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

A young adult, let’s call him Aman, finds himself in a distressing family situation in a city like Bhopal. His mother, Sunita, has been in a marriage for over twenty years with his father, Rajesh, which has been marked by alleged physical, mental, and financial abuse. Rajesh is described as being violent, verbally abusive, and financially irresponsible, often taking the family’s money for his personal vices. Aman, having recently turned 18, feels it is his responsibility to take action to protect his mother and sibling from this ongoing trauma. He is concerned about the lengthy legal processes and the potential for retaliation from his father. He has managed to collect some evidence, including photos of his mother’s injuries and audio recordings of his father’s abusive tirades, and believes some relatives might be willing to testify. This scenario highlights a common and tragic situation faced by many families, raising critical questions about how to seek legal help safely and effectively.

Advice in such cases

• Prioritise Safety: The first and most critical step is to ensure the immediate safety of the victims. If there is an imminent threat of harm, do not hesitate to call the national police helpline (112) or a dedicated women’s helpline (like 181). Consider moving to a safer location, such as a relative’s house or a women’s shelter.
• Document Everything: Safely and discreetly gather and preserve all possible evidence of abuse. This creates a stronger foundation for any legal action you decide to take.
• 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.
• Strategic Planning: Legal battles, especially in family matters, require careful planning. An advocate can help you devise a strategy that covers immediate protection, long-term financial security, and the main legal objectives, whether it’s a divorce, a protection order, or criminal prosecution.

Applicable Sections of Law

In India, several laws provide protection and recourse for victims of domestic abuse and cruelty. It is crucial to understand which laws apply to your situation:

• The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This is a comprehensive civil law designed to provide swift relief. It defines “domestic violence” broadly to include physical, verbal, emotional, sexual, and economic abuse. A victim can seek various orders from a Magistrate, including Protection Orders (to stop the violence), Residence Orders (to secure the right to live in the shared household), Monetary Relief, and Custody Orders for children.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): This is the primary criminal law that has replaced the Indian Penal Code. Key sections include:
  • Section 84 (Cruelty): This makes cruelty by a husband or his relatives a specific criminal offense, punishable with imprisonment.
  • Sections on Bodily Harm: Sections like 114 (Hurt), 115 (Grievous Hurt), and 116 (Causing grievous hurt by dangerous weapons) can be invoked for acts of physical violence.
  • Section 351 (Criminal Intimidation): If the abuser threatens to kill or cause serious injury, this section can be applied.
• Personal Laws on Divorce: For dissolving the marriage, personal laws are applicable. For instance, under the Hindu Marriage Act, 1955, “cruelty” is a valid ground for seeking a divorce.

If you are the complainant

If you are an adult child or a relative witnessing the abuse, you can play a crucial role in seeking justice.

• Support the Victim: Your primary role is to support the victim (your mother, in this scenario). Encourage her and assure her that she is not alone.
• Assist in Filing Complaints: You can accompany the victim to the police station or to a lawyer’s office. On behalf of the victim, you can help file a Domestic Incident Report (DIR) with a Protection Officer under the PWDVA.
• Act as a Witness: As a direct witness to the abuse, your testimony is extremely powerful and can be a deciding factor in court. Be prepared to state the facts clearly and truthfully.
• 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 the one enduring the abuse, know that the law is on your side and you have several avenues for help.

• File for Immediate Protection: Your first legal step can be to approach a Magistrate’s court under the PWDVA to get an immediate protection order. This order can legally restrain your abuser from committing any further violence, contacting you, or even entering your workplace.
• Initiate Criminal Action: You can go to the nearest police station to file a First Information Report (FIR) under the relevant sections of the Bharatiya Nyaya Sanhita, 2023, for cruelty, assault, and criminal intimidation.
• Seek Divorce and Maintenance: You have the right to file for divorce on the grounds of cruelty. Simultaneously, you can file for maintenance for yourself and your children to ensure financial support during and after the legal proceedings.
• 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

Under the law, the police are obligated to register an FIR when they receive information about a cognizable offense, such as cruelty under Section 84 of the BNS. Many police stations have special women’s cells or designated female officers to handle such cases with sensitivity. However, it is not uncommon for the police to initially suggest mediation or reconciliation. While their intention might be to preserve the family unit, you have the absolute right to insist on the registration of an FIR if a crime has been committed. Having a lawyer accompany you to the police station can ensure that your complaint is taken seriously and that the correct procedures are followed without delay.

FAQs people normally have

What evidence is required?

The strength of a case often depends on the quality of evidence presented. The following types of evidence are crucial:

• Medical Evidence: Medical reports and certificates detailing injuries are powerful corroborative evidence of physical abuse.
• Photographic/Electronic Evidence: Photographs of bruises or injuries, and audio/video recordings of abusive language or threats, are admissible. The court will assess their authenticity under the Bharatiya Sakshya Adhiniyam, 2023.
• Witness Testimony: Statements from children, neighbours, relatives, or friends who have witnessed the abuse can be vital.
• Documentary Evidence: Any threatening emails, text messages, or letters should be preserved. For financial abuse, bank statements or property documents can be used to show misappropriation of funds.

How long will the investigation take?

The timeline for legal proceedings in India can be unpredictable. While laws like the PWDVA mandate a swift resolution (e.g., within 60 days for an application), the practical reality is often different due to overburdened courts. A criminal investigation under the Bharatiya Nagarik Suraksha Sanhita (BNSS) has prescribed timelines for the police to file a chargesheet, but the subsequent trial can take years. However, this should not be a deterrent. An effective lawyer can push for interim relief, such as temporary maintenance and protection orders, which provide immediate safety and support while the main case proceeds. The goal is to secure your well-being first while the wheels of justice turn.

Advocate Sudhir Rao, Supreme Court of India