In the quiet city of Aloknagar, Priya and Rohan’s marriage, once a symbol of youthful romance, began to crumble under the weight of unmet expectations and secret resentments. Rohan, entangled in an extramarital affair with his colleague, Sneha, started viewing Priya not as his partner but as an obstacle. Instead of seeking a legal separation, a darker plan began to form. The couple’s frequent arguments escalated, and one evening, Rohan, in a premeditated act, caused Priya a grievous injury, attempting to make it look like a household accident. This shocking incident is not an isolated one; it reflects a disturbing trend where individuals, particularly the youth, are resorting to heinous violence against their partners instead of utilizing the legal avenues available for marital dissolution.

Modern relationships, often formed with great personal freedom, can sometimes lack the emotional maturity required to handle conflict. When disagreements arise, instead of seeking reconciliation or a dignified exit through legal means, some individuals allow emotions like jealousy, greed, or resentment to dictate their actions. This tragic choice to bypass the rule of law in favour of criminal acts leads to devastating consequences, turning homes into crime scenes and partners into perpetrators or victims.

Advice in such cases

If you find yourself in a volatile or dangerous marital situation, whether as a victim of threats or as someone wrongly accused, it is crucial to act with caution and foresight.

• Prioritize Safety: If you feel threatened, your immediate priority is to ensure your safety and the safety of any children involved. Move to a secure location, such as a friend’s or relative’s house.
• Document Everything: Keep a detailed record of all incidents, including dates, times, and descriptions of what happened. Preserve any threatening messages, emails, or voicemails. This documentation can serve as crucial evidence later.
• Avoid Escalation: Do not engage in heated arguments or retaliatory behaviour. Maintain a calm and composed demeanour to avoid making the situation worse.
• 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

The Indian legal system, under the new Bharatiya Nyaya Sanhita (BNS), 2023, has stringent provisions to deal with such crimes:

• Section 103, BNS, 2023 (Murder): If a spouse’s actions lead to the death of their partner, they can be charged under this section, which provides for severe punishment, including life imprisonment or the death penalty.
• Section 109, BNS, 2023 (Attempt to Murder): For acts committed with the intent to kill, but where the victim survives, this section is applicable. It carries a punishment of imprisonment that may extend to ten years and a fine.
• Section 61, BNS, 2023 (Criminal Conspiracy): If a spouse conspires with another person (like a paramour) to commit a crime against their partner, they can be charged under this section in addition to the primary offence.
• Section 84 & 86, BNS, 2023 (Grievous Hurt): These sections deal with causing severe bodily harm and are often invoked in cases of domestic violence that fall short of an attempt to murder.

If you are the complainant

If you or your family member is the aggrieved party and you wish to initiate legal proceedings:

• File an FIR: The first step is to file a First Information Report (FIR) at the nearest police station. Provide a clear, factual account of the incident without exaggeration.
• Medical Examination: In case of physical harm, ensure a medico-legal case (MLC) is prepared at a government hospital. This report is a vital piece of evidence.
• Preserve Evidence: Secure all evidence, such as threatening messages, call records, photographs of injuries, or any other material that supports your case.
• Cooperate with the Investigation: Fully cooperate with the police during their investigation. Provide them with all the information and evidence you have.
• 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 experiencing abuse or feel your life is in danger from your partner:

• Seek Immediate Help: Do not hesitate to call the police or a national helpline for women in distress. Your safety is paramount.
• Confide in Someone: Talk to a trusted family member or friend about your situation. Isolation can increase your vulnerability.
• Gather Proof: If it is safe to do so, start collecting evidence of the abuse or threats. This can include pictures, videos, or audio recordings.
• Seek Legal Protection: The law provides for protection orders under the Protection of Women from Domestic Violence Act, 2005, which can restrain the abusive partner from contacting or approaching you.
• 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

Upon receiving a complaint of this nature, the police are mandated to act swiftly. Under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the procedure involves:

• Registration of FIR: The police will register an FIR and provide a copy to the complainant free of cost.
• Investigation: An investigating officer (IO) will be assigned to the case. The IO will visit the crime scene, collect evidence, and record statements from the victim, accused, and witnesses.
• Arrest: Based on the preliminary evidence and the gravity of the offence, the police may arrest the accused to prevent them from tampering with evidence or harming the victim further.
• Filing of Chargesheet: Once the investigation is complete, the police will file a chargesheet (final report) in the appropriate court, detailing the evidence collected and the charges against the accused. The BNSS emphasizes a time-bound investigation to ensure speedy justice.

FAQs people normally have

Can I file for divorce and a criminal case simultaneously?
Yes, civil proceedings for divorce and criminal proceedings for an offence like attempt to murder or cruelty are separate legal actions and can be pursued at the same time. The outcome of one does not necessarily depend on the other.

What if the police refuse to file an FIR?
If the police refuse to register an FIR, you can send a written complaint to the Superintendent of Police (SP) by registered post. If no action is taken, you can file a complaint directly with the Magistrate’s court under Section 175(3) of the BNSS, 2023, asking the court to direct the police to register the FIR and investigate the matter.

What evidence is required?

To build a strong case, the prosecution relies on various forms of evidence:

• Direct Evidence: Eyewitness testimonies from people who saw the incident.
• Circumstantial Evidence: Evidence that points towards the guilt of the accused, such as motive (e.g., an extramarital affair, property dispute), prior threats, or the accused’s presence at the scene.
• Forensic Evidence: Medical reports (MLC), post-mortem reports, DNA evidence, and forensic analysis of the crime scene.
• Digital Evidence: Call detail records (CDRs), WhatsApp chats, emails, social media posts, and location data that can establish conspiracy or motive.
• Witness Testimonies: Statements from friends, family, or neighbours who can attest to a history of abuse or conflict.

How long will the investigation take?

The duration of a police investigation can vary significantly depending on the complexity of the case. Factors include the number of witnesses, the amount of forensic evidence to be analyzed, and the cooperation of the parties involved. While the BNSS, 2023, aims to streamline the process and mandates time-bound procedures for certain stages, a complex investigation into a serious crime like murder or attempt to murder can still take several months to complete before a chargesheet is filed.

Advocate Sudhir Rao, Supreme Court of India