Molestation and Attempted Rape by a Relative — Legal Steps to Take When Family Threatens a Counter Case

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.

Priya Verma, a young woman living in Gomti Nagar, Lucknow, was alone at home on the afternoon of 18 March 2025 when her husband's cousin, Rakesh Srivastava, entered the premises and sexually assaulted her. He forcibly touched her and attempted rape before she managed to raise an alarm and he fled. Her husband, Anand Verma, returned to find her in a deeply distressed state. They immediately called a trusted family friend for support.

The Srivastava family's response was swift. And alarming. Within hours, Rakesh's relatives were visiting neighbours, spreading a fabricated narrative, threatening the Verma family that if any complaint was filed, they'd lodge a false case against Anand for financial fraud. Priya and Anand were terrified and confused — they consulted a local advocate who advised them simply to "wait and watch," which only cost them critical early days.

On a friend's referral, they approached Advocate Sudhir Rao. The approach changed entirely. Medical examination was arranged without delay, a detailed written complaint was drafted, and the FIR was registered under the correct provisions of the Bharatiya Nyaya Sanhita. The threatened counter-case was addressed through a pre-emptive legal strategy that documented the intimidation itself as an offence. Rakesh was arrested within ten days. The specialised handling of the medical evidence and the structured complaint made a tangible difference to how the police and the Magistrate treated the matter from day one.

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.

Medical Examination Without Delay: The victim must undergo a medical examination at a government hospital as soon as possible. Under Section 397 BNSS, medical examination of rape and sexual assault survivors is mandatory and must be conducted by a registered medical practitioner. Frankly, delay weakens the forensic evidence considerably. Don't wait.

Do Not Engage with the Accused's Family: Any conversation with the threatening relatives, especially without your advocate present, can be used against you. Record any threats you receive — on your phone if possible — and hand those recordings to your lawyer immediately. And here's the thing: even a single unguarded phone call to a hostile relative can complicate your case in ways that take months to undo.

Domain Experience Matters Here: Cases involving sexual assault by a relative, combined with counter-case threats, require an advocate who regularly handles such matters. The procedural steps around medical evidence, Section 179 BNSS provisions for zero FIR, and the evidentiary requirements under the Bharatiya Sakshya Adhiniyam are areas where a general practitioner may not be fully equipped. Engaging someone with specific experience in criminal sexual offences changes the outcome materially.

Applicable Sections of Law

• Section 74 BNS (Assault or Use of Criminal Force on Woman with Intent to Outrage Her Modesty): Covers the molestation/sexual assault component of the incident.
• Section 70 BNS (Rape) read with Section 62 BNS (Attempt to Commit Offences): Attempted rape is punishable under the attempt provisions read with the primary rape section.
• Section 351 BNS (Criminal Intimidation): The threats issued by the accused's family to file a false counter-case constitute criminal intimidation and are independently prosecutable.
• Section 227 BNS (Giving False Evidence / Fabricating Evidence): If the family follows through and files a fabricated complaint, this section applies to them directly.

Punishment and Penalties

• Section 74 BNS (Outraging Modesty): Imprisonment up to 5 years and fine. Cognizable, non-bailable, non-compoundable.
• Section 70 BNS read with Section 62 BNS (Attempted Rape): Imprisonment of not less than 7 years, extendable up to life imprisonment, plus fine. Cognizable, non-bailable, non-compoundable.
• Section 351 BNS (Criminal Intimidation): Imprisonment up to 2 years, or fine, or both. Cognizable, bailable.
• Given the non-bailable nature of the primary offence, bail is not a matter of right for the accused and requires a Sessions Court application.

Jurisdiction — Where to File the Case

The FIR must be filed at the police station within whose territorial jurisdiction the incident occurred — that is, the station covering the area where Priya's residence is located. Under Section 173 BNSS, a Zero FIR can also be filed at any police station if the victim isn't near the jurisdictional station, and it'll be transferred automatically. For trial, offences under Section 70 BNS (rape and attempt) are exclusively triable by a Sessions Court. The Magistrate takes cognizance and commits the case to Sessions. Now, before you act, understand this: getting jurisdiction right from the first step determines which court ultimately tries the case. It's not a formality.

What if Police Refuse to File FIR?

Refusal to file an FIR in a cognizable offence is itself an illegal act. Here's what to do if that happens:

• Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS, which creates a legal obligation on the SP to either direct registration or conduct a preliminary inquiry.
• File a private complaint directly before the jurisdictional Magistrate under Section 175(3) BNSS — the Magistrate can direct the police to register the FIR.
• As held in Lalita Kumari v. Government of UP, 2014, registration of FIR is mandatory for cognizable offences; police have no discretion to refuse.
• If all else fails, approach the High Court under Article 226 seeking a writ of mandamus to compel FIR registration.

Rights of the Accused

Even as the victim pursues justice, knowing these rights exist matters — because the accused's family will almost certainly raise them, loudly and repeatedly:

• Right against self-incrimination under Article 20(3) of the Constitution — the accused cannot be compelled to confess.
• Right to legal representation under Article 22(1) — the accused is entitled to engage an advocate of their choice.
• Right to be produced before a Magistrate within 24 hours of arrest under Section 58 BNSS.
• Right to receive a copy of the FIR and to be informed of the grounds of arrest under Section 47 BNSS.
• Right to have a relative or nominated person informed of the arrest without delay under Section 50 BNSS.

Bail Provisions

Attempted rape under Section 70 BNS read with Section 62 BNS is a non-bailable offence. The accused has no automatic right to bail.

• Anticipatory Bail: The accused may apply under Section 482 BNSS before the Sessions Court or High Court. Given the gravity of the offence, courts typically apply strict scrutiny and the victim's advocate must oppose this application vigorously with affidavit evidence.
• Regular Bail: If arrested, an application under Section 480 BNSS goes to the Sessions Court. Grounds of flight risk, tampering with evidence, and the severity of the offence are relevant considerations.
• The victim's family must be represented at every bail hearing. Uncontested bail applications in serious sexual offence cases often succeed by default.

Quashing of FIR / Case

The accused's family may, at some stage, approach the High Court to quash the FIR under Section 528 BNSS (inherent powers). Be aware of this possibility.

• In cases of rape and attempted rape, the Supreme Court has consistently held in State of Haryana v. Bhajan Lal, 1992 and reaffirmed subsequently that quashing is not permissible where a cognizable, non-compoundable offence is disclosed on the face of the FIR.
• Attempted rape is non-compoundable, meaning the parties can't privately settle and have the case dropped — the State is the complainant.
• Threat-induced compromise affidavits signed under family pressure have been specifically deprecated by courts and won't ordinarily succeed as grounds for quashing.

If You Are the Victim

• Go to the nearest government hospital immediately for a medical examination — do not bathe, change clothes, or clean up before the examination, as physical evidence is critical.
• File the FIR yourself or through a trusted family member at the nearest police station; under Section 173 BNSS, a Zero FIR at any station is perfectly valid.
• Write down everything you remember about the incident — time, sequence of events, what was said, what happened — while it is still fresh. This contemporaneous account is valuable evidence.
• Block or mute the accused's family on all communication channels and do not respond to their threats directly.
• Preserve every threatening message, call record, or visit record as evidence of criminal intimidation under Section 351 BNS.

Documents You Must Keep Ready

• Victim's Aadhaar card and any other government-issued identity proof
• Medical examination report from the government hospital (Medico-Legal Certificate or MLC)
• Copy of the FIR once registered
• Screenshots and recordings of any threats received from the accused's family
• Call logs showing communication or harassment
• Photographs of any physical injuries sustained
• Witness details — names and contact information of anyone who heard or saw anything relevant
• Any CCTV footage from the building, society, or nearby area — request preservation immediately before it is overwritten

What Evidence Is Required?

• Medical/Forensic Evidence (Primary): The MLC report, forensic samples (DNA if applicable), and injury documentation form the backbone of the prosecution case.
• Victim's Statement (Primary): Under Section 183(5) BNSS, the victim's statement in sexual offence cases is recorded by a woman Magistrate wherever possible — this statement carries significant evidentiary weight.
• Witness Testimony: Anyone who saw the accused enter or leave the premises, or heard sounds of distress, is a valuable witness.
• CCTV/Digital Evidence: Camera footage from the building entrance, stairwell, or nearby shops can establish the accused's presence at the scene.
• Electronic Records: Any messages, calls, or social media interaction between the accused and victim before or after the incident.
• Evidence of Threats (Secondary): WhatsApp messages, call recordings, and witness accounts of the family's intimidation support additional charges under Section 351 BNS.

How the Police Behave in Such Cases

Make no mistake — police response in sexual offence cases involving relatives is often complicated by social pressure. Officers may attempt informal mediation, suggest the family "settle it internally," or delay recording the FIR hoping the matter dies down. In some stations, junior officers deflect by saying a senior officer is unavailable. Under Lalita Kumari v. Government of UP, 2014, this is impermissible. If you sense reluctance, ask for the complaint in writing, note the officer's name and badge number, and escalate to the SP in writing the same day. Having your advocate present at the station from the beginning changes the dynamic significantly.

Timeline of Legal Process

• Day 1-3: Medical examination, FIR registration, preservation of CCTV evidence.
• Week 1-4: Police investigation — recording of victim's statement, witness statements, forensic reports dispatched to lab.
• Month 1-3: Forensic laboratory reports received; investigation concluded; chargesheet filed before Magistrate under Section 193 BNSS.
• Month 3-5: Magistrate takes cognizance and commits the case to Sessions Court.
• Month 5-8: Framing of charges by Sessions Court; plea of accused recorded.
• Month 8 onward: Trial — prosecution evidence, cross-examination, defence evidence, arguments.
• Judgment: Sessions Court judgment typically delivered 18-36 months from FIR, depending on court load and complexity.
• Appeal: Either party may appeal to High Court within 90 days of judgment under Section 415 BNSS.

How Long Will the Investigation Take?

Under Section 193 BNSS, the police must file a chargesheet within 60 days of arrest in offences triable by Sessions Court, extendable to 90 days if the accused remains in custody. Forensic reports are often the bottleneck in sexual offence cases and can take 45 to 90 days from a government laboratory.

Advocate Sudhir Rao, Supreme Court of India