Right of Private Defence and Parental Maintenance Obligations for Adult Sons Under Indian Law

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.

Arjun Mehta, 19, was a first-year engineering student at a college in Nagpur. He walked into Advocate Sudhir Rao's office in late March 2025 looking genuinely anxious, and honestly, he had every reason to be. His elder brother Siddharth, 26, had spent the better part of a decade making Arjun's life miserable at their family home in Gomti Nagar, Lucknow. Physical provocation, persistent harassment, unwanted physical contact even after clear refusals, and on one occasion in January 2025, a hard slap across the face in front of their parents. The parents, Arjun explained, had always sided with Siddharth.

Summer vacation was approaching. He had no choice but to return home for two months. He was genuinely afraid. He'd already tried speaking to a family friend who dabbled in general practice law, and that conversation gave him vague reassurances but nothing concrete about his rights under the new criminal law framework, the Bharatiya Nyaya Sanhita. He left that meeting more confused than before.

When Arjun consulted Advocate Sudhir Rao, the approach changed entirely. The specific provisions governing private defence under the BNS were explained clearly, along with the limits of lawful defence. His second concern, whether parents could legally cut off educational funding for an adult son in retaliation, was addressed by reference to both the Hindu Adoptions and Maintenance Act and emerging judicial positions. Arjun left with a written advisory, a clear understanding of what he could lawfully do if physically attacked, and specific guidance on documenting incidents. The specialised handling gave him something the earlier consultation hadn't: a practical, enforceable roadmap.

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: Write down dates, times, what was said or done, and who was present. Photograph visible injuries the same day. WhatsApp yourself a dated note so there's a timestamp. This record becomes critical if a complaint is ever filed.

Don't retaliate disproportionately: The right of private defence is real and legally protected, but it's strictly proportionate. Exceeding that proportionality exposes you to criminal liability. Understand the legal boundary before the situation even arises.

This category of case sits at the intersection of criminal law, personal liberty, and family law maintenance obligations. A general practitioner may not be familiar with how private defence thresholds are assessed under Sections 34 to 44 of the BNS, or how courts have treated parental maintenance disputes involving adult male students. Engaging an advocate who regularly handles matters of this type typically leads to faster clarity and better-structured protection.

Applicable Sections of Law

• Section 34 BNS (Right of Private Defence of Body): Every person has the right to defend their own body against any offence affecting the human body. The right commences when a reasonable apprehension of danger begins.
• Section 37 BNS (Acts which do not constitute private defence): Defines the outer limits, clarifying when the right does not extend to causing death or grievous hurt.
• Section 115 BNS (Voluntarily causing hurt): Applicable to the abusive elder sibling's conduct, including the slap and unwanted physical contact.
• Section 75 of the Hindu Adoptions and Maintenance Act, 1956 read with judicial interpretation: Maintenance obligations of parents toward children, including male adult children still in education, particularly where the child is dependent and the deprivation is retaliatory.

Punishment and Penalties

Section 115 BNS (Voluntarily causing hurt): Imprisonment up to one year, or fine up to Rs. 10,000, or both. Cognizable and bailable.

If hurt is caused by a weapon or results in grievous hurt (Section 117 BNS): Imprisonment up to seven years and fine. Cognizable and non-bailable.

Regarding private defence retaliation: If retaliation strictly conforms to the proportionality requirement under Sections 34–37 BNS, no offence is constituted. Disproportionate retaliation may itself attract Section 115 or Section 117 BNS. Make no mistake, proportionality is everything here.

Offences under Section 115 BNS are compoundable with the permission of the court. Section 117 offences are non-compoundable.

Jurisdiction — Where to File the Case

For an offence of voluntarily causing hurt or wrongful restraint, the complaint must be filed at the police station having territorial jurisdiction over the place where the incident occurred. In this type of case, that would be the police station covering the family home in Lucknow. The Magistrate's court (Judicial Magistrate First Class) in that district has jurisdiction to take cognizance. If police refuse to act or the matter involves a maintenance dispute, the appropriate civil court is the Family Court or District Court at Lucknow. And here's the thing, jurisdiction matters more than people realise, because filing in the wrong forum can cause delays and procedural dismissals that are entirely avoidable.

What if Police Refuse to File FIR?

Police sometimes treat domestic assault between siblings as a private family matter and decline to register an FIR. Here's what you can do if that happens:

• Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS, clearly stating that the jurisdictional station refused to register the FIR.
• File a private complaint directly before the Judicial Magistrate First Class under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
• If both fail, a writ petition under Article 226 before the High Court (Allahabad High Court for Lucknow jurisdiction) is available as a last resort.
• In Lalita Kumari v. Government of Uttar Pradesh, 2014, the Supreme Court held that registration of FIR is mandatory for cognizable offences. Use this precedent when approaching the police in writing.

Rights of the Accused

If you retaliate and find yourself on the receiving end of a complaint, know your rights:

• Right against self-incrimination under Article 20(3) of the Constitution. You're not obliged to make any statement to police.
• Right to legal representation at every stage under Article 22(1). Insist on this immediately upon any police interaction.
• Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) and Section 57 BNSS.
• Right to receive a copy of the FIR and to be informed of the grounds of arrest under Section 47 BNSS, as reinforced in D.K. Basu v. State of West Bengal, 1997.
• Right to have a person of your choice informed of your arrest under Section 50 BNSS.

Bail Provisions

Offences under Section 115 BNS (simple hurt) are bailable, meaning bail is available as a matter of right from the police station itself. No separate application to court is necessary for bailable offences. If the charge escalates to Section 117 BNS (grievous hurt), the offence becomes non-bailable and bail must be sought from the Magistrate under Section 480 BNSS or the Sessions Court under Section 483 BNSS. Frankly, don't wait for an arrest to think about this. Anticipatory bail under Section 482 BNSS should be applied for in advance if there's a credible apprehension of arrest, particularly if you suspect the other side may file a complaint first. Typical bail conditions include furnishing a surety, surrendering a passport, and appearing before the investigating officer as directed.

Quashing of FIR / Case

FIR filed against you for what was lawfully proportionate private defence? Quashing is a meaningful remedy. The High Court has inherent powers under Section 528 BNSS to quash an FIR where no prima facie cognizable offence is disclosed, or where the complaint is manifestly an abuse of process. In State of Haryana v. Bhajan Lal, 1992, the Supreme Court laid down the categories of cases where quashing is appropriate. And here's the thing, where the physical confrontation falls squarely within the private defence threshold and there's documentary or medical evidence to support that, quashing petitions in sibling assault disputes have a reasonable foundation. Timing matters. File promptly, before chargesheet is submitted.

If You Are the Victim

• Photograph all visible injuries immediately after the incident and preserve those images with timestamps.
• Visit a government hospital or registered medical practitioner on the same day to get injuries documented on a medico-legal certificate (MLC).
• File a written complaint at the nearest police station. If you're refused, escalate to the SP in writing citing Lalita Kumari v. Government of Uttar Pradesh, 2014.
• Preserve all text messages, call recordings (if lawfully made), and any witness details, including neighbours or relatives who may have witnessed prior incidents.
• If there's an immediate threat to safety at home, a Magistrate can be approached under Section 144 BNSS for a preventive order.

Documents You Must Keep Ready

• Aadhaar card and PAN card (identity and address proof)
• Medico-legal certificate from the hospital following any incident of physical hurt
• Photographs of injuries with metadata intact (do not edit or screenshot)
• Written diary or log of incidents with dates, times, and descriptions
• Copies of any prior complaints made to parents, relatives, or any authority
• Screenshots of threatening or harassing messages from the sibling
• College enrollment certificate and fee receipts (relevant to the maintenance/education funding question)
• Bank statements showing financial dependence on parents

What Evidence Is Required?

• Medico-legal certificate: Primary evidence of physical hurt. Issued by a registered doctor and is admissible directly under Section 57 of the Bharatiya Sakshya Adhiniyam, 2023.
• Photographic evidence: Timestamped photographs of injuries. Secondary but highly persuasive corroboration.
• Witness testimony: Statements from any person who witnessed the assault or the history of harassment, including neighbours or relatives.
• Electronic records: WhatsApp messages, call logs, or audio/video recordings lawfully captured, admissible under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
• Prior complaint records: Any earlier written complaints or police entries (NCR) that establish a pattern of behaviour.
• Financial records for maintenance claim: College fee receipts, bank statements, and proof of parental income to support a maintenance application.

How the Police Behave in Such Cases

Now, before you call your advocate, understand what to expect. In sibling assault cases occurring within a family home, police often characterise the matter as a domestic dispute and discourage formal complaints. They may suggest mediation between the parties, pressure the complainant to "sort it out at home," or register only an NCR (Non-Cognizable Report) instead of a full FIR. This is particularly common where the abuser is older and the parents aren't supportive. Being aware of this tendency in advance allows you and your advocate to insist on proper registration from the outset, citing the Supreme Court's ruling in Lalita Kumari, 2014, and prevents early procedural dilution of the case.

Timeline of Legal Process

• Day 1–3: File FIR or complaint at local police station. Obtain MLC from hospital on the day of assault.
• Week 1–2: Police begin preliminary inquiry. Statements of complainant and witnesses recorded.
• Week 2–8: Investigation phase. Police may call parties, collect evidence, inspect scene.
• 60–90 days: Chargesheet (Charge Report) filed before Magistrate under Section 193 BNSS.
• Month 3–4: Magistrate takes cognizance, issues process (summons or warrant).
• Month 4–6: Framing of charges before trial court.
• Month 6 onwards: Trial commences. Prosecution evidence, defence evidence, arguments.
• 1–3 years (typical): Judgment at Magistrate/Sessions level.
• Post-judgment: Appeal to Sessions Court or High Court if required.

How Long Will the Investigation Take?

For an offence under Section 115 BNS (simple hurt), the BNSS prescribes a 60-day investigation period for most offences before chargesheet must be filed. In practice, for a straightforward sibling assault where medical evidence and witnesses are available, investigation is often completed within 30 to 45 days. Where police show reluctance to investigate promptly, your advocate can move the Magistrate to supervise the investigation or issue directions to the station house officer. Don't assume the timeline will run on its own. Follow up actively.

Advocate Sudhir Rao, Supreme Court of India