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: Women facing a pattern of physical abuse, sexual assault, and career sabotage in relationships have legal remedies including filing an FIR under BNS for sexual assault and physical hurt. Multiple victims can strengthen the case significantly. Documentation of threats, medical evidence, and consistent witness statements are critical for prosecution.
A young woman from Pune — let's call her Priya — reached out to the office of Advocate Sudhir Rao after months of suffering in silence. She had been in what seemed like a loving relationship with Arun Malhotra, a software engineer she met through mutual friends. Within months, the facade crumbled. Arun would pick fights before her important work meetings, sabotage her interview preparation, and once physically assaulted her when she got promoted. His threats were chilling — he'd warn her in Hindi that he'd "crush her throat" or "smash her head." After one particularly bad panic attack, Priya took her anxiety medication and rested. In that vulnerable state, Arun penetrated her with his fingers while she repeatedly said no. She couldn't move due to the medication. The pattern emerged when Priya connected with Kavita, Arun's ex-girlfriend from Indore. Kavita described identical behaviour - emotional abuse, threats, deliberate career sabotage, and his mother's disturbing advice to "explore women until age 29 and then marry a fair-skinned girl from their caste." Kavita had earlier approached a general practitioner who dismissed her case as a mere relationship dispute. That changed when she connected with Priya and they both approached the office of Advocate Sudhir Rao. Advocate Sudhir Rao's expertise in handling complex criminal matters involving sexual assault and pattern-based exploitation helped secure the filing of a comprehensive FIR that documented both women's experiences. The specialised approach — linking the threats, the pattern of abuse across two victims, and the medical evidence — made the case stronger than either woman could have pursued alone.
Key Facts of the Case
- Priya and Arun were in a relationship for approximately 14 months in Pune
- Arun physically assaulted Priya on multiple occasions, leaving visible bruises
- He threatened her with words like "I'll crush your throat" and "I'll smash your head"
- Arun sexually assaulted Priya by inserting his fingers into her vagina without consent while she was incapacitated due to anxiety medication
- He deliberately sabotaged her career by initiating fights before interviews and asking her to reject her promotion
- A second woman, Kavita, reported identical pattern of abuse, threats, and manipulation
- Arun's mother allegedly encouraged him to exploit women and then marry a "suitable" girl
- Both victims filed a joint FIR under relevant BNS sections at the local police station
The Direct Legal Answer
Can forced digital penetration be considered rape under Indian law?
Yes. Under Section 63 of the Bharatiya Nyaya Sanhita (BNS), the definition of rape includes penetration of the vagina by any object or any body part other than the penis. This means inserting fingers into a woman's vagina without her consent falls squarely within the legal definition of rape. The fact that Priya repeatedly said "no" and was physically unable to move due to medication makes consent impossible.
Are threats like "I'll crush your throat" a criminal offence?
Absolutely. Threats of physical harm constitute criminal intimidation under Section 351 BNS. When such threats are accompanied by physical assault, the offence escalates. The specific words used in Hindi — "gala daba dunga" and "sir phod dunga" — are direct threats of grievous harm.
Can multiple victims file a joint case?
Yes, and it's often strategically beneficial. When two or more women come forward with identical patterns of abuse, exploitation, and threats, it demonstrates a systematic pattern rather than isolated relationship disputes. This significantly strengthens the prosecution's case and makes it harder for the accused to claim the allegations are fabricated.
Does sabotaging someone's career have legal consequences?
While emotional manipulation and career sabotage alone may not constitute a distinct criminal offence, they form crucial evidence of the abusive pattern when combined with physical assault, threats, and sexual offences. These actions demonstrate control, domination, and malicious intent — all relevant in establishing the complete picture before the court.
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.
Don't delay. Gather every shred of evidence — screenshots of threats, medical records of injuries, voice recordings if legally permissible. If there are other victims, reach out to them. A united front changes everything. This is not a case for a general practitioner. The procedural nuances in sexual assault cases — particularly around medical examination, Section 164 CrPC statements, and evidence preservation — require an advocate who handles criminal matters regularly. A specialist knows how to frame the FIR, what forensic evidence to demand, and how to counter defence tactics in court.
Applicable Sections of Law
Key provisions under the Bharatiya Nyaya Sanhita (BNS) 2023 that apply to this situation include:
- Section 63 BNS — Rape: covers penetration by any body part or object without consent, including digital penetration
- Section 351 BNS — Criminal intimidation: threats to cause injury to person or reputation
- Section 123 BNS — Voluntarily causing hurt: covers physical assault resulting in bodily pain or bruises
- Section 74 BNS — Assault or use of criminal force to a woman with intent to outrage her modesty
These sections are cognizable and non-bailable, meaning police can arrest without warrant and bail is not automatic.
Punishment and Penalties
- Section 63 BNS (Rape): Minimum 10 years rigorous imprisonment, maximum life imprisonment, plus fine. Non-bailable. Cognizable. Non-compoundable.
- Section 351 BNS (Criminal intimidation): Up to 2 years imprisonment or fine or both. Bailable. Non-cognizable in some circumstances.
- Section 123 BNS (Voluntarily causing hurt): Up to 1 year imprisonment or fine up to Rs. 5,000 or both. Bailable. Cognizable.
- Section 74 BNS: Up to 2 years imprisonment or fine or both. Bailable. Cognizable.
Jurisdiction — Where to File the Case
For criminal cases, the FIR must be filed at the police station where the offence occurred or where any part of the offence took place. In Priya's case, the sexual assault and physical abuse happened in Pune, so the jurisdiction lies with the Pune police. The case will eventually be tried in the Sessions Court, as rape and serious sexual offences are exclusively triable by Sessions Court. For multiple incidents across cities, counsel can argue for jurisdiction based on the primary location or where most evidence is located.
What if Police Refuse to File FIR?
If the police refuse to register an FIR on a complaint involving a cognizable offence like sexual assault or physical hurt, the victim has clear legal remedies:
- Approach the Superintendent of Police (SP) under Section 173(4) BNSS with a written complaint
- File a private complaint before the Judicial Magistrate under Section 175(3) BNSS
- The Magistrate can direct police to investigate under Section 175(3) BNSS
- File a writ petition before the High Court as a last resort
Document everything. Keep a copy of your complaint with the police station's dated stamp. If they refuse to accept it, send it by registered post. Never let their apathy stop you.
Rights of the Accused
The accused is entitled to several fundamental rights during the legal process:
- Right to remain silent and against self-incrimination (Article 20(3) of the Constitution)
- Right to be informed of grounds of arrest and to consult a lawyer (Article 22)
- Right to be produced before a Magistrate within 24 hours of arrest
- Right to a copy of the FIR and all documents relied upon by prosecution
- Right to bail where the offence is bailable, or to seek bail where it is not
These rights must be respected. However, they do not diminish the victim's right to a fair trial and protection from the accused during the proceedings.
Bail Provisions
For offences under Section 63 BNS (rape), the offence is non-bailable. This means bail is not a matter of right and the accused must apply to the court. Anticipatory bail under Section 482 BNSS (pre-arrest bail) can be sought by the accused before arrest. The court considers factors like the gravity of the offence, whether the accused is a flight risk, and whether there's likelihood of tampering with evidence. In cases involving multiple victims and a clear pattern of abuse, courts are generally cautious about granting bail early. Regular bail under Sections 480/483 BNSS can be applied for after arrest.
Quashing of FIR / Case
The High Court has inherent powers under Section 528 BNSS to quash an FIR or criminal proceedings. Grounds for quashing include: the FIR does not disclose any prima facie offence, the allegations are patently false and an abuse of court process, or the matter has been genuinely compromised between parties (where the offence is compoundable). However, for non-compoundable offences like rape, quashing on grounds of compromise is extremely rare and only permitted in exceptional cases. The pattern of abuse across multiple victims makes quashing very difficult for the accused.
If You Are the Victim
- Document everything: save screenshots, voice recordings (if legally permissible), messages, and emails
- Get a medical examination immediately after any physical or sexual assault — preserve forensic evidence
- File an FIR at the nearest police station without delay; don't let fear stop you
- Connect with other victims if you suspect a pattern — strength in numbers
- Seek professional counselling to process the trauma; your mental health matters
Documents You Must Keep Ready
- Aadhaar card and PAN card for identity verification
- Medical records, injury photographs, and forensic reports (if available)
- Screenshots of threats, abusive messages, and call recordings
- Any correspondence with the accused, including emails or chat transcripts
- Witness statements, especially from other victims who experienced similar patterns
- Employment records showing career sabotage (e.g., missed interviews, lost promotions)
What Evidence Is Required?
- Medical examination report documenting injuries, bruises, or signs of sexual assault
- Forensic evidence (DNA, swabs, clothing) preserved through proper chain of custody
- Digital evidence: messages, call logs, emails, social media posts containing threats
- Voice recordings of threats or abusive conversations (ensure legal admissibility under Section 65B of Indian Evidence Act)
- Witness testimony: the victim's own statement under Section 164 BNSS before a Magistrate, and statements of other victims
- Documents showing pattern of exploitation (e.g., consistent timing of abuse before important events)
How the Police Behave in Such Cases
Police response to sexual assault and relationship-abuse complaints varies. Some officers are sympathetic, especially when the victim presents clear evidence. Others may try to minimise the matter as a "relationship dispute" or ask the victim to compromise. That's where having an advocate matters. A specialist lawyer knows how to insist on proper investigation, demand timely medical examination, and ensure the FIR captures all relevant sections. If police are unhelpful, the advocate can escalate to higher authorities or the Magistrate under BNSS provisions.
Timeline of Legal Process
- Day 1-7: FIR registration and initial medical examination
- Week 1-3: Police investigation, recording of statements under Section 183 BNSS, collection of evidence
- Month 1-3: Filing of chargesheet by police; Magistrate or Sessions Court takes cognizance
- Month 2-4: Framing of charges against the accused
- Month 4-12: Trial — prosecution evidence, cross-examination, defence evidence
- Month 12-18: Final arguments and judgment
- Post-judgment: Appeal if any party is aggrieved (can take 6-12 months additional)
How Long Will the Investigation Take?
Under BNSS, police must complete investigation and file chargesheet within 60-90 days for most offences. For sexual offences, the timeline is stricter. If chargesheet is not filed within the prescribed period, the accused may seek default bail. Realistically, serious investigations involving forensic evidence and multiple witnesses can take 2-4 months before chargesheet is filed.
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?
Sexual assault and rape cases under Section 63 BNS are non-compoundable — meaning they cannot be settled privately between parties. The state prosecutes these offences. However, the accused may seek bail or quashing. For less serious offences like criminal intimidation or simple hurt, compromise may be considered by the court in appropriate cases. Mediation is generally not advisable in cases involving sexual violence, as power dynamics make genuine consent impossible. Lok Adalat cannot handle non-compoundable criminal offences.
Common Mistakes People Make
- Delaying the complaint: Evidence degrades, memories fade, and courts view delay with suspicion. File the FIR as soon as possible.
- Destroying evidence: Deleting messages, washing clothes after assault, or not preserving medical evidence weakens the case critically.
- Engaging a lawyer without domain experience: A general practitioner may not know how to frame the FIR properly, what evidence to demand from police, or how to handle Section 164 statements. This case requires a criminal law specialist who handles sexual assault matters regularly — the procedural nuances matter enormously.
- Contacting the accused directly after the offence: Any communication can be twisted by defence lawyers. Let your advocate handle all interactions.
- Posting about the case on social media: Social media posts can be used by the defence to challenge your credibility. Stay off public platforms until the trial concludes.
- Going alone: If there are other victims, don't isolate yourself. Joint complaints are far more powerful than individual ones.
FAQs People Normally Have
Can I file a case if the relationship was consensual at first?
Yes. Consent given initially does not imply ongoing consent for all acts. When consent is withdrawn and the accused continues the act, it becomes an offence. Similarly, consent obtained through fraud or threat — like false promise of marriage — is not valid consent under law.
What if I don't have medical evidence from the day of assault?
It makes the case harder but not impossible. Courts can rely on your testimony, witness statements, digital evidence of threats, and corroborative conduct. However, medical evidence is extremely valuable. If you have any injuries, photographs taken later can still be used alongside your explanation for the delay.
Can the accused get bail easily?
For rape under Section 63 BNS, no — bail is not automatic. The court considers the gravity of the offence, whether the accused is a flight risk, and whether there's danger of witness intimidation. With multiple victims and a clear pattern, bail becomes even harder for the accused to obtain.
Will I have to face the accused in court?
Yes, potentially. However, courts take measures to protect victims, including in-camera proceedings (closed to public), screens to block direct sight of the accused, and allowing video-link testimony. Your advocate can request these protections.
How long will the entire case take?
Criminal trials in India typically take 1 to 3 years from FIR to final judgment, depending on court backlog, complexity of evidence, and number of witnesses. Appeals can add another 6-12 months. Specialist representation can help expedite the process by ensuring smooth procedure.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
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.