one of my Client recent had case which i am explaining below and If you are stuck in such similar situation, here is what to do.

Mr. Karan Deshmukh of Shivapur received a call this morning from the local Town Police Station. The duty officer informed him that his wife, Ms. Priya Deshmukh (née Kapoor), had lodged a written complaint alleging mental cruelty and financial neglect. Two years ago, Ms. Priya had tried to initiate similar proceedings but withdrew when asked to give a formal statement. At that time, Karan filed two non-cognizable reports to document his version of events, and the couple briefly reconciled.

This time, however, the police issued Karan a notice under Section 39 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) to appear for questioning. Upon arrival, he learned that the complaint invokes Section 85 of the Bharatiya Nyaya Sanhita (BNS) 2023—“cruelty by husband or his relatives”—an offence that is cognizable and non-bailable. The investigating officer recorded Karan’s statement, checked prior NC entries, and advised both parties to consider counselling through the special unit attached to the Family Welfare Committee. No arrest was made because the officer assessed the matter as not urgent under the arrest guidelines laid out by the Supreme Court in Satendra Kumar Antil v. CBI (2022) and the proportionality test embedded in BNSS Section 35.

The matter has now been forwarded to the Women & Child Cell for preliminary inquiry, and Karan has been asked to produce bank statements and phone records at his next appearance.

Advice in such cases

• 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
• Preserve evidence such as emails, call logs, medical reports, and financial transactions to establish your narrative.
• Respond to any BNSS notice within the stipulated time; non-compliance can strengthen the case for arrest.
• Request written copies of the complaint and the case dairy extracts that you are entitled to under BNSS Section 193.
• Consider mediation only after consulting counsel; any settlement terms must be filed before the appropriate Magistrate to be enforceable.

Applicable Sections of Law

• BNS Section 85 – Cruelty by husband or relatives
• BNS Section 90 – Dowry-related harassment (if alleged)
• BNSS Section 35 – Guidelines on arrest without warrant
• BNSS Section 39 – Notice of appearance before police officer
• The Protection of Women from Domestic Violence Act 2005 – For possible civil relief such as residence or monetary orders

If you are the complainant

• File a detailed written statement with supporting documents (medical reports, messages, expense receipts).
• Ask the police to register an FIR if the allegations disclose a cognizable offence; they cannot insist on preliminary counselling alone.
• Seek interim protection orders under the Domestic Violence Act through the Magistrate’s court.
• 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

• Stay calm during questioning; furnish documents only after taking copies for your records.
• You may request the presence of a neutral family member or counsel during interrogation, as permitted under BNSS rules.
• Seek anticipatory bail under BNSS Section 484 if arrest seems imminent due to the gravity of allegations.
• 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 investigating officer must record reasons in writing before making an arrest for BNS Section 85 offences, in line with BNSS Section 35.
• Both parties are usually referred to counselling cells; non-attendance can be recorded as conduct evidence.
• Police may seize passports or firearms to prevent escalation if justified under BNSS Section 102.

FAQs people normally have

• Can the husband be arrested immediately? – Only if the IO records necessity under BNSS Section 35; otherwise, notice under Section 39 suffices.
• Is mediation compulsory? – No. It is voluntary, though often encouraged to reduce litigation.
• Does withdrawal of an earlier complaint stop a new FIR? – No. Each fresh set of facts can give rise to a new cause of action.

What evidence is required?

• Medical certificates indicating physical harm or psychiatric evaluation reports.
• Electronic records: WhatsApp chats, emails, call recordings (ensure compliance with IT Act provisions).
• Bank statements proving economic abuse or sudden withdrawals.
• Neighbour or family witness statements documenting incidents.

How long will the investigation take?

Under BNSS Section 193, the investigation for a cognizable offence should be completed without unnecessary delay, generally within 90 days for offences punishable up to seven years. However, extensions can be sought from the Magistrate, so practical timelines may stretch to six months or more depending on evidence collection and forensic reports.

Advocate Sudhir Rao, Supreme Court of India