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

A young man, let’s call him Rohan, recently made a distressing discovery that he has been a victim of being drugged, or “spiked,” since he was merely a child of six or seven. The alleged perpetrators are his own close relatives, including his maternal family and grandparents. Rohan also suspects that his father has been subjected to the same treatment for a long time, orchestrated by his own kin.

For over a decade, Rohan had a nagging feeling that something was amiss and had urged his father to relocate with him to Pune, unaware that his own mother might also be complicit in this sinister activity. He now believes his father’s trusting nature was a known vulnerability that was exploited by the maternal family, possibly even before his parents’ marriage was arranged.

The family’s justification, as Rohan perceives it, is that he and his father are “greedy.” However, Rohan has been consistently gaslighted and made to feel guilty for being cautious about food safety, even by the very people who were allegedly harming him. This manipulation extended beyond the family home; during his college years, his relatives allegedly contacted his classmates, leading to him being spiked even by those he considered friends.

This prolonged betrayal has left Rohan with deep-seated trust issues and social anxiety, especially in settings involving food. The constant need for vigilance, even with loved ones, has taken a severe emotional toll. He feels trapped in a cycle of betrayal, victim-blaming, and psychological manipulation.

Having pieced together this disturbing history, Rohan is contemplating legal action. He wants to ensure his relatives understand the gravity and illegality of their actions and stop treating such a serious crime as a “fun game.” He seeks to file a case in Pune, where some of the incidents occurred, to hold them accountable and set a precedent that such criminal behavior, even within a family, has severe legal consequences.

Advice in such cases

Facing such a deep betrayal from one’s own family is traumatic. If you find yourself in a similar situation, it is crucial to act methodically to protect yourself and seek justice.

• Prioritize Your Safety: Your immediate priority should be your physical and mental well-being. If possible, distance yourself from the individuals you suspect are harming you. Secure your own food and water sources.
• Document Everything: Keep a detailed journal of every incident. Note the date, time, location, people present, what you consumed, and the symptoms you experienced afterward. This contemporaneous record can be valuable evidence.
• Seek Immediate Medical Attention: If you suspect you have been drugged, go to a hospital or clinic immediately. Request blood and urine tests to detect any foreign substances. A medical report is a critical piece of evidence.
• 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 resolved much faster than you think.
• Preserve Evidence: If you have any physical evidence, such as food or drink samples, or any digital evidence like text messages or emails where the act is discussed or admitted, preserve it carefully.

Applicable Sections of Law

The act of administering a stupefying or poisonous substance to someone is a serious criminal offense under Indian law. The Bharatiya Nyaya Sanhita (BNS), 2023, which replaces the Indian Penal Code, has specific provisions to deal with such crimes.

• Section 117 of the Bharatiya Nyaya Sanhita (BNS), 2023: This is the primary section applicable here. It deals with causing hurt by means of poison, etc., with the intent to commit or to facilitate the commission of an offense. The punishment can extend to imprisonment for up to ten years and a fine.
• Section 69 of the BNS, 2023: This section pertains to criminal conspiracy. Since the allegations involve multiple family members acting in concert, a charge of criminal conspiracy can be invoked.
• Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015: Since the abuse started when the victim was a child, this section, which deals with cruelty to a child, could also be applicable for the offenses committed during his minority. It prescribes punishment for anyone who has control of a child and assaults, abandons, abuses, or willfully neglects the child.

If you are the complainant

As the person initiating the legal process, you need to take structured steps to build a strong case.

• 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 resolved much faster than you think.
• Draft a Detailed Complaint: With the help of your lawyer, prepare a comprehensive written complaint. Narrate the entire history of the abuse in chronological order, mentioning all known perpetrators, locations, and specific incidents.
• File a First Information Report (FIR): Submit this complaint to the police station that has jurisdiction over the area where the last offense occurred. The police are obligated to register an FIR under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• Follow Up Diligently: Stay in regular contact with the investigating officer through your lawyer to ensure the investigation is proceeding correctly. Provide any additional information or evidence as required.

If you are the victim

As a victim of such a crime, your focus should be on recovery, safety, and evidence gathering.

• Seek Psychological Support: The trauma of such a long-term betrayal by family is immense. Seeking therapy or counseling is not a sign of weakness but a necessary step towards healing and building resilience.
• Build a Support System: Confide in trusted friends or other relatives who are not involved. Having a support system is crucial during the stressful legal process.
• Gather Evidence Systematically: Your memory and records are key. Try to recall past incidents and document them. If you can get medical tests done that show toxins or drugs in your system, it would be powerful evidence.
• 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 resolved much faster than you think.

How the police behave in such cases

Police response in cases involving intra-family disputes can be varied. Initially, they might be hesitant and may view it as a “family matter.” They might be skeptical due to the long time that has passed since the offenses began. This is why a well-drafted legal complaint, filed through a lawyer, is essential. Your lawyer can ensure that the police take the matter seriously and register an FIR. The police will require concrete evidence to proceed, so providing medical reports, witness statements, or any other corroborating evidence is crucial to prompt a thorough investigation.

FAQs people normally have

Can I file a case after so many years?
While there are statutes of limitation for some minor offenses, serious crimes like poisoning (Section 117 BNS) do not have a strict limitation period. Moreover, since the alleged acts were repeated over time, it can be argued as a “continuing offense,” allowing you to file a complaint now.

Where can I file the case? Can I file it in Pune if some incidents happened elsewhere?
Under the BNSS, a criminal case can be filed where any part of the offense was committed. If you were drugged in Pune, the police station in Pune has the jurisdiction to investigate the entire conspiracy, even if other related acts happened in your hometown. Filing the case in the city where you reside can be strategically advantageous.

What kind of justice can I expect?
The legal process aims to hold the perpetrators accountable. If proven guilty, they can face imprisonment and a fine. However, the process can be long and emotionally draining. Justice in such cases is not just about punishment but also about validating your experience and ensuring the perpetrators cannot harm you or others in the future.

What evidence is required?

Building a strong case for poisoning, especially one that has occurred over many years, requires compelling evidence. The burden of proof lies on the prosecution.

• Medical Evidence: This is the most critical piece of evidence. Recent toxicological reports from blood or urine samples showing the presence of drugs or poison. Past medical records showing unexplained illnesses can also serve as corroborative evidence.
• Documentary Evidence: Your detailed, dated journal of incidents. Any text messages, emails, or recordings where the accused admit to their actions or discuss them.
• Witness Testimony: Statements from any person who may have witnessed the act or its aftermath. This could be from friends, other family members, or colleagues who noticed your sudden illness after consuming something offered by the accused.
• Circumstantial Evidence: Establishing a clear pattern—for example, showing that you fell ill every time you visited a particular relative or consumed food prepared by them—can be a powerful form of circumstantial evidence.

How long will the investigation take?

The duration of a police investigation can vary significantly. For a complex case like this, which spans multiple years and possibly jurisdictions, it will likely take several months. The police will need to record statements from you, the accused, and any witnesses. They may need to collect forensic and medical evidence, which can be time-consuming. After the investigation is complete and a chargesheet is filed, the court trial begins, which itself can be a lengthy process. Patience and persistence, guided by your lawyer, are key.

Advocate Sudhir Rao, Supreme Court of India