A family from Rampur is currently facing a distressing situation after a First Information Report (FIR) for domestic violence was filed against them. The complaint was initiated by Mrs. Anjali Gupta against her husband, Mr. Vikram Gupta. However, she has also named her husband’s mother, Mrs. Shanti Gupta, and his sister, Mrs. Meena Singh, as co-accused in the case.

According to the family, the allegations are baseless, particularly against the sister-in-law, Mrs. Meena Singh. The FIR alleges that an act of cruelty and assault took place at the family residence at approximately 8:00 AM on a weekday. However, Mrs. Singh lives in a separate house and, at that time, would have been preparing to commute to her job at a local firm, a journey she undertakes by public transport around 9:00 AM. While her official identity documents, like her Aadhaar and PAN cards, still list her mother’s address for convenience, she has not resided there for a considerable time.

Adding to the family’s suspicion, the FIR was lodged a full week after the alleged incident. The complainant, Mrs. Gupta, claimed the delay was due to her receiving medical treatment at the Rampur General Hospital. The family believes the medical certificate submitted to the police is fabricated to support a false narrative. The police have registered the case under various sections of the Bharatiya Nyaya Sanhita (BNS), including cruelty, abetment, and assault. The family has engaged legal counsel but is apprehensive about applying for anticipatory bail, as their lawyer has warned that a court might reject the plea and order their arrest on the spot. They are now seeking clarity on how to prove their innocence, especially in the absence of direct evidence like CCTV footage at the entrance of the house.

Advice in such cases

• Gather all important documents, including identity proofs, address proofs, and any correspondence that can establish the timeline of events.
• Maintain a united front as a family, but avoid any direct contact or confrontation with the complainant, as it could be misinterpreted or used against you.
• Create a detailed written record of events from your perspective, noting dates, times, and any potential witnesses who can support your version.
• For family members living separately, immediately collect evidence to establish their alibi. This can include work attendance records, travel details, location data from phones, or statements from colleagues and neighbours.
• 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

In such matters, the police typically invoke sections from the Bharatiya Nyaya Sanhita, 2023 (BNS). The primary sections include:

• Section 85 of the BNS (Cruelty): This section, which replaces the old Section 498A IPC, penalizes the husband or his relatives for subjecting a woman to cruelty. Cruelty is defined broadly to include any willful conduct that could drive the woman to suicide or cause grave injury, as well as harassment related to unlawful property demands.
• Section 124 of the BNS (Assault or criminal force): This section deals with assault or the use of criminal force against a person.
• Sections 45-48 of the BNS (Abetment): These sections are applied when a person is accused of instigating, conspiring, or intentionally aiding the commission of the primary offense. In domestic violence cases, family members are often implicated under these provisions for allegedly encouraging the husband’s actions.

If you are the complainant

If you are the one against whom a false complaint has been filed, here are the steps to consider:

• Anticipatory Bail: This is a pre-arrest bail sought under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It is crucial for preventing immediate arrest. Your lawyer’s strategy on when and how to file this is paramount.
• Quashing of the FIR: If the allegations against certain family members, especially those living separately, are vague and lack specific details, you can file a petition in the High Court under Section 529 of the BNSS to have the FIR against them quashed. The Supreme Court has repeatedly held that roping in all family members without specific roles is an abuse of the legal process.
• Defense of Alibi: For any accused who was not present at the scene of the alleged crime, the defense of alibi is the strongest recourse. This must be backed by solid evidence.
• Challenge the Evidence: Scrutinize the evidence submitted by the complainant. If you suspect a medical report is fake, your lawyer can cross-examine the doctor who issued it 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

If you are the victim

If you are a genuine victim of domestic violence, it is your right to seek justice. Here are the steps you should take:

• File an FIR: Report the incident to the police without delay. A prompt complaint adds credibility to your case.
• Medical Examination: If you have suffered any physical harm, get a medico-legal certificate (MLC) from a government hospital immediately.
• Preserve all evidence: Keep records of threatening messages, emails, photos of injuries, and any other proof of harassment or violence.
• Identify Witnesses: Note down the names of any person, such as neighbours or friends, who may have witnessed the abuse.
• 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 mandated to register an FIR when a cognizable offense is reported. In cases under Section 85 BNS, they are often cautious. Following the Supreme Court’s directives in the Arnesh Kumar case, automatic arrests are discouraged. The police must first conduct a preliminary inquiry and record the reasons for making an arrest. They will record statements from both the complainant and the accused under Section 179 of the BNSS and collect evidence before deciding on further action, such as filing a chargesheet.

FAQs people normally have

Can relatives who live in a different city be named in a DV case?
Yes, complainants often name relatives who live elsewhere. However, if the allegations against them are general and not specific, it becomes a strong ground for the High Court to quash the proceedings against them.

Does a delay in filing the FIR weaken the case?
A significant and unexplained delay can weaken the prosecution’s case, as it raises doubts about the authenticity of the complaint. However, if the complainant provides a valid reason for the delay, such as fear, intimidation, or undergoing medical treatment, the court may overlook it.

What happens if the medical evidence is proven to be fake?
If it is proven during the trial that the medical certificate was fabricated, it severely damages the complainant’s credibility and can lead to the dismissal of the entire case. The person who created the false evidence and the person who used it can face criminal prosecution for perjury and fabricating evidence.

What evidence is required?

For the accused family, crucial evidence includes:

• Proof of separate residence for family members like Mrs. Meena Singh (e.g., rent agreements, utility bills).
• Evidence of alibi, such as office attendance records, GPS location data, or witness statements from colleagues.
• Call Data Records (CDRs) to establish the location of the accused at the time of the alleged incident.
• Past communications (chats, emails) that may reveal the complainant’s motive or contradict their claims.

How long will the investigation take?

Under the BNSS, the police are expected to complete the investigation in a timely manner. The process involves recording statements, collecting evidence, and then filing a final report (chargesheet) before the court. This can take anywhere from a few weeks to several months. The subsequent court trial, however, is a much longer process and can take years to conclude.

Advocate Sudhir Rao, Supreme Court of India