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

A family’s peace was shattered by the actions of their patriarch, Mr. Anand Verma. For years, he subjected his wife, Mrs. Suman Verma, and their children, Rohan and Priya, to relentless mental abuse and cruelty. His transgressions were not limited to infidelity and emotional torture; they took a much darker turn. Mr. Verma sexually assaulted his own daughter, Priya, for several years, beginning when she was just a child. He also inflicted severe physical and mental harm upon his wife.

The most shocking revelation is that Mr. Verma is a fugitive from the law. Approximately two decades ago, in his home state of Pratibhanagar, he was implicated in multiple murder cases. After being apprehended and subsequently getting released, he absconded to evade justice. He relocated his family over a thousand kilometers away to the city of Vikaspuri, adopted a new identity, and has been living there ever since.

His son, Rohan, now an adult, finds himself studying in Pratibhanagar, the very state where his father’s heinous crimes were committed. Tormented by the past and desperate to protect his mother and sister, Rohan seeks to understand if he can approach the police in Pratibhanagar to report his father’s past murders and current whereabouts. The family is terrified but resolute in their desire to see Mr. Verma face legal consequences and be permanently removed from their lives.

Advice in such cases

Facing such a complex and dangerous situation requires a careful and strategic approach. The safety of the family is paramount.

• Prioritize Safety: Before taking any legal action, ensure the safety of all family members who could be at risk. Mr. Verma’s history of violence suggests he could be dangerous if he suspects he is being reported.
• Gather Information Discreetly: Compile all known details about the past crimes. This includes Mr. Verma’s original name, his current alias, his current address in Vikaspuri, and any details about the murders in Pratibhanagar that you can recall.
• Do Not Confront the Abuser: It is crucial not to confront Mr. Verma directly. This could escalate the situation and put the family in immediate danger. All actions should be taken through legal and official channels.
• 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

Several laws under the new Indian legal framework are relevant to this case. It is important to note that for serious offenses like murder, there is no statute of limitations, meaning a case can be filed regardless of how much time has passed.

• Murder: The act of murder is punishable under Section 101, read with Section 103, of the Bharatiya Nyaya Sanhita (BNS), 2023. The police are obligated to investigate such a serious crime irrespective of the time elapsed.
• Sexual Assault on a Minor: The sexual assault on Priya would be prosecuted under the Protection of Children from Sexual Offences (POCSO) Act, 2012. This is a special law that remains in force and provides stringent punishment for crimes against children. The victim’s testimony is paramount.
• Cruelty by Husband: The physical and mental torture inflicted upon Mrs. Suman Verma constitutes an offense under Section 85 of the BNS, 2023.
• Hurt and Grievous Hurt: The physical violence can be charged under Sections 114 (Hurt) and 115 (Grievous Hurt) of the BNS, 2023.
• Criminal Intimidation: The constant mental torture and threats fall under the purview of Section 351 of the BNS, 2023.

If you are the complainant

If you are in a position similar to Rohan, you are a crucial link in bringing a fugitive to justice.

• 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.
• File a Formal Complaint: Rohan can and should approach the police in Pratibhanagar, the jurisdiction where the murders took place. He can file a First Information Report (FIR) under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• Provide All Details: He must provide the police with all information he has: his father’s original name, his current name and location, and any details he knows about the murders. His statement will be the foundation of the new investigation.
• Zero FIR: Even if he were in Vikaspuri, he could file a “Zero FIR” at any police station, which would then be transferred to the appropriate police station in Pratibhanagar for investigation. However, filing it in the correct jurisdiction from the start can expedite the process.

If you are the victim

For victims like Priya and her mother, taking legal action is a brave and necessary step towards justice and healing.

• 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.
• File a Separate FIR: Priya and her mother can file a separate FIR in Vikaspuri, where they currently reside, for the offenses of sexual assault, domestic violence, and cruelty. The police are mandated to act swiftly on such complaints, especially when they involve a minor (at the time of the offense).
• Seek Support: It is vital to seek psychological counseling and support to cope with the trauma. This is a long and emotionally draining process, and professional help is essential.
• Civil Remedies: In addition to criminal proceedings, Mrs. Verma can also seek protection and other reliefs under the Protection of Women from Domestic Violence Act, 2005, which is a civil law designed to provide immediate relief to victims of domestic abuse.

How the police behave in such cases

The police are legally bound to register an FIR when information about a cognizable offense like murder is disclosed. While there might be initial challenges due to the case’s age, the seriousness of the crime means they must investigate. For the complaints of sexual assault and domestic violence, the police are trained to be sensitive and are required by law to take immediate action. The police in Pratibhanagar will have the jurisdiction for the murder case and can issue warrants and coordinate with the Vikaspuri police to apprehend Mr. Verma.

FAQs people normally have

What evidence is required?

Evidence is key to a successful prosecution. For the old murder cases, Rohan’s testimony about his father’s past and his fugitive status is a starting point. The police will try to find old case files and other corroborative evidence. For the sexual assault and domestic violence, the testimonies of Priya and her mother are the most powerful evidence. Any medical records, photographs, or testimony from other witnesses who may have observed the abuse would be supplementary.

How long will the investigation take?

The investigation for a cold case involving a fugitive can be lengthy. It will involve multiple steps: registering the FIR, collecting evidence, recording statements from all involved parties, tracing old records, and finally, arresting the accused. The subsequent trial will also take time. However, the process of law is the only certain way to ensure that a criminal is held accountable. Taking the first step by filing a complaint is the most critical part of the journey toward justice.

Advocate Sudhir Rao, Supreme Court of India