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

A young woman, let’s call her Ananya (22), finds herself in a deeply distressing and dangerous situation. For over a decade, she has been subjected to continuous sexual assault by her own father, Mr. Verma. This abuse exists within a household where Mr. Verma is also physically violent towards the entire family. Ananya’s friend, Kavita, is aware of the situation. Together, they confided in Ananya’s mother, who, while acknowledging the horror, is paralyzed by fear. She is terrified of escalating violence from her husband and the potential loss of financial security if she were to take a stand. Consequently, she offers no support.

Ananya is desperate to escape her home in the city of Alipur. However, a significant obstacle is her father’s connections with personnel at a local police station. This creates a legitimate fear that if she attempts to leave or report him, he could use his influence to retaliate against her and her friends who might try to help her. They are seeking guidance on how Ananya can safely extricate herself from this abusive environment and seek justice.

Advice in such cases

Navigating such a sensitive and dangerous situation requires a careful and strategic approach. The victim’s safety is the absolute priority.

• Prioritise Safety: Before taking any legal steps, ensure there is a safe place for the victim to go. This could be a trusted relative’s house, a friend’s home, or a shelter. The plan to leave must be discreet.
• Document Everything Discreetly: If it is safe to do so, create a log of incidents. Note down dates, times, and details of the abuse. Any communication, such as text messages or emails that corroborate the abuse or threats, should be preserved securely.
• Do Not Confront the Abuser: Confronting the abuser, especially one with a history of violence, can escalate the danger significantly. All actions should be taken without alerting him.
• Financial Independence: If possible, start securing personal documents (ID, educational certificates) and secretly save any money possible to facilitate the escape and initial period of independence.
• 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

The acts described constitute grave offenses under Indian law, primarily governed by the Bharatiya Nyaya Sanhita (BNS), 2023, and procedural aspects by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• Section 65 of the BNS (Aggravated Rape): This section is directly applicable. It enhances the punishment for rape when the perpetrator is a relative, guardian, or in a position of trust or authority over the woman. The father-daughter relationship falls squarely under this, attracting a punishment of rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
• Section 73 of the BNS (Assault or criminal force to woman with intent to outrage her modesty): Each act of unwanted physical contact and assault would fall under this section.
• Section 351(2) of the BNS (Criminal Intimidation): The father’s threats and the general atmosphere of fear he creates to prevent his daughter from leaving or reporting would be covered under this section.
• The Protection of Women from Domestic Violence Act, 2005: This is a civil law that runs parallel to criminal proceedings. Ananya can file a case under this Act to get immediate relief, such as a protection order (to stop the abuse), a residence order (to have her father removed from the house), and monetary relief.

If you are the complainant

As a friend (like Kavita), your role is crucial but must be handled with care to protect both yourself and the victim.

• Be a Support System: Your primary role is to provide emotional and logistical support. Help Ananya think clearly and plan her next steps.
• Assist in Finding Safety: Help her identify a safe place to stay once she decides to leave.
• Accompany, Do Not Act Alone: You can accompany her to the police station or a lawyer’s office. Your testimony as a person in whom the victim confided can be valuable evidence.
• Maintain Confidentiality: Do not discuss the plan with anyone who cannot be trusted completely. The abuser must not get any information about the plan to leave.
• 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

As the victim (like Ananya), your courage is immense. Here are the steps to reclaim your life and seek justice.

• Secure a Safe Exit: Your immediate priority is to get out of the abusive household. Activate your safety plan with the help of your trusted friend.
• Bypass Local Police if Necessary: Given the fear of the father’s influence at the local Alipur police station, you have other options. You can directly approach a senior police officer, such as the Superintendent of Police (SP) or a Deputy Commissioner of Police (DCP) in the district/city.
• Approach the Magistrate: You can file a private complaint directly before the Judicial Magistrate under Section 175(3) of the BNSS. The Magistrate has the power to order the police to register an FIR and investigate the matter. This is a very effective tool when the police are uncooperative.
• Zero FIR: You have the right to file a ‘Zero FIR’ at any police station in any city, irrespective of where the crime occurred. That police station is legally bound to register the FIR and transfer it to the appropriate station. This can be used to avoid the compromised local station.
• Demand Your Rights: When giving your statement, you have the right for it to be recorded by a woman police officer, in a safe and private place, away from the presence of the accused.
• 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

While the fear of police collusion is valid, the law has safeguards. Ideally, upon receiving such a complaint, the police are mandated to act swiftly. They must register an FIR immediately for such a cognizable offense. The investigation should be conducted by a senior officer, and the victim’s statement is recorded with utmost sensitivity. However, if the local police are uncooperative or influenced, they might delay the FIR, dismiss the complaint, or even intimidate the complainant. This is illegal. Knowing your right to approach senior officers or the court directly is your power against such behaviour.

FAQs people normally have

What if my mother refuses to support my case?
While her support would be helpful, it is not legally essential. The case can proceed based on your testimony alone. The court understands that family members can be under duress. Your testimony as the victim is the most critical piece of evidence.

I have no physical proof or medical evidence from the past. Can I still file a case?
Yes. In cases of prolonged abuse, the absence of recent medical evidence is understood. The law does not mandate physical proof for a conviction. Your detailed and consistent testimony is powerful evidence. Any corroborating evidence, like the testimony of your friend Kavita to whom you disclosed the abuse, strengthens the case.

Will my father be arrested immediately?
Upon the filing of an FIR for a grave offense like aggravated rape, the police are likely to arrest the accused to prevent him from tampering with evidence or threatening the victim. A lawyer can also press for immediate arrest to ensure your safety.

What evidence is required?

Building a strong case involves gathering various forms of evidence:

• Victim’s Testimony: A clear, consistent, and detailed account of the abuse is the primary evidence.
• Witness Testimony: The friend (Kavita) to whom the abuse was disclosed is a crucial witness. Her testimony corroborates the victim’s account.
• Medical Examination: Even if a long time has passed, a recent medical examination after leaving the house can document any recent injuries or signs of assault and is procedurally important.
• Digital Evidence: Any saved text messages, emails, or secret recordings containing threats, admissions, or any relevant conversation.
• Psychological Evaluation: A report from a mental health professional can document the psychological trauma and PTSD resulting from the prolonged abuse, which serves as strong corroborative evidence.

How long will the investigation take?

The Bharatiya Nagarik Suraksha Sanhita (BNSS) has introduced timelines to expedite the criminal justice process. For offenses like rape, the investigation is supposed to be completed within two months from the date the FIR is registered. The trial should also be concluded in a time-bound manner. However, in practice, complex cases with procedural delays can sometimes take longer. A proactive lawyer can file applications to ensure the investigation and trial proceed without undue delay.

Advocate Sudhir Rao, Supreme Court of India