to succeed unless the victim has compromised and the offences are compoundable. Section 93 BNS and Section 127 BNS are compoundable with the victim's consent, but extortion under Section 305 BNS is non-compoundable.
If You Are the Victim
- Preserve every piece of evidence — photos of injuries, screenshots of threats, call recordings (if legal in your state), and any witnesses who saw or heard the abuse.
- Do not erase anything. Keep all medical reports, phone bills showing your phone was deliberately not recharged, and proof that Wi-Fi was cut.
- Contact the nearest women's helpline (181 or 1091) immediately. They can connect you with a shelter if you need to leave the house.
- Do not negotiate or confront the abuser alone. Let the law take its course. Every conversation thereafter should ideally be through your lawyer.
Documents You Must Keep Ready
- Aadhaar card, PAN card, or any government-issued photo identity proof.
- Educational documents (marksheets, admission letters, fee receipts showing you are enrolled).
- Bank account statements or transaction records showing the abuser's financial control.
- Photographs of injuries (scratches, bruises, marks on hands).
- Screenshots or recordings of threats, blackmail, or abusive messages.
- Medical reports from any hospital visit after the assault.
- Copies of previous complaints (if any) made to police or other authorities.
- Proof of residence (rent agreement, utility bills) to establish where the abuse occurred.
What Evidence Is Required?
- Primary evidence: The victim's own statement under oath before the Magistrate — this alone can form the basis of conviction in domestic violence cases under the DV Act.
- Medical evidence: Certificates documenting injuries, especially if obtained within 24-48 hours of the assault.
- Documentary evidence: Withdrawal receipts, transfer proofs, phone recharge denials, or Wi-Fi disconnection logs.
- Digital evidence: WhatsApp messages, SMS, call logs showing threats or blackmail.
- Witness evidence: Neighbours, hostel friends, or college authorities who witnessed the abuse or its aftermath.
How the Police Behave in Such Cases
In domestic violence cases, police are often reluctant to intervene because they view the family relationship as a "private matter." You may face resistance at the police station. Be persistent. Remind them that under the BNSS, a cognizable offence must be registered. If you face refusal, request a written reason and immediately approach the Magistrate. A woman's police station or a female officer can often be more responsive — ask to speak to one.
Timeline of Legal Process
- FIR filing: Day 1 — if the police cooperate, it happens within hours.
- Investigation: 30-60 days — the police examine witnesses, collect evidence, and prepare the chargesheet.
- Chargesheet filing: Within 60-90 days for most offences; the court then takes cognizance.
- Framing of charges: After cognizance, within 30-45 days.
- Trial: 6-12 months if witnesses cooperate; can extend to 2-3 years in complex cases.
- Appeal: 90 days to appeal against acquittal; 30 days against conviction.
How Long Will the Investigation Take?
The police are required by law to complete the investigation and file a chargesheet within 60 days for offences punishable with up to 3 years imprisonment, and within 90 days for more serious offences. In your case, Section 305 BNS carries up to 7 years, so the limit is 90 days. If the chargesheet is not filed within that period, the accused becomes entitled to default bail.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Some offences under BNS are compoundable — meaning the victim and accused can settle the matter with the court's permission. Section 93 BNS (hurt) and Section 127 BNS (wrongful confinement) are compoundable. However, extortion under Section 305 BNS is non-compoundable, meaning the state will continue the prosecution even if the victim settles. Settlement through mediation or Lok Adalat is possible only for the compoundable parts. Make no mistake: if you are under pressure to "compromise" with your family, understand that the criminal case for extortion will not go away unless the court itself drops it.
Common Mistakes People Make
- Delaying the complaint. Evidence fades, memories blur, and courts view delay as a sign that the case may not be serious.
- Destroying evidence. Cleaning the room, deleting messages, or throwing away medical reports — all weaken your case.
- Discussing the case with the abuser. Every conversation can be twisted. Let your lawyer speak for you.
- Engaging a lawyer without domain-specific experience. Domestic violence cases require understanding of both criminal law and the DV Act's civil remedies. A general practitioner may miss the window for interim relief, which is often the most critical step. Experienced counsel knows exactly what evidence to present and when.
- Posting about the case on social media. This can be used against you in cross-examination. Keep the matter private until the trial is over.
- Returning to the shared household after filing a case. The abuser may exploit your vulnerability. Stay at a shelter or with trusted friends.
FAQs People Normally Have
Can I file a case even if I am financially dependent on my abuser?
Yes. Financial dependency does not give anyone the right to abuse you. The DV Act specifically recognizes financial abuse as a form of domestic violence and allows you to claim monetary relief for loss of earnings, medical expenses, and even maintenance.
Will the police arrest my parents immediately?
Not necessarily. For bailable offences like hurt or wrongful confinement, the police can release the accused on bail at the station itself. For non-bailable offences like extortion, the police may arrest and produce them before the Magistrate. The court will decide whether to grant bail.
What if I have no money to pay for a lawyer?
You can approach the court and request that a lawyer be appointed for you. However, this is usually a panel lawyer with heavy workloads. Where possible, try to find an NGO that provides free legal assistance. The Chamber of Advocate Sudhir Rao also handles matters on a needs-based fee structure in deserving cases.
Can I get my phone and laptop back immediately?
The police can seize these items as part of the investigation. However, if they are just your personal belongings and not needed as evidence, you can request the court to return them under a "supurdari" (custody) order during the investigation itself.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India