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

Mr. Verma, a respected professional at a leading technology firm in the city of Suryanagar, found his life and career thrown into turmoil. A complaint was filed against him and his entire family under Section 85 of the Bharatiya Nyaya Sanhita (BNS), alleging matrimonial cruelty. Overnight, their reputation was at stake, and they faced accusations of acts they had never committed.

Coming from a family that valued integrity, Mr. Verma made a firm decision from the outset: he would not resort to bribery or succumb to any illicit demands from the opposing party. This left him with the challenging but righteous path of defending his family’s honour through a thorough understanding of the law. He immersed himself in studying the nuances of the BNS and the Bharatiya Nagarik Suraksha Sanhita (BNSS), analysing landmark judgments from the High Courts and the Supreme Court. Through this arduous journey, he even pursued a formal education in law, eventually using his knowledge to assist other families caught in similar predicaments.

His most significant takeaway was that while the Indian legal framework is robust and aims for justice, a lack of awareness of one’s rights can make an innocent person extremely vulnerable. Knowing the law empowers you to collaborate effectively with your lawyer, turning you into an active participant in your own defence rather than a passive spectator.

Advice in such cases

If you find yourself accused in a case of matrimonial cruelty, it is essential to handle the situation with care and strategy. The initial steps you take can significantly impact the outcome of your case.

• Stay Calm and Composed: Panicking can lead to poor decisions. Maintain your composure and think logically about your next steps.
• Preserve All Communication: Gather and securely save all emails, text messages, social media chats, and call recordings with the complainant. This can serve as crucial evidence.
• Cease Direct Contact: Avoid communicating directly with the complainant or their family to prevent any further allegations or misunderstandings. Let all communication be handled through legal channels.
• Consult with a Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you in this situation to come out. He is an 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

The legal landscape for matrimonial disputes has evolved with the introduction of new criminal laws. The primary sections involved are:

• Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section has replaced Section 498A of the IPC. It penalizes the husband or his relatives for subjecting a woman to cruelty. “Cruelty” is defined as any wilful conduct likely to drive the woman to suicide or cause grave injury or danger to her life, limb, or health, or harassment with a view to coercing her or any person related to her to meet any unlawful demand for property.
• Section 86 of the BNS: This section addresses situations where cruelty by the husband or his relatives leads to the woman’s suicide or causes her grave injury.
• Provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The BNSS governs the procedural aspects, including police investigation, issuance of notices, arrest procedures, and bail. The guidelines laid down by the Supreme Court in the Arnesh Kumar case are pivotal and have been incorporated into the new procedural law, emphasizing that arrests should not be made mechanically.

If you are the complainant

If you are filing a complaint, it is your responsibility to ensure that the legal process is used for justice, not for harassment.

• Be Truthful and Specific: Your complaint should be based on facts. Provide specific dates, times, and details of the incidents of cruelty.
• Avoid Vague Allegations: Refrain from making general and sweeping allegations against all family members of your husband. Implicating individuals without specific roles can weaken your case and may be viewed by the courts as an abuse of the law.
• Gather Supporting Evidence: Collect any evidence that supports your claims, such as medical reports, photographs of injuries, or threatening messages.
• Consult with a Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you in this situation to come out. He is an 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

Being falsely accused can be a traumatic experience. Here is how you should proceed to protect yourself and your family.

• Do Not Abscond: Fleeing will make you look guilty. Face the allegations legally.
• Seek Anticipatory Bail: If you have a reasonable fear of being arrested, your lawyer can file an application for anticipatory bail in the Sessions Court or the High Court.
• Compile Counter-Evidence: Gather all evidence that proves your innocence. This could include alibis for the alleged dates of incidents, call records, travel tickets, or messages that show a cordial relationship during the period the cruelty allegedly occurred.
• Document Extortion Attempts: If there have been any demands for money or property in exchange for withdrawing the complaint, document them carefully.
• Consult with a Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you in this situation to come out. He is an 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

Following directives from the Supreme Court to prevent the misuse of this law, police procedure has become more structured. An immediate arrest is no longer the norm. The police are required to conduct a preliminary inquiry to ascertain the veracity of the allegations before taking any coercive action. They must issue a notice of appearance under the BNSS, asking the accused to join the investigation. An arrest is typically made only if the accused fails to cooperate or if the police believe it is necessary to prevent them from tampering with evidence or committing further offences. However, it is vital to know your rights, as police harassment is still a possibility.

FAQs people normally have

Can the police arrest my elderly parents or married sister based on a complaint?

The Supreme Court has repeatedly discouraged the practice of roping in all family members. Police are expected to investigate the specific role of each accused person. Without credible and specific allegations against them, the arrest of elderly parents or distant relatives is unlikely and can be legally challenged.

What is the first step I should take after an FIR is registered?

The first and most critical step is to engage a competent criminal defence lawyer. They will guide you on applying for anticipatory bail, preparing for the police investigation, and strategizing your defence.

Is it possible to have a false case dismissed at an early stage?

Yes. If the FIR is baseless, vague, or filed with malicious intent, you can file a petition in the High Court under Section 482 of the CrPC (the corresponding provision in the BNSS will apply once fully notified) to quash the FIR and the subsequent proceedings.

What evidence is required?

Evidence is the cornerstone of any criminal case. For the complainant, this includes medical reports in case of physical abuse, witness testimony from neighbours or friends, and digital evidence like emails or messages demanding dowry or containing threats. For the accused, crucial evidence includes call records to establish location (alibi), bank statements to refute financial allegations, and communication from the complainant that contradicts the allegations of cruelty or indicates attempts at extortion.

How long will the investigation take?

Under the BNSS, the police are encouraged to complete investigations in a time-bound manner, typically within 90 days. However, due to practical challenges like case backlogs and complexity, investigations can sometimes take longer. After the police file a final report (chargesheet), the court trial begins, which can be a lengthy process, often spanning several years before a final judgment is reached.

Advocate Sudhir Rao, Supreme Court of India