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

In a recent case from the city of Avantipur, a family found themselves in a distressing legal situation. Mr. Alok Sharma’s brother, Vikram, married his long-time partner, Meera, in early 2024. Unfortunately, the marriage was fraught with constant disagreements. Concerned about the escalating tensions and fearing potential legal repercussions, the Sharma family decided to distance themselves, asking the couple to live separately. Their fears materialized when Meera filed a complaint alleging domestic violence and dowry harassment against her husband Vikram, her brother-in-law Alok, and other family members. Alok, who is diligently preparing for civil service examinations, was particularly distressed as his name was included in the complaint, seemingly to exert pressure on the family. This situation highlights a common challenge where family members, despite not being directly involved in a couple’s disputes, are implicated in serious legal cases.

Advice in such cases

Facing such allegations can be overwhelming. It is crucial to handle the situation with caution and strategic planning.

• Stay Calm and Composed: Panicking can lead to poor decisions. It’s important to remain calm and think logically.
• Gather All Evidence: Start collecting any evidence that can prove your innocence. This could include text messages, emails, call recordings, financial statements, or proof of separate residence.
• Avoid Direct Contact: Do not try to contact the complainant or her family to resolve the matter personally. Anything you say could be misconstrued and used against you. All communication should be through legal channels.
• Document Everything: Keep a detailed record of all events, interactions, and communications related to the case.
• 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

Matrimonial disputes involving allegations of cruelty and dowry are governed by several key statutes in India. With the introduction of new criminal laws, the relevant sections have changed.

• Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses the offence of cruelty by a husband or his relatives towards a woman. It is the new provision corresponding to the earlier Section 498A of the IPC.
• The Dowry Prohibition Act, 1961: This act criminalizes the act of giving and taking dowry. Complaints are often filed under this act alongside Section 85 of the BNS.
• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This is a civil law aimed at providing protection and relief to victims of domestic violence. It covers a wide range of physical, emotional, sexual, and economic abuse.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with criminal intimidation, which can also be invoked in such cases if threats have been made.

If you are the complainant

If you and your family have been falsely accused, taking prompt and correct legal steps is essential to protect your rights and reputation.

• Seek Anticipatory Bail: If you fear arrest, the first step is to file for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This can provide protection from immediate arrest.
• Cooperate with the Investigation: Do not avoid the police. Cooperate with the investigating officer and present your side of the story clearly, supported by any evidence you have.
• Challenge the Complaint: Your lawyer can help you file a petition in the High Court to quash the FIR if it is found to be baseless and filed with malicious intent.
• Gather Evidence of Innocence: Collect evidence such as proof that you live separately, your financial records to show no dowry was demanded or received, and testimonies from neutral witnesses like neighbors or friends.
• 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 a genuine victim of domestic violence and dowry harassment, it is your right to seek justice and protection under the law.

• File a Police Complaint: Go to the nearest police station to file a First Information Report (FIR). Provide a detailed and truthful account of the incidents of cruelty, harassment, and any dowry demands.
• Preserve Evidence: Keep a record of any abusive messages, emails, or call recordings. If you have suffered physical injuries, get a medico-legal certificate (MLC) from a government hospital.
• Seek Protection: You can file a case under the Protection of Women from Domestic Violence Act, 2005, to get protection orders, residence orders, and monetary relief from the court.
• 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

The police are the first point of contact in such matters. Initially, they are required to register an FIR upon receiving a complaint that discloses a cognizable offense. In many states, such complaints are first referred to a Crime Against Women (CAW) Cell or a designated mediation center for a preliminary inquiry and an attempt at reconciliation. If reconciliation fails or the allegations are serious, the police will proceed with a formal investigation. They will record statements from the complainant, the accused, and any witnesses. The investigation process involves collecting evidence from both sides before a final report (chargesheet or closure report) is filed in court.

FAQs people normally have

Can family members who live in a different city be named in the complaint?

Yes, it is common for complainants to name distant relatives in the FIR. However, the Supreme Court has often deprecated this practice of roping in all family members. If you can provide strong evidence of your separate residence and non-involvement, you have a good chance of getting your name removed from the case during the investigation or by approaching the High Court.

Will a false case affect my career, especially a government job?

An ongoing criminal case can create hurdles, as you may be required to disclose it during verification. However, being an accused does not mean you are guilty. If you are acquitted and the court finds the case was false, it will not have a lasting negative impact on your career. It is important to fight the case diligently and secure an honorable acquittal.

What is the first thing to do after receiving a notice from the police?

The very first step should be to consult an experienced criminal lawyer. Do not ignore the notice. Your lawyer will guide you on the next steps, which usually involve applying for anticipatory bail and preparing a response to the allegations.

What evidence is required?

For the accused, crucial evidence includes:

• Proof of separate residence (rent agreement, utility bills).
• Call records and location data to prove you were not present during the alleged incidents.
• Financial documents (bank statements, ITRs) to counter dowry allegations.
• Any communication (messages, emails) from the complainant or her family that contradicts their allegations or shows their true intent.
• Witness statements from neighbors, friends, or colleagues who can vouch for your character and the nature of the relationship.

How long will the investigation take?

The duration of a police investigation can vary significantly. As per the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the investigation should ideally be completed in a timely manner. However, in practice, it can take anywhere from a few months to over a year, depending on the complexity of the case, the number of accused, the evidence involved, and the workload of the investigating agency.

Advocate Sudhir Rao, Supreme Court of India