Police complaint against wife for mental harassment and giving life threats
08-Jul-2024 (In Family Law)
Yes. You can file an online complaint/e'FIR for physical assault, criminal intimidation, wrongful confinement or related offences and seek police protection; the BNSS expressly permits electronic reporting of cognizable offences (see BNSS s.173 on e'FIR/recording of information). Relevant substantive offences are in the BNS (e.g. hurt/assault, wrongful confinement, criminal intimidation -BNS ss.114,130,127,351). If a station refuses to record a cognizable offence you can escalate to the Superintendent or approach the Magistrate; the Supreme Court's Lalita Kumari principle requires registration of FIRs where a cognizable offence is disclosed and BNSS preserves escalation routes (see Lalita Kumari v. Govt. of U.P. and BNSS s.173(4)). Preserve all messages/calls/CCTV and report online also at the National Cyber Crime Portal. Statutes and sources: BNSS (s.173) [https://ijlsss.com/re-evaluating-access-to-justice-a-critical-analysis-of-fir-registration-under-the-bharatiya-nagarik-suraksha-sanhita-2023/], BNS (offences: hurt/assault/wrongful confinement) [https://ipclaws.in/bns/], BNS s.351 (criminal intimidation) [https://vakilsearch.com/bns/sections/351], Lalita Kumari (FIR registration principle) [https://www.lawyersclubindia.com/articles/lalita-kumari-vs-state-of-up-ors-2014-guidelines-relating-to-registration-of-fir-16402.asp], BNS/BNSS/BSA texts/notification (new criminal laws) [https://www.writinglaw.com/bharatiya-nyaya-sanhita/; https://www.scribd.com/document/708065501/Bhartiya-Nagarik-Suraksha-Sanhita-2023; https://courtbook.in/search/act/the-bharatiya-sakshya-adhiniyam-2023-6690db0827e75d8a5ebb2db5], National Cyber Crime Portal: [https://cybercrime.gov.in].
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