When a Family Member Becomes a Threat: Legal Options for Domestic Violence and Harassment at Home

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.

Rohan Verma, a young man in his early twenties from Gomti Nagar, Lucknow, came to our office in late February 2025 in a state of visible distress. His elder brother Deepak, aged 29, had run away from the family home roughly three years prior. After an exhaustive search, the family eventually located Deepak in Nagpur, where he was working daily-wage shifts at a small roadside eatery. At the parents' repeated insistence, Deepak returned home. Their father, a businessman running a modest textile trading firm under the Alok Textiles banner in Gomti Nagar, gave Deepak a stake in the business and arranged his marriage to a young woman from a decent family.

Things fell apart fast. Deepak became physically abusive toward his wife, who was petite and in a vulnerable condition — she is now pregnant and the couple are on the verge of separation. He began blaming his parents for every failure in his life, from the collapsing marriage to what he called his "years of wasted potential." Fights with Rohan and their father turned physical. Their mother was beaten on more than one occasion and subjected to verbal abuse that Rohan described as deeply degrading. Deepak continued arriving at the family home unannounced, creating scenes, threatening, and resuming physical altercations.

Rohan's family had earlier approached a general civil lawyer, who filed a basic police complaint that went largely unactioned. When Rohan eventually reached our office, a structured approach combining a formal complaint under the Bharatiya Nyaya Sanhita with an application for a Protection Order under the Protection of Women from Domestic Violence Act, 2005 was put into motion. The police became responsive once the procedural groundwork was properly laid. The family began seeing meaningful relief within weeks, something the earlier approach had not managed to deliver.

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.

Document every incident immediately: Each time a violent or threatening incident occurs, write it down with the exact date, time, and nature of the incident. Photographs of injuries, medical records, and even voice recordings (where legally permissible) are extremely useful. Don't wait to compile this retrospectively — contemporaneous records carry far more evidentiary weight.

Do not engage or retaliate physically: It may be tempting to physically resist an aggressor, especially when your family is at risk. But any physical retaliation can be used by the aggressor to file a counter-complaint. Let the legal system handle enforcement once the complaint is filed.

And here's the thing — cases involving domestic violence and intra-family aggression require advocates with specific experience in both criminal complaint strategy and protection order proceedings. General practitioners may not be fully familiar with the procedural interplay between BNS offences and the civil remedies available under the Domestic Violence Act, and that gap in experience can significantly delay relief.

Applicable Sections of Law

• Section 115 BNS (Voluntarily causing hurt): Applicable where the aggressor physically strikes or injures family members. Punishable with imprisonment up to one year or fine up to Rs. 10,000.
• Section 351 BNS (Criminal intimidation): Covers threats made to cause fear of injury to person or property. Applicable to threats issued during confrontations.
• Section 74 BNS (Assault or use of criminal force on a woman): Directly applicable where the mother or sister-in-law has been physically assaulted or subjected to criminal force.
• Protection of Women from Domestic Violence Act, 2005 (Sections 18, 19, 20): Provides Protection Orders, Residence Orders, and Monetary Relief Orders respectively — civil remedies that can legally bar the aggressor from entering the shared household or contacting the victims.
• Section 126 BNSS: Empowers a Magistrate to require a person to execute a bond for keeping peace — highly relevant where someone poses a continuing threat to family members.

Punishment and Penalties

• Section 115 BNS (Voluntarily causing hurt): Imprisonment up to one year and/or fine up to Rs. 10,000. Cognizable, bailable, and compoundable with the victim's permission.
• Section 351 BNS (Criminal intimidation): Imprisonment up to two years, or fine, or both. Where threat involves death or grievous hurt, imprisonment may extend to seven years. Non-bailable in aggravated form.
• Section 74 BNS (Assault on a woman): Imprisonment of either description up to two years, or fine, or both. Cognizable and non-bailable.
• Breach of Protection Order under DV Act: Punishable with imprisonment up to one year or fine up to Rs. 20,000 or both under Section 31 of the Act.

Jurisdiction — Where to File the Case

For criminal complaints under BNS, the FIR must be lodged at the police station having territorial jurisdiction over the area where the assault or threat took place — in this case, the station covering Gomti Nagar, Lucknow. For proceedings under the Protection of Women from Domestic Violence Act, 2005, the application is filed before the Judicial Magistrate First Class (JMFC) having jurisdiction over the area where the victim resides or where the cause of action arose, as affirmed in Shyamlal Devda v. Parimala, 2020 (SC). For a bond of good behaviour under Section 126 BNSS, the Executive Magistrate of the relevant area has jurisdiction. Getting jurisdiction right from the outset saves weeks of unnecessary delay.

What if Police Refuse to File FIR?

Police reluctance in intra-family disputes is unfortunately common. If the officer-in-charge refuses to register the FIR, the law provides clear escalation routes.

• Submit a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS, who is duty-bound to either investigate or direct registration.
• File a private complaint directly before the Judicial Magistrate under Section 175(3) BNSS, bypassing the police entirely. The Magistrate can direct investigation or take cognizance directly.
• If both avenues fail, file a writ petition before the High Court under Article 226 of the Constitution, citing the directions in Lalita Kumari v. Government of UP, 2014 (SC), which mandates FIR registration for cognizable offences.
• Keep a copy of every written complaint submitted, along with postal receipts or acknowledgement stamps, as proof of having approached authorities.

Rights of the Accused

Even when the accused is a family member whose behaviour is clearly threatening, the law still recognises certain rights. These exist to protect the integrity of the process. Frankly, understanding them helps the complainant's side too — you don't want procedural errors giving the accused grounds to challenge the case later.

• Right against self-incrimination: Under Article 20(3) of the Constitution, no person accused of an offence can be compelled to be a witness against himself.
• Right to legal representation: Under Article 22(1), every person arrested has the right to consult and be defended by a legal practitioner of their choice.
• Right to be produced before a Magistrate within 24 hours: Guaranteed under Article 22(2) and Section 57 BNSS. Any detention beyond 24 hours without Magistrate's order is unlawful.
• Right to know grounds of arrest: Under Section 47 BNSS, the accused must be informed of the grounds of arrest at the time of arrest.
• Right to a copy of the FIR: The accused is entitled to receive a copy of the FIR free of cost under Section 173(2) BNSS.

Bail Provisions

The bail character of the offences involved varies. Section 115 BNS (voluntarily causing hurt) is bailable, meaning the accused can claim bail as a matter of right from the police station. Section 74 BNS (assault on a woman) is non-bailable, meaning bail must be sought from a Magistrate. Anticipatory bail under Section 482 BNSS is available before arrest if the accused apprehends arrest. Regular bail after arrest is governed by Section 480 BNSS for bailable offences and Section 483 BNSS for non-bailable offences. Now, before you assume this is purely the other side's concern — bail conditions typically include a direction not to contact the complainants and not to visit the shared residence, conditions that directly serve the family's protection interest, and your advocate should specifically request them.

Quashing of FIR / Case

Make no mistake — the accused may attempt to have the FIR quashed once it is registered. Under Section 528 BNSS, the High Court has inherent powers to quash proceedings to prevent abuse of process or to secure the ends of justice, as discussed in State of Haryana v. Bhajan Lal, 1992 (SC). Quashing is typically possible where there is no prima facie offence disclosed, or where the offence is compoundable and the parties have genuinely settled. In cases involving repeated physical violence and documented injuries, quashing on merits is difficult. But the complainant's advocate must remain vigilant — if a quashing petition is filed, all medical and documentary evidence must be placed on record before the High Court promptly.

If You Are the Victim

• File a written complaint at your nearest police station immediately after any incident of physical assault. Request a copy of the FIR or the complaint acknowledgement before leaving.
• Seek medical attention after any assault, even if injuries appear minor. A medico-legal examination (MLC) at a government hospital creates an official injury record that is very difficult to dispute later.
• Apply to the Magistrate for a Protection Order under Section 18 of the Protection of Women from Domestic Violence Act, 2005, to legally prohibit the aggressor from entering your home or contacting you.
• Apply to the Executive Magistrate for a preventive order under Section 126 BNSS requiring the aggressor to furnish a bond for keeping the peace.
• Keep emergency contact numbers — police helpline 100 and the Women's Helpline 181 — readily accessible at all times.

Documents You Must Keep Ready

• Aadhaar card and PAN card of all complainants
• Medico-legal examination (MLC) reports from government hospitals documenting injuries
• Photographs of injuries, damaged property, or any physical evidence of violence
• Any prior police complaints or written complaints submitted to authorities (with acknowledgement)
• Call records and saved voice messages or text messages showing threatening communications
• Video or CCTV footage from the home premises or surrounding areas, if available
• Written diary or log of incidents with dates, times, and descriptions in your own hand
• Witness details — names and contact information of neighbours or family members who witnessed incidents

What Evidence Is Required?

• Medical records (MLC reports): Primary evidence of physical injury. These are official documents and carry substantial weight before courts.
• Photographic and video evidence: Photographs of injuries and video recordings of violent incidents, dated and preserved without alteration.
• Audio recordings: Recorded phone calls or in-person recordings of threats (note: admissibility may depend on the manner of recording; consult your advocate before relying solely on these).
• Digital communications: WhatsApp messages, SMS, or email containing abusive language or threats — preserved as screenshots with metadata intact.
• Eyewitness testimony: Oral evidence from neighbours, domestic help, or other family members who witnessed the violence or threats.
• Prior complaint records: Any previously filed complaints, even if unactioned, establish a pattern and timeline of behaviour.
• Incident diary: A contemporaneous personal log admissible as a prior statement to corroborate oral testimony.

How the Police Behave in Such Cases

Police often treat intra-family violence as a "domestic matter" and may initially discourage formal complaints, urging the parties to settle privately. This attitude is legally improper. The Supreme Court made this clear in Lalita Kumari v. Government of UP, 2014 — registration of an FIR is mandatory for cognizable offences. In practice, police tend to become more responsive once a written complaint citing specific BNS sections is placed on record, or once Magistrate involvement is imminent. Having an advocate formally engage the station through a written representation typically changes the response considerably. Don't be discouraged by initial reluctance at the police station.

Timeline of Legal Process

• Week 1-2: Lodge FIR at the territorial police station. Simultaneously apply to Magistrate for Protection Order under DV Act. Apply to Executive Magistrate for preventive bond under Section 126 BNSS.
• Week 2-6: Police investigation — recording of statements, collection of medical reports, and examination of witnesses.
• Within 60-90 days: Filing of chargesheet (challan) before the Magistrate's court under

Advocate Sudhir Rao, Supreme Court of India