If you are stuck in such a situation, here is what to do.
Mr. Vikram Singh, a software engineer from the city of Anandpur, found his life turned upside down when he received a notice regarding a complaint filed under Section 84 of the Bharatiya Nyaya Sanhita (BNS). The complaint not only named him but also his elderly parents who lived in a different town. Suddenly, his professional life at “Innovate Solutions Pvt. Ltd.” took a backseat as he was forced to navigate the complex corridors of police stations and courts. The most distressing part for Vikram was the sheer lack of clarity. He had a copy of the First Information Report (FIR) but couldn’t decipher the legal jargon or understand the implications of the allegations. He was left wondering if the police investigation was proceeding fairly and whether his lawyer was addressing all the critical aspects of his case. This feeling of being powerless and bullied by the system is a common ordeal for anyone facing such a situation.
Advice in such cases
Stay Calm and Composed: It is natural to feel stressed, but making rash decisions can complicate matters. Avoid any direct confrontation or communication with the complainant or their family.
Gather All Documentation: Collect all relevant documents, including marriage certificates, photographs, communication records (emails, messages), and any financial transaction details that might be pertinent to your case.
Do Not Abscond: Never try to evade the police or court summons. Cooperate with the investigation as required by law. Fleeing can lead to severe legal consequences.
Understand the Allegations: Carefully read the FIR to understand the specific accusations made against you and your family members. Note down the key points and dates mentioned.
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 primary section dealing with such cases under the new legal framework is:
Section 84 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section has replaced the earlier Section 498A of the Indian Penal Code. It penalizes the husband or his relatives for subjecting a woman to cruelty. Cruelty is defined as any willful conduct that is likely to drive the woman to suicide or cause grave injury or danger to her life, limb, or health (whether mental or physical), or harassment with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security.
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The procedural aspects, including arrest, bail, and investigation, are governed by the BNSS, which has replaced the Code of Criminal Procedure (CrPC).
If you are the complainant
File a Detailed Complaint: When approaching the police, provide a clear, chronological account of the incidents of cruelty. Mention specific dates, times, and the nature of the harassment. Vague allegations are harder to prove.
Preserve Evidence: Keep records of any threatening messages, emails, or call recordings. If there is physical violence, get a medico-legal certificate (MLC) from a government hospital immediately.
Cooperate with the Investigation: Provide the police with all the evidence and names of witnesses who can support your claims. Attend all meetings and hearings as required.
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 accused in the complaint, you are the victim of the legal process until proven guilty. Here is what you should do:
Seek Legal Counsel Immediately: Do not delay in engaging a lawyer who specializes in criminal and matrimonial law.
Anticipatory Bail: If you apprehend arrest, your lawyer can file for anticipatory bail under Section 482 of the BNSS on your behalf and for your family members.
Prepare a Strong Defense: Work with your lawyer to prepare a defense strategy. Provide your lawyer with all evidence that can counter the allegations, such as call records, travel tickets (as alibis), or messages that show a cordial relationship during the period the alleged cruelty took place.
Cooperate but Be Cautious: Cooperate with the police investigation, but do not make any statements without consulting your lawyer. You have the right to remain silent to avoid self-incrimination.
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 and their conduct is crucial. Initially, the complaint may be referred to a Crime Against Women (CAW) Cell or a designated family counseling center for a chance at reconciliation. If mediation fails, an FIR is registered. The police are required to conduct a preliminary inquiry before making any arrests, especially of relatives, as per Supreme Court guidelines. They will record statements from both parties, collect evidence, and then file a final report (chargesheet or closure report) in court.
FAQs people normally have
Can my family members be arrested immediately after an FIR is filed?
No. The Supreme Court in the Arnesh Kumar case laid down guidelines that prevent automatic arrest in cases where the punishment is less than seven years. Under the BNSS, police must issue a notice of appearance and can only arrest if there is a credible reason to believe the accused might abscond, tamper with evidence, or commit further offenses.Is Section 84 BNS a bailable offense?
No, it is a non-bailable offense. This means that bail is not a matter of right and has to be granted by a court.Can the case be withdrawn or settled later?
Yes, such cases can be settled. The parties can reach a mutual settlement, and based on that, they can approach the High Court to quash the FIR. The court will consider the nature of the allegations and the terms of the settlement before deciding.
What evidence is required?
For the complainant, evidence may include medical reports in case of physical injury, photographs, witness testimonies, and electronic records like emails or text messages. For the accused, counter-evidence is crucial. This can include proof of being at a different location (alibi), communication records showing a normal relationship, evidence of financial support provided to the wife, and witness statements from neighbors or friends who can vouch for the absence of cruelty.
How long will the investigation take?
The BNSS aims to streamline the investigation process. The police are expected to complete the investigation and file a chargesheet within a stipulated period, typically 90 days. However, due to practical challenges like collecting evidence, recording statements, and case backlogs, investigations can sometimes take several months. The overall legal process, from FIR to final judgment, can unfortunately extend for several years depending on the complexity of the case and the efficiency of the judicial system.
Advocate Sudhir Rao, Supreme Court of India