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

Mrs. Kavita, a resident of a small town named Anandpur, has been married to Mr. Rajesh for over three decades. For years, she endured a cycle of physical and mental abuse at his hands. Recently, the situation escalated when Mr. Rajesh brutally assaulted her, leaving visible injuries on her face and body. Her son, Sameer, who lives in a different city, was devastated to learn about the incident. With immense courage, Mrs. Kavita finally decided to break her silence and filed a complaint with the local police, who have registered an FIR. The family is now facing a difficult situation. Sameer and his sibling are financially dependent, and Mrs. Kavita, a retiree, had her finances controlled by her husband. Mr. Rajesh, being financially more powerful, is now threatening them with severe consequences. The family is seeking justice and a way for Mrs. Kavita to live a life free from fear and abuse.

Advice in such cases

• Prioritize Safety: The foremost priority is the victim’s safety. If possible, she should move to a safe location, such as a relative’s house or a trusted friend’s place.
• Medical Examination: Immediately get a medical examination done from a government hospital. The Medico-Legal Certificate (MLC) is a crucial piece of evidence detailing the injuries.
• Preserve Evidence: Document everything. Take pictures of the injuries, keep records of threatening messages (SMS, WhatsApp), and note down dates and details of past incidents of abuse.
• Secure Finances: If possible, secure any personal bank accounts, documents, and valuables. Understanding the financial situation is key to planning the next steps.
• 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.

Applicable Sections of Law

In India, a victim of domestic abuse has recourse to both criminal and civil remedies. The primary laws applicable would be:

• The Protection of Women from Domestic Violence Act, 2005 (DV Act): This is a civil law that provides for immediate relief, including protection orders against further violence, residence orders (the right to live in the shared household), monetary relief, and custody orders for children.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): This is the new criminal code. Relevant sections include:
  • Section 85 & 86 (Cruelty): This specifically addresses cruelty by a husband or his relatives, which is a cognizable offense.
  • Sections related to Hurt/Grievous Hurt (e.g., Section 114, 115): These apply to the physical assault and injuries inflicted.
• The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This code outlines the procedure for police investigation and court trials for the criminal case.

If you are the complainant

If you are a family member or friend helping the victim, your role is crucial.

• Provide Emotional Support: The victim has undergone immense trauma. Your support can give them the strength to go through the legal process.
• Assist in Evidence Collection: Help them organize photos, messages, and a timeline of events. You can also be a witness if you have seen or heard the abuse.
• Coordinate with Authorities: You can help in communicating with the police and the lawyer, ensuring that all necessary steps are being taken.
• 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.

If you are the victim

• Do Not Yield to Pressure: The abuser or family members might pressure you to withdraw the complaint. Stand firm for your rights and safety.
• File Under the DV Act: Along with the FIR, it is highly advisable to file a separate case under the Domestic Violence Act. This can provide faster relief, such as an order preventing the abuser from contacting you and an order for maintenance.
• Seek Financial Independence: Your lawyer can help you claim maintenance from your husband under the DV Act to cover your expenses.
• 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

Once an FIR is registered for a cognizable offense like cruelty or grievous hurt, the police are mandated to investigate. They will record the victim’s detailed statement, collect the MLC report, visit the scene of the crime, and record statements of witnesses. They are supposed to arrest the accused if the allegations are serious and there is a threat to the victim. However, sometimes there can be delays or reluctance. An experienced lawyer can liaise with the police to ensure the investigation proceeds correctly and a chargesheet is filed in court in a timely manner as per the BNSS.

FAQs people normally have

Can my husband be arrested immediately?

Arrest depends on the severity of the offense and the discretion of the investigating officer. For offenses punishable with less than seven years of imprisonment, police must issue a notice of appearance under the BNSS. However, in cases of brutal assault, arrest is a strong possibility.

What if my husband sells our property to avoid paying maintenance?

Your lawyer can file an application in court to get an injunction, which is a court order preventing him from selling or transferring any assets while the case is pending.

I am financially dependent. How will I fight the case?

Under the DV Act, you can claim interim maintenance from the first date of hearing itself to cover your living expenses and the cost of litigation.

What evidence is required?

• Medico-Legal Certificate (MLC) from a hospital.
• Photographs or videos of the injuries.
• Testimony of the victim.
• Testimony of witnesses (children, neighbors, relatives).
• Any threatening emails, SMS, or WhatsApp messages.
• Proof of financial control or economic abuse (bank statements, property documents).

How long will the investigation take?

As per the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police are expected to complete their investigation and file a final report (chargesheet) in court, typically within 60 to 90 days, depending on the severity of the offense. However, the duration of the court trial can vary significantly based on the complexity of the case, the amount of evidence, and the court’s schedule. A case under the DV Act is intended to be disposed of more quickly to provide immediate relief.

Advocate Sudhir Rao, Supreme Court of India