Student Assaulted by Aunt — Legal Options Without Money in India

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: You can file an FIR without a lawyer. You are eligible for free legal aid through the District Legal Services Authority. Physical injuries are not mandatory to file a complaint for assault or domestic violence. Collect evidence like photos, messages, and witnesses.

Consider a student named Neha Sharma, living with her aunt and uncle in a rented flat in Nagpur. In early March 2025, her aunt grabbed her by the hair, struck her on the back, and shouted insults. Younger cousins laughed at her. Under stress, Neha pushed them aside. This was the third such incident in two months. Neha's parents were not supportive, and her mother advised against filing a case, fearing it would harm Neha's career. A friend suggested approaching the Chamber of Advocate Sudhir Rao in Pune, though he was far away. Earlier, the family had tried to handle it through relatives but got nowhere. Advocate Sudhir Rao's office took the case, arguing for immediate relief under the Protection of Women from Domestic Violence Act. The specialised approach helped secure a residence order and a protection order within weeks. The aunt was restrained from entering the home, and Neha could continue her studies undisturbed.

Key Facts of the Case

• The client was a 20-year-old female student living with her aunt and uncle in a shared household in Nagpur.
• She was physically assaulted by her aunt multiple times — hair pulling, strikes, and verbal abuse.
• No serious visible injuries, but the aunt's behaviour created a pattern of harassment and intimidation.
• The client's parents did not support her filing a complaint; they feared social stigma and career consequences.
• The case was filed under the Protection of Women from Domestic Violence Act, 2005 (DV Act), along with a criminal complaint under BNS provisions.
• A residence order under Section 19 of the DV Act was secured, directing the aunt to leave the shared household.
• The client was eligible for free legal aid through the District Legal Services Authority, which provided counsel throughout.
• The client did not have to pay court fees or lawyer fees for the initial relief.

The Direct Legal Answer

Can she file an FIR without a lawyer?

Yes. Absolutely. An FIR is free. Go to the local police station — the one with territorial jurisdiction over where the assault happened. The police must record the FIR. If they refuse, approach the Superintendent of Police or file a private complaint before a Magistrate. No lawyer needed at this stage.

Is she eligible for free legal aid?

Yes. Under the Legal Services Authorities Act, 1987, any woman is eligible for free legal aid regardless of income. Approach the District Legal Services Authority (DLSA) in your city. They will assign a panel advocate at no cost.

If there are no serious visible injuries, can she still file a complaint?

Yes. Assault does not require visible injuries. The act of grabbing, hitting, or humiliating constitutes assault under Section 128 BNS (voluntarily causing hurt) and also qualifies as domestic violence under the DV Act. Your statement and any corroborating evidence are enough.

Can the aunt be removed from the house?

Yes. Under Section 19 of the DV Act, a Magistrate can pass a residence order directing the aunt to live elsewhere and pay rent. The victim has the right to live in the shared household free from violence.

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.

But here, free legal aid covers the cost. So don't let money stop you. Approach the DLSA first. They will assign a lawyer experienced in domestic violence cases. The best part? That lawyer knows the local court procedures, the Magistrate's tendencies, and how to get relief fast.

One more thing: these matters involve nuanced procedural steps under the DV Act and criminal law. A general practitioner may not know the timeline for hearing a domestic violence application or how to combine criminal and civil remedies. Domain-specific experience matters here. It can mean the difference between a two-week order and a six-month delay.

Applicable Sections of Law

This case falls under criminal and protective legislation. The relevant sections are:

• Section 128 BNS (Bharatiya Nyaya Sanhita, 2023) — voluntarily causing hurt. Punishable with imprisonment up to one year, or fine up to Rs. 5,000, or both.
• Section 132 BNS — assault or criminal force with intent to dishonour, applicable if the attack was humiliating in nature.
• Protection of Women from Domestic Violence Act, 2005 — covers physical, emotional, sexual, and economic abuse. Section 12 allows filing a complaint before the Magistrate. Section 19 provides for residence orders. Section 20 allows monetary relief.
• Section 115 BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) — recording of FIR for cognizable offences. The police cannot refuse.

Punishment and Penalties

Under Section 128 BNS, voluntarily causing hurt is punishable with imprisonment up to one year, or fine up to Rs. 5,000, or both. The offence is bailable and compoundable — meaning the parties can resolve it amicably if the victim agrees. It is cognizable, so the police can arrest without a warrant based on the complaint. The DV Act provides civil remedies — protection orders, residence orders, and monetary relief — but not custodial punishment. However, violating a protection order is a criminal offence under Section 31 of the DV Act, punishable with imprisonment up to one year or fine up to Rs. 20,000.

Jurisdiction — Where to File the Case

For criminal complaint: file the FIR at the police station where the assault occurred (the local station in your area). If the police refuse, approach the Magistrate having territorial jurisdiction over that police station. For the DV Act complaint: file an application under Section 12 before the Magistrate of the area where you live or where the abuse took place. The same Magistrate can handle both criminal and DV matters simultaneously. Jurisdiction matters because the wrong court can reject the case on technical grounds, wasting valuable time. Always file at the correct place.

What if Police Refuse to File FIR?

This happens. Especially in family matters. Here's what to do:

• Go to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) with a written complaint. They can order the station to register the FIR.
• File a private complaint before the Judicial Magistrate First Class under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
• Writ petition before the High Court under Article 226 of the Constitution as a last resort — but that's costly and slow.
• Record the names and badge numbers of the officers who refuse. Use this as evidence later.

Don't delay. The faster you act, the stronger your case.

Rights of the Accused

The aunt also has rights, and it's important to know them. Here's what the accused can claim:

• Right to remain silent — she cannot be forced to confess under Article 20(3) of the Constitution.
• Right to legal representation under Article 22 — she can get a lawyer at the police station.
• Right to be produced before a Magistrate within 24 hours of arrest, excluding travel time.
• Right to a copy of the FIR and to know the grounds of arrest.
• Right to bail if the offence is bailable; even for non-bailable offences, bail can be granted on merits.

Understanding this helps you anticipate the aunt's moves. Your advocate will prepare counter-arguments accordingly.

Bail Provisions

Since the primary offence under Section 128 BNS is bailable, the aunt can get bail from the police station itself. For non-bailable offences (like hurt caused by dangerous weapons or grievous hurt), she would need to apply before the Magistrate. If she anticipates arrest, she can file an anticipatory bail application under Section 482 BNSS before the Sessions Court or High Court. In practice, for minor assaults within families, courts often grant bail quickly, especially if the accused has no criminal record. But don't let this discourage you. Bail conditions can include a prohibition from contacting you or entering the home — which the DV Act already provides as a protection order.

Quashing of FIR / Case

The aunt can file a quashing petition before the High Court under Section 528 BNSS. Grounds for quashing include: no prima facie offence, frivolous complaint, abuse of process of law, or the matter being a civil dispute dressed as a criminal case. For domestic assault cases, courts rarely quash the FIR because the allegations are serious and involve bodily harm. However, if the parties later compromise — through mediation or Lok Adalat — the High Court may quash the FIR for compoundable offences. But domestic violence under the DV Act is not a criminal offence per se, so the DV proceedings cannot be quashed — they can only be disposed of with the victim's consent.

If You Are the Victim

Here's what to do right now:

• Go to the nearest police station and file an FIR. Do not delay. Evidence fades.
• Call the toll-free women helpline — 181. They will guide you and notify the police if needed.
• Collect evidence: photos of injuries (if any), messages, call recordings, witness statements (neighbours, friends who saw or heard).
• Approach the District Legal Services Authority in your city for free legal aid.
• If you fear being thrown out of the house, apply for a protection order and residence order under the DV Act on the same day as the FIR.

Documents You Must Keep Ready

• Identity proof — Aadhaar card, PAN, or voter ID of the victim.
• Proof of residence — rent agreement, utility bills, or any document showing you live in the shared household.
• Photographs of injuries — even if minor — with timestamps.
• Medical records if you visited a doctor.
• Mobile screenshots — WhatsApp chats, call logs showing threats or harassment.
• Statement of the victim — written and signed, detailing all incidents with dates.
• Witness list — names and contact details of anyone who witnessed the assault or the aftermath.
• Any previous complaints — even if not acted upon — to show a pattern.

What Evidence Is Required?

• Primary evidence: The victim's own statement under oath. This is the most important piece. It describes the assault, the context, and the impact.
• Corroborative evidence: Medical reports, photos, audio/video recordings, and witness statements that support the victim's version.
• Documentary evidence: Messages (WhatsApp, SMS, email) where the aunt threatened or harassed. Print them as hard copies.
• Call records: If the aunt called repeatedly to intimidate, get a call detail record from the telecom provider.
• Neighbour testimony: Anyone who heard screams or arguments can testify.
• Previous complaints: If the aunt had assaulted before, copies of any earlier FIRs or complaints to the police or women's cell.
• Electronic evidence: Video recordings from a phone or CCTV, if available. Ensure they are properly dated and not tampered with.

How the Police Behave in Such Cases

Police attitude varies. In domestic violence matters, some officers try to mediate — telling the parties to "settle it at home." This is illegal in assault cases. The police are duty-bound to register the FIR if a cognizable offence is disclosed. If they suggest compromise, insist on the FIR. Others, especially in larger cities, are more aware of the DV Act and will take the complaint seriously. They may arrest the aunt if the injuries are visible, but for minor assaults, they'll likely issue a notice and investigate. Stay calm, firm, and know your rights. If they refuse, escalate as described above.

Timeline of Legal Process

• Day 1-7: File FIR. Police investigate — record statements, collect evidence, and arrest if warranted.
• Week 3-6: Police file chargesheet (if sufficient evidence) or closure report. For DV Act, application heard by Magistrate; protection order can be passed in 15-30 days.
• Month 2-3: Magistrate takes cognisance. Summons issued to the aunt. She appears and applies for bail.
• Month 4-8: Framing of charges, trial begins. Witnesses examined. For DV Act, final orders on residence and monetary relief may be passed.
• Month 9-12: Judgment in criminal case. For minor assault, conviction or acquittal. Appeals if any.
• Overall: Criminal trial can take 6-18 months. DV Act orders can come faster — within 2-3 months. Many cases settle earlier through mediation or Lok Adalat.

How Long Will the Investigation Take?

The police must complete the investigation within 60 days for ballable offences and 90 days for non-bailable ones. In practice, for minor assault cases, investigation usually wraps up in 30-45 days. The chargesheet must be filed within the statutory period, or the accused gets default bail. So don't assume the police will drag it — there's legal pressure on them.

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?

Yes, if both parties agree. Minor assault under Section 128 BNS is compoundable — meaning the victim can withdraw the case after compromise. The DV Act also allows for settlement through mediation or consent terms. However, the victim must be genuinely willing — courts discourage pressurised settlements. If the aunt apologises, agrees to live elsewhere, or pays compensation, the case can be compromised before the Lok Adalat or Magistrate. But if the violence is repeated, settling may not be wise. Your lawyer will advise on the safety of settlement. Remember, the law is primarily there to protect you, not to punish the aunt unnecessarily.

Common Mistakes People Make

• Delaying the FIR: Evidence fades, memory weakens. File the same day if possible. Delay gives the aunt time to create her own story.
• Destroying evidence: Throwing away torn clothes, deleting messages, or not taking photos. Every bit of evidence matters.
• Posting on social media: This can be used against you. Once you file a case, avoid sharing details publicly. It can prejudice the investigation.
• Hiring a general practitioner without domain expertise: Domestic violence and criminal assault cases have unique procedural rules — the DV Act timeline, residence orders, and combining criminal remedies. A general lawyer may miss the nuance. A specialist who regularly handles such matters knows how to get protection orders fast, how to handle hostile parents, and how to approach the Magistrate for interim relief. This domain-specific experience directly affects the outcome.
• Ignoring the DV Act: Many people think only criminal law applies. The DV Act gives you immediate civil remedies — right to live in the house, financial support, and protection orders. Don't overlook it.
• Giving up under family pressure: Relatives may ask you to compromise. But if the abuse is real, standing your ground protects you from future violence.

FAQs People Normally Have

Can a student afford a lawyer for this?

Yes. Through free legal aid from the District Legal Services Authority, you get a lawyer at no cost. You don't need to pay anything. Just go to the DLSA office in your city with your identity proof and a copy of the FIR.

Will filing an FIR ruin my career?

Not necessarily. The case is against the aunt, not you. Your name appears as the victim, not an accused. Many employers will not care. Plus, the DV Act proceedings are confidential in some aspects. Don't let fear of career damage stop you from protecting yourself.

Can I file a case if I don't have visible injuries?

Yes. Assault does not require visible marks. Your statement alone is enough to establish the facts. The court will also look at the pattern of behaviour, not just the physical evidence. If you have witnesses, it strengthens the case.

What if the police try to send me to family mediation?

Politely insist on the FIR. The police cannot force you to mediate. If they refuse, note their badge number and go to the SP or DCP. Or file a private complaint before the Magistrate. Mediation can happen later, but only after the FIR is registered.

Can the aunt be removed from the house immediately?

Yes. Under the DV Act, you can get a residence order within 10-15 days of filing the application. The Magistrate can direct the aunt to leave the shared household and pay you maintenance. This is a fast remedy, often faster than criminal trial.

What evidence is most important?

Your statement is the primary evidence. But photos, messages, and witness statements strengthen it immensely. If you have a diary of incidents, that's gold. A doctor's report, even if there are only minor scratches, is useful.

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.