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

We received the shocking news early one morning that my cousin, Priya, had allegedly died by suicide. She was found hanging in the apartment she shared with her husband, Rohan, in the city of Chandrapur. They were a young couple, Priya being 24 and Rohan around 28. Their marriage was recent, having taken place just last year, and she had moved to Chandrapur to be with him only a couple of months ago, where he worked as an engineer for a company called Apex Innovations.

A week before her death, Priya had confided in her parents that Rohan had physically assaulted her, stuffing a cloth in her mouth to muffle her screams, causing her nose to bleed. Her parents, living in their hometown of Jayanagar, thought it might be a minor marital issue or an exaggeration, especially since Rohan denied it completely. They did not file a police complaint at the time.

The postmortem report concluded that the cause of death was suicide. Since our family lives far away, we couldn’t reach Chandrapur immediately. A relative of Rohan’s signed the necessary papers as Priya’s guardian, which we found highly suspicious. When another cousin of mine managed to reach Chandrapur, she was alarmed to find that the police had not seriously interrogated Rohan or his relative, nor had they spoken to any of the neighbours.

Knowing Priya, I find it hard to believe she would take her own life. She had spoken to our cousin just two days before, and to her parents the night before her death, and she gave no indication of being suicidal. The in-laws did not even inform her parents about the death; they found out only when they called her. Rohan’s story is that he returned from a late-night shift in the morning, and when Priya didn’t answer the door, he broke it down with a neighbour’s help and found her.

We suspect that Rohan and his family are hiding something significant. From the beginning of the marriage, there were issues of dowry harassment. Now, as her body is being brought to our native village, Rohan disembarked from the vehicle several kilometres before reaching our home. A senior police officer advised us to file the complaint in Chandrapur, where the incident occurred, and to proceed with the cremation. We feel helpless and are desperate to find a way to get justice for Priya.

Advice in such cases

Navigating the legal system after such a tragic event can be overwhelming. Here are some immediate steps to consider:

• Consult with Lawyer: The very basic and important step to start is to talk to a lawyer/advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you in this situation to come out. He is an 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 in 7-10 days.
• Do Not Cremate Immediately: If you suspect foul play, do not rush the cremation. You have the right to demand a second postmortem by a board of doctors, especially if the initial one seems hasty or overlooks potential signs of struggle or injury.
• File a Formal Complaint (FIR): Go to the police station that has jurisdiction over the area where the death occurred. File a detailed First Information Report (FIR). Insist that the complaint is registered under the appropriate sections of the law.
• Preserve All Evidence: Collect and preserve any form of evidence you have, such as text messages, emails, call recordings, or letters from the deceased that mention harassment or distress.
• Approach Senior Police Officials: If the local police station is uncooperative, do not hesitate to approach higher-ranking officers like the Superintendent of Police (SP) or the Commissioner of Police. You can submit a written complaint directly to their office.

Applicable Sections of Law

In cases like this, several provisions of the new Indian criminal laws are relevant. It is crucial to be aware of them. The primary laws are the Bharatiya Nyaya Sanhita (BNS), 2023, and the Bharatiya Sakshya Adhiniyam (BSA), 2023.

• Section 80 of BNS, 2023 (Dowry Death): This is a critical section. If a woman dies under unnatural circumstances within seven years of her marriage, and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or his relatives in connection with any demand for dowry, her death is considered a “dowry death.” The husband or relatives are deemed to have caused her death.
• Section 85 of BNS, 2023 (Cruelty): This section penalizes the husband or his relatives for subjecting a woman to cruelty, which includes any willful conduct that is likely to drive the woman to commit suicide or cause grave injury or danger to her life, limb, or health.
• Section 108 of BNS, 2023 (Abetment of Suicide): If it can be proven that the husband’s or in-laws’ actions (like cruelty, harassment, or assault) directly led the woman to commit suicide, they can be charged with abetment of suicide.
• Section 131 & 132 of BSA, 2023 (Presumptions): These sections are vital. The law presumes that the suicide was abetted by the husband (Sec 131) or that it was a dowry death (Sec 132) if the death occurred within seven years of marriage and she was subjected to cruelty. This shifts the burden of proof onto the accused to prove their innocence.

If you are the complainant

As the family of the deceased, you are the primary complainants. Your role is crucial in ensuring justice is served.

• Draft a Detailed Complaint: Your complaint should be comprehensive. Mention every single incident of harassment, cruelty, and dowry demands, with dates and details if possible. Include the incident of physical assault that Priya reported a week before her death.
• Name All Accused: Clearly name the husband and any other family members who were involved in the harassment.
• Provide Witness Information: List all potential witnesses—family members she confided in, friends, or even neighbours who might have heard or seen something.
• Submit the Complaint in Writing: Always submit your complaint in writing and get a receipt or a copy of the FIR. If the police refuse to register an FIR, you can send the complaint by registered post to the Superintendent of Police.
• Follow Up Persistently: The legal process requires persistence. Regularly follow up with the investigating officer and your lawyer on the progress of the investigation.

If you are the victim

If you are someone who is currently facing cruelty or harassment in your marriage, it is vital to take steps to protect yourself before the situation escalates.

• Speak Up: Do not suffer in silence. Confide in your parents, siblings, or trusted friends. Informing them creates a record of the abuse.
• Document Everything: Keep a secret diary or log of all incidents of abuse, including dates, times, and what happened. Save abusive text messages, emails, and record calls if it is safe to do so.
• Seek Medical Help: If you are physically assaulted, go to a doctor or hospital and ensure your injuries are documented in a medico-legal certificate (MLC).
• Create Financial Independence: If possible, try to secure your own financial resources. This can provide you with an escape route if you need one.
• Know Your Rights: Understand that you are protected by law. You can file a complaint for domestic violence and cruelty at any time. Your safety is the priority.

How the police behave in such cases

It’s common for families to face challenges when dealing with the police in these situations.

• Initial Reluctance: Police may initially be hesitant to register an FIR for serious offences like dowry death or abetment of suicide, often trying to classify it as a simple suicide to reduce their workload.
• Procedural Delays: The investigation can be slow. Delays in recording witness statements, collecting evidence, or arresting the accused are common.
• Pressure to Compromise: Sometimes, there might be pressure from the police or the accused’s side to “settle” the matter. Never agree to a compromise that denies justice to the deceased.
• Navigating Police Inaction: The key is to be formal and persistent. Put everything in writing. If the local police are not acting, escalate the matter to senior officers. A good lawyer can help you draft these applications and ensure they are acted upon.

FAQs people normally have

What evidence is required?

A strong case is built on solid evidence. The more evidence you can provide, the better.

• Testimonial Evidence: Statements from family, friends, and neighbours who can testify about the cruelty and harassment. The statement of the parents about the phone call detailing the assault is crucial.
• Documentary Evidence: Any letters, diaries, or notes left by the deceased. Marriage certificates and photographs are also important.
• Electronic Evidence: Call detail records (CDRs), text messages, emails, social media chats, and call recordings that prove harassment.
• Forensic Evidence: The postmortem report is key. If a second postmortem is conducted, that report will also be vital. The viscera report can rule out poisoning.
• Financial Evidence: Bank statements or records of transactions related to dowry payments.

How long will the investigation take?

There is no fixed timeline for a police investigation. It can take several months. The police will collect evidence, record statements, and then file a charge sheet in court. After the charge sheet is filed, the court trial begins, which can also be a lengthy process. The duration depends on the complexity of the case, the efficiency of the investigation, and the functioning of the judicial system. Your lawyer’s role is to ensure there are no unnecessary delays and to push the case forward at every stage.

Advocate Sudhir Rao, Supreme Court of India