If you are stuck in such a situation, here is what to do.

A concerned medical student reached out regarding his sister, Anjali, who is a school teacher. She has been married for several years to a man named Vikram, who is a lawyer. They have a young son, Rohan, who is four years old. Recently, the situation escalated dramatically when Vikram physically assaulted Anjali in public, hitting her with his hands and a belt, all while their young son was watching. When she tried to escape with the child, Vikram threatened her, boasting that his legal profession would shield him from any legal consequences.

Anjali, distressed and fearful, sought refuge at her parents’ home with her son. Her family is now seeking to understand the legal recourse available to them and the potential penalties Vikram could face for his actions, despite his profession.

Advice in such cases

When faced with such a distressing situation, the first priority is the safety and well-being of the victim and any children involved. Here are the immediate steps you should consider:

• Prioritize Safety: Ensure the victim is in a safe place, away from the abuser. This could be at a parent’s home, a relative’s house, or a friend’s place.
• Medical Examination: Immediately take the victim to a government hospital for a medical examination. This is crucial for her health and to generate a Medico-Legal Case (MLC) report, which is vital evidence.
• Preserve Evidence: Take clear photographs of any visible injuries. Keep the clothes worn during the assault as evidence. Preserve any threatening text messages, emails, or call recordings.
• 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 of 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 resolve in 7-10 days.

Applicable Sections of Law

The husband’s actions attract penalties under several Indian laws. It is a misconception that being a lawyer provides any form of immunity. The law applies to all citizens equally.

• Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with cruelty by a husband or his relatives. It penalizes any willful conduct that is likely to drive a woman to suicide or cause grave injury or danger to her life, limb, or health (whether mental or physical). The act of beating with a belt and hands clearly falls under this definition.
• Sections 115 & 116 of the Bharatiya Nyaya Sanhita (BNS), 2023: These sections pertain to causing hurt and grievous hurt. Depending on the severity of the injuries documented in the MLC report, charges can be framed under these sections. Using a belt can be argued as using a weapon, which can lead to more stringent punishment.
• The Protection of Women from Domestic Violence Act, 2005: This is a civil law that provides a wide range of protections. Anjali can file a case under this Act to obtain protection orders (to prevent the husband from contacting or approaching her), residence orders (to secure her right to live in the shared household or get alternative accommodation), monetary relief, and temporary custody of her son.

If you are the complainant

As a family member supporting the victim, you can assist her in initiating the legal process.

• Go with your sister to the nearest police station that has jurisdiction over the place of the incident or her residence.
• Help her narrate the entire incident clearly and chronologically to the police officer to register a First Information Report (FIR).
• Ensure that the FIR mentions all key details: the physical assault, the use of the belt, the public nature of the act, the presence of the child, and the threats made by the husband about using his profession to evade justice.
• Insist on a copy of the FIR, which is your right.

If you are the victim

As the person who has endured the abuse, taking these steps is crucial for your protection and for seeking justice.

• Your testimony is the most powerful piece of evidence. Be clear and consistent in your account.
• File the police complaint yourself. You have the right to file an FIR. If the police are uncooperative, you can send a written complaint to the Superintendent of Police (SP).
• In addition to the criminal complaint (FIR), you can simultaneously file a petition under the Domestic Violence Act, 2005, before the Magistrate’s court to seek immediate relief like protection and custody orders.
• Secure your personal documents, your son’s documents, and any financial documents (bank details, etc.) if it is safe to do so.

How the police behave in such cases

The police are legally obligated to register an FIR when a cognizable offense (like assault or cruelty under Section 85 BNS) is reported. However, sometimes they may attempt to counsel the parties or broker a compromise, especially when a “family matter” is involved. Given the husband is a lawyer, they might show some initial hesitation. It is important to be firm, assert your rights, and insist on the registration of the FIR. If the police refuse, you have the right to approach senior police officials or file a complaint directly with the Magistrate under Section 156(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, who can then order the police to register the FIR and investigate.

FAQs people normally have

Will his being a lawyer protect him?

Absolutely not. The law is the same for everyone, irrespective of their profession. In fact, a lawyer, as an officer of the court, is expected to uphold the law, not break it. His profession does not grant him any immunity. While he may be familiar with legal procedures, this does not prevent his arrest, investigation, or prosecution if there is evidence against him.

What is the highest punishment he can face?

The punishment depends on the charges proven in court. Under Section 85 of the BNS (Cruelty), the punishment can be imprisonment for up to three years and a fine. For assault or grievous hurt, the punishment varies based on the severity. The court can sentence him for each offense, and often the sentences run concurrently. The primary goal of the immediate legal action is to ensure the victim’s safety and hold the abuser accountable.

Can my sister get custody of our nephew?

Yes. In cases of domestic violence, the court’s primary concern is the welfare of the child. Anjali can seek an order for temporary custody of her son under the Protection of Women from Domestic Violence Act, 2005. Given the father’s violent behavior, especially in front of the child, the court will likely grant custody to the mother to ensure the child’s safety and emotional well-being.

What evidence is required?

Strong evidence is key to a successful prosecution. The following are crucial:

• The Medico-Legal Case (MLC) report: This is a primary piece of evidence documenting the injuries.
• Photographs/Videos: Pictures of the injuries and any video of the incident.
• Witness Testimony: The victim’s statement is paramount. Statements from family members or any other eyewitnesses to the assault or its aftermath are also important.
• Child’s Testimony: While handled sensitively, the child being a witness can be a factor. The court decides how and if a child’s statement is recorded.
• Other Evidence: Torn clothing, the belt used in the assault, and any threatening communications (messages, call logs) from the husband.

How long will the investigation take?

As per the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police are encouraged to complete investigations in a time-bound manner. For offenses like these, the investigation should ideally be completed within a few months, after which the police file a chargesheet in court. However, the subsequent court trial can be a lengthy process, potentially taking several months or even years to reach a final verdict. The reliefs under the Domestic Violence Act, however, are intended to be granted much more quickly to provide immediate protection to the victim.

Advocate Sudhir Rao, Supreme Court of India