Legal Remedies for Domestic Abuse and Mental Harassment of a 19-Year-Old with Disability

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Advocate Rohit
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Legal Remedies for Domestic Abuse and Mental Harassment of a 19-Year-Old with Disability

one of my Client recent had case which i am explaining below and If you are stuck in such similar situation, here is what to do.

In the township of Kaushalpur, a 19-year-old college student named Ayush Mehra—already coping with a 50 % permanent locomotor disability due to an old spinal injury—was repeatedly assaulted inside his own home. On the evening of 13 May 2024, Ayush’s elder brother struck him twice on the neck after a heated argument over household chores, while their father hurled verbal abuse and threats. The blows caused sharp pain radiating to his back and triggered severe anxiety attacks. Feeling cornered and suicidal, Ayush called a neighbour who helped him reach a local clinic and later contacted our office for help. The facts below outline the legal path we followed and the remedies that Indian law provides.

Advice in such cases

  • Ensure Personal Safety: If violence is ongoing, leave the premises and move to a trusted friend’s or relative’s house, or a shelter.
  • Seek Medical Help: Obtain immediate treatment and ask the doctor for a Medico-Legal Case (MLC) report. This will serve as crucial 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.
  • Document Everything: Keep voice recordings, screenshots of messages, photos of injuries, and any witness statements.
  • File a Complaint Promptly: Approach the nearest police station or women’s help desk; delay may weaken the case.

Applicable Sections of Law

  • Protection of Women from Domestic Violence Act, 2005 (PWDVA) – though gender-specific, its civil remedies like residence orders and protection orders can be invoked for female victims in the household.
  • Bharatiya Nyaya Sanhita (BNS) 2023
    • Section 115 – Voluntarily causing hurt.
    • Section 117 – Voluntarily causing grievous hurt, if medical report confirms serious injury to spinal region.
    • Section 131 – Criminal intimidation, covering threats that create fear of injury or death.
  • Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 – procedural provisions for registering First Information Report (FIR), arrest, and investigation.
  • Rights of Persons with Disabilities Act, 2016 – enhances penalties if the victim is a person with disability.

If you are the complainant

  • Draft a detailed, chronological complaint describing each incident. Attach medical papers, photos, and disability certificate.
  • Insist on registration of an FIR under the above BNS sections and invoke Section 173 of BNSS to seek timely investigation.
  • Apply for a magistrate-endorsed protection order and residence order under the PWDVA if the complainant is a woman.
  • Request free ambulance or police escort if further medical examination is needed.
  • Keep copies of every document filed or received.
Legal Remedies for Domestic Abuse and Mental Harassment of a 19-Year-Old with Disability

If you are the victim

  • Tell a trusted person immediately; having a witness to your distress adds credibility.
  • Use government helplines such as 112 or 181 for urgent police response.
  • Contact the District Protection Officer (under PWDVA) to arrange shelter and counselling.
  • Provide the investigating officer with your disability certificate to invoke the enhanced protection clauses.
  • Attend all medical follow-ups to create a consistent treatment record.

How the police behave in such cases

  • Officers must register an FIR without delay when cognisable offences under BNS are disclosed.
  • A woman officer should record statements from female victims where possible.
  • Under BNSS, Section 40 requires police to inform victims about their legal rights and the progress of investigation.
  • Failure to act can be escalated to the Superintendent of Police or filed before the Judicial Magistrate under BNSS Section 154(3).

FAQs people normally have

  • Can I file both a criminal case and a PWDVA petition? – Yes. The two remedies are parallel and do not conflict.
  • Will my brother be arrested immediately? – For hurt under Section 115 BNS, arrest is generally permissible but not mandatory; it depends on gravity and medical evidence.
  • Do I have to move out of my own house? – Not necessarily. Courts can pass residence orders allowing you to stay while the abuser is restrained.
  • What if my parents refuse to testify? – Independent medical evidence and neighbour testimony can still secure conviction.
Legal Remedies for Domestic Abuse and Mental Harassment of a 19-Year-Old with Disability

What evidence is required?

  • MLC or hospital reports describing injuries and their age.
  • Photographs of bruises, torn clothing, damaged property.
  • Audio or video recordings of threats or assaults (admissible under Indian Evidence Act).
  • Witness statements from neighbours, friends, or relatives who saw the violence or its aftermath.
  • Digital records: abusive texts, emails, or social-media messages.

How long will the investigation take?

  • BNSS mandates that offences punishable with imprisonment up to three years should have investigation completed within 90 days; grievous hurt cases carry longer sentences, so police usually get 180 days.
  • Delay can be challenged before the Magistrate, seeking monitoring of investigation or directions for progress reports.
  • Courts dealing with PWDVA matters often list the case every 30 days to ensure swift relief, particularly for protection orders.

Advocate Sudhir Rao, Supreme Court of India

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