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

We often encounter heart-wrenching situations where individuals suffer prolonged abuse, especially within the confines of their own homes. Consider the case of Amit, an 18-year-old from the city of Jayanagar. For nearly a decade, since he was a young child, he endured severe physical and sexual abuse at the hands of his elder brother, Rohan. Now, as a legal adult, Amit is filled with rage and a deep-seated desire for personal retribution. He questions the efficacy of the legal system, fearing that justice might be slow, uncertain, or ultimately unsatisfying. He feels that since the violation was so personal, the retribution should be as well, and he struggles with the idea that retaliating would make him a criminal in the eyes of the law. This is a common and understandable emotional response to profound trauma. However, it is crucial to understand why the legal path, despite its challenges, is the only viable route to justice and why personal vengeance is a path that leads to further legal complications.

Advice in such cases

• Prioritize Safety: The first and most critical step is to remove yourself from the abusive environment. Seek shelter with a trusted relative, friend, or at a support centre to ensure your immediate physical and mental safety.
• Preserve Evidence: If you have any physical evidence, or digital proof like text messages, emails, or recordings, preserve them safely. Make notes of specific incidents, including dates and details, as memory can fade over time.
• Do Not Retaliate: The urge for revenge is a powerful and valid emotion. However, taking the law into your own hands will legally classify you as an aggressor. The legal system does not recognize vigilantism. Any act of violence you commit, regardless of the provocation, will be treated as a separate criminal offense, and you will face prosecution.
• 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

Given that the abuse started when the victim was a minor and continued into adulthood, a combination of laws would be applicable. The new Bharatiya Nyaya Sanhita (BNS), 2023, and other special laws will be invoked.

• Protection of Children from Sexual Offences (POCSO) Act, 2012: For all the offenses committed when the victim was under 18, the stringent provisions of the POCSO Act will apply. This is a special law designed to protect children, and the procedures are meant to be child-friendly and swift.
• Bharatiya Nyaya Sanhita (BNS), 2023: For the offenses committed after the victim turned 18, relevant sections of the BNS will apply. This can include:
  • Section 63 (Rape) and other related sections for sexual assault.
  • Section 115 (Hurt) and Section 116 (Grievous Hurt) for physical abuse.
  • Section 351 (Criminal Intimidation) if there were threats involved.

If you are the complainant

• File a First Information Report (FIR): Go to the nearest police station to register an FIR. The police are legally bound to register an FIR for cognizable offenses like sexual assault.
• Provide a Detailed Account: Give a clear, chronological statement of the facts to the police. Do not omit details, as they can be crucial for the investigation.
• Cooperate Fully: Cooperate with the investigating officer. This will involve giving statements, undergoing medical examinations if required, and helping identify evidence.
• 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

• Your Rights are Protected: The law provides several rights to a victim of sexual assault. You have the right to privacy, and your identity cannot be disclosed.
• Medical Examination: You have the right to a free medical examination at a government hospital. This is crucial for evidence collection.
• Statement Recording: Your statement holds significant weight. Under Section 164 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), your statement can be recorded before a Judicial Magistrate, which has high evidentiary value during the trial.
• 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

In cases of sexual assault and abuse, especially involving family members, the police are trained to act with sensitivity. Under the law, they are mandated to register an FIR without delay. The investigation is typically handed over to a senior officer. While instances of police apathy or insensitivity can occur, having a lawyer helps in navigating the system and ensuring that the correct procedures are followed. Your lawyer can file applications and complaints if the police are not conducting the investigation properly.

FAQs people normally have

Why shouldn’t I take revenge myself? It feels more just.

The legal system is based on the principle that the state, not an individual, is responsible for punishment. This prevents a cycle of endless violence and revenge. If you assault your abuser, you commit a new crime. The court will not consider your past trauma as a justification for your violent act, and you will be prosecuted. The legal process is the only way to hold the abuser accountable without making yourself a criminal.

What if he gets out early on “good behavior”?

Sentencing for heinous crimes like those under the POCSO Act and BNS is often stringent, with provisions for long imprisonment. While remission or early release is possible in some cases, it is not automatic and is subject to strict conditions. The primary goal of the legal process is to secure a conviction and an appropriate sentence that reflects the gravity of the crime.

Will legal justice bring me satisfaction?

Legal justice is different from personal vengeance. It may not erase the trauma or pain. However, it provides a formal acknowledgment of the wrong done to you. It holds the perpetrator accountable to society, ensures they cannot harm others, and can provide a sense of closure and validation. For many survivors, seeing the legal process through is an empowering step in their healing journey.

What evidence is required?

• Victim’s Testimony: In cases of sexual and physical abuse, the victim’s consistent and credible testimony is the most powerful piece of evidence.
• Medical Evidence: Reports from medical examinations can corroborate claims of physical or sexual assault.
• Digital Evidence: Any messages, photos, videos, or call recordings related to the abuse can serve as strong corroborative evidence.
• Witness Testimony: Statements from anyone you confided in (friends, other family members, a therapist) can support your case.
• Circumstantial Evidence: Any other evidence that points towards the accused’s guilt, such as their presence at the scene or subsequent behavior.

How long will the investigation take?

The timeline for an investigation and trial can vary significantly. The Bharatiya Nagarik Suraksha Sanhita (BNSS) and special laws like POCSO mandate a time-bound investigation and trial, but delays can happen due to the complexity of the case, the volume of evidence, and court backlogs. An investigation can take a few months, and the subsequent trial can take a couple of years. While it requires patience, it is a structured process aimed at ensuring a fair outcome.

Advocate Sudhir Rao, Supreme Court of India