In a distressing situation from the city of Aryavarta, a young man named Rohan reached out for guidance. His partner, Anjali, a 25-year-old software developer, is facing immense pressure and mental abuse from her own family. Her parents, determined to marry her off to a suitor of their choice, have resorted to emotional blackmail and coercion. The situation has escalated to the point where they have confiscated her mobile phone and restricted her from leaving their residence at Shanti Vihar, effectively cutting her off from the outside world. Anjali feels trapped and helpless, her fundamental right to choose her own life partner completely disregarded. Rohan is desperate to help her but is unsure of the legal steps to take to ensure her safety and freedom.

Advice in such cases

When an adult is being coerced or illegally confined, immediate and strategic action is necessary. The primary goal is to ensure the victim’s safety and uphold their constitutional rights.

• Document Everything: Keep a detailed record of all incidents of abuse, threats, and coercion. Note down dates, times, and specific words used. If possible, save any text messages, emails, or recordings that can serve as evidence.
• Establish a Safe Communication Channel: If the victim’s primary means of communication is cut off, try to establish a secret or alternative way to stay in touch to coordinate next steps.
• Plan an Exit Strategy: If the victim can safely leave the house, they should go to a trusted friend’s place, a relative’s home, or a safe shelter and then approach the authorities.
• Consult with Lawyer: 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

While forcing an adult into marriage is not a standalone crime, the actions associated with it are punishable under the Bharatiya Nyaya Sanhita (BNS), 2023. The right to choose a life partner is a fundamental right under Article 21 of the Constitution of India.

• Section 141 of the BNS, 2023 (Wrongful Confinement): Restricting a person’s movement and preventing them from leaving a certain place against their will, such as confining them to a house, is a cognizable offense.
• Section 351 of the BNS, 2023 (Criminal Intimidation): Threatening someone with injury to their person, reputation, or property to compel them to do something they are not legally bound to do (like getting married) falls under this section.
• Section 86 of the BNS, 2023 (Cruelty): Although typically applied in matrimonial cases, the act of inflicting mental and emotional torture can be cited as cruelty.

If you are the complainant

If you are a friend, partner, or well-wisher trying to help the victim, you can take the following steps:

• Gather Evidence: Discreetly collect as much proof as possible. This includes testimonies from others who are aware of the situation.
• File a Police Complaint: You can approach the police and file a complaint on behalf of the victim, detailing the offenses of wrongful confinement and criminal intimidation.
• Writ of Habeas Corpus: This is a powerful legal remedy. You can file a Habeas Corpus petition in the High Court, stating that the person is being illegally detained by their family. The court can then direct the police to produce the victim before the court to record their statement in a free and fair environment.
• Consult with Lawyer: 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

If you are the one being forced and confined:

• Seek Help Immediately: If you get a chance, call the national emergency helpline (112) or a women’s helpline. Inform them of your situation and location.
• Reach Out to a Trusted Person: Try to contact a friend, relative, or colleague who can help you and act on your behalf.
• State Your Will Clearly: If you manage to get out or are produced before the authorities, clearly state that you are an adult (above 18 years of age) and are being held against your will.
• File an FIR: Go to the nearest police station and file a First Information Report (FIR) against your family members for wrongful confinement, intimidation, and any other abuse you have faced.
• Consult with Lawyer: 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

Initially, the police might be hesitant to intervene, often dismissing such cases as “internal family matters.” It is crucial to be persistent and clearly articulate the criminal offenses being committed. Emphasize that the victim is an adult and is being wrongfully confined, which is a serious crime. Having a lawyer accompany you to the police station can ensure that your complaint is taken seriously and an FIR is registered. If the police refuse to register an FIR, you can approach the Superintendent of Police or file a complaint with the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

What evidence is required?

The most crucial piece of evidence is the victim’s own testimony. Additionally, any digital evidence like text messages, call recordings, or emails demonstrating the threats and coercion is highly valuable. Witness statements from friends, neighbours, or relatives who knew about the situation can also strengthen the case.

How long will the investigation take?

The timeline can vary. If a Habeas Corpus petition is filed, the court usually acts very swiftly to ensure the victim’s release from illegal confinement, often within days. A police investigation following an FIR can take several months to conclude. The subsequent court trial can be a lengthy process, but the immediate priority is always securing the victim’s safety and freedom.

Advocate Sudhir Rao, Supreme Court of India