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

A concerned niece from Pune reached out regarding her aunt, Mrs. Sunita, a 40-year-old mother of two, who resides in Jalna, Maharashtra. For years since her arranged marriage to Mr. Rajesh, aged 45, she has allegedly endured physical and emotional abuse from him and his family, being treated merely as domestic help.

The situation escalated significantly about five years ago when Mr. Rajesh allegedly began an affair with Mrs. Sunita’s younger cousin, Priya. Priya has since moved into the matrimonial home and reportedly encourages the abuse. Mrs. Sunita is often locked in a room, denied access to her phone and children, and completely isolated from her relatives. Her attempts to seek help have been thwarted; on two occasions, she managed to contact the local police, but her husband allegedly bribed the officers, and no First Information Report (FIR) was lodged. The police have also been dismissive due to the lack of male members in her maternal family to support her claim.

Recently, during a brief, clandestine call to her niece, the phone was snatched by Priya, who then sent abusive voice messages. With most relatives advising her to “adjust” and “accept her fate,” Mrs. Sunita is trapped in a cycle of domestic violence, wrongful confinement, and constant danger. Her niece, being in a different city, feels helpless and is seeking urgent legal guidance to ensure her aunt’s safety and justice.

Advice in such cases

• Ensure Immediate Safety: The foremost priority is the victim’s safety. If possible, try to establish a secure line of communication or help the victim move to a safe place like a friend’s house, a relative’s home, or a women’s shelter.
• Gather Evidence: Collect any possible proof of abuse. This includes photographs of injuries, medical reports, abusive text or voice messages, and a detailed diary of incidents with dates and times.
• Do Not Confront the Abuser: Directly confronting the abuser can escalate the violence. All actions should be taken with caution and preferably with legal guidance.
• File a Complaint: Do not be discouraged by initial police inaction. There are legal pathways to ensure your complaint is registered and investigated.
• 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

Several laws can be invoked in such a situation, primarily under the new Bharatiya Nyaya Sanhita (BNS), 2023, and other relevant acts:

• The Protection of Women from Domestic Violence Act, 2005: This is a civil law that provides comprehensive protection. A victim can file a case to get protection orders, residence orders, monetary relief, and custody of children.
• Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with cruelty by a husband or his relatives. It is a criminal offense punishable with imprisonment and a fine.
• Section 142 of the BNS, 2023: This pertains to wrongful confinement, which is applicable as the victim is being locked in a room against her will.
• Sections 115 & 116 of the BNS, 2023: These sections cover assault and causing hurt. Depending on the severity of the injuries, charges of causing simple hurt or grievous hurt can be applied.
• Section 351 of the BNS, 2023: This section on criminal intimidation can be used if threats are being made to the victim.

If you are the complainant

If you are a relative or friend trying to help the victim, here are the steps you can take:

• Document Everything: Keep a record of all communications, including the abusive voice messages received. This can serve as crucial evidence.
• Approach Senior Police Officials: If the local police station refuses to file an FIR, you can write a formal complaint and send it by registered post to the Superintendent of Police (SP) or a higher-ranking officer.
• File a Complaint with a Magistrate: You can directly approach the local Magistrate’s court and file a complaint under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The court can then direct the police to register an FIR and investigate.
• Contact a Protection Officer: Under the Domestic Violence Act, every district has a Protection Officer. You can approach them to help the victim file a Domestic Incident Report (DIR) and initiate legal proceedings.
• 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

• Seek Medical Help: If you are injured, go to a hospital immediately. A medical report is a strong piece of evidence.
• Try to Communicate Securely: If you have any opportunity, try to contact a trusted friend, relative, or a women’s helpline.
• Preserve Evidence: If you can, keep any evidence of abuse, such as torn clothes, photos of injuries, or abusive messages, in a safe place.
• Know Your Rights: You have the right to live in your matrimonial home, the right to be safe from violence, and the right to seek legal action against your abusers.
• 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

It is an unfortunate reality that sometimes the police can be dismissive or influenced, as mentioned in this case. They may try to mediate or ask the victim to “compromise.” However, domestic violence is a serious crime, not a private family matter. If the police refuse to register an FIR for a cognizable offense, it is a dereliction of their duty. In such a scenario, the complainant has the right to approach the Superintendent of Police or a Magistrate. A lawyer can be instrumental in navigating this process and ensuring the police take appropriate action.

FAQs people normally have

What evidence is required?

Strong evidence is key to a successful prosecution. This can include:

• Medical reports detailing injuries.
• Photographs or videos of injuries or property damage.
• Testimony of witnesses (neighbors, relatives, children).
• Electronic evidence like call recordings, text messages, emails, or voice notes.
• A detailed diary of abusive incidents.
• Any evidence of the husband’s extra-marital relationship.

How long will the investigation take?

The duration of an investigation varies greatly depending on the complexity of the case, the evidence available, and the cooperation of the parties involved. The Bharatiya Nagarik Suraksha Sanhita (BNSS) has provisions aimed at expediting the criminal justice process. For cases under the Domestic Violence Act, the law mandates that the court should try to dispose of the case within 60 days from the date of the first hearing, though in practice, it can sometimes take longer.

Advocate Sudhir Rao, Supreme Court of India