If a man is a victim of violence at home (by wife, partner, in-laws, etc.), he can rely on these sections of Bharatiya Nyaya Sanhita, 2023:

Sec 115 BNS → Voluntarily causing hurt.

Sec 116 BNS → Voluntarily causing grievous hurt.

Sec 351 BNS → Criminal intimidation (threats).

Sec 352 BNS → Insult intended to provoke breach of peace.

Sec 73–75 BNS → Wrongful restraint, confinement.

Sec 136–140 BNS → Extortion, criminal intimidation, criminal breach of trust (financial abuse).

Sec 356 BNS → Word, gesture or act intended to insult modesty (applies broadly, not only against women).

These apply to any victim, whether male or female.

BNSS, 2023 (new CrPC) gives the following safeguards:

• Right to File FIR → Any male victim can lodge FIR under the above BNS sections. Police are duty-bound to register it.
• Right Against False Cases (498A-type misuse)
  • Men falsely accused can seek anticipatory bail (Sec 482 BNSS, earlier Sec 438 CrPC).
  • Discharge application before trial if evidence is weak.
  • Quashing petition before High Court (Sec 482 BNSS, equivalent to old Sec 482 CrPC inherent powers).
• Right to Speedy Trial → BNSS mandates time limits for investigation & trial in many offences.
• Right to Electronic Evidence → BNSS + BSA recognise WhatsApp, emails, CCTV, voice recordings etc. as valid evidence (important for men proving harassment or blackmail).

Step 1: Immediate Safety & Complaint

• If assaulted or threatened → File FIR at nearest police station.
  • Use relevant BNS sections:
    • Sec 115 (hurt), Sec 116 (grievous hurt)
    • Sec 351 (criminal intimidation)
    • Sec 73–75 (wrongful restraint/confinement)
    • Sec 356 (insult by words/gesture)
    • Sec 136–140 (financial extortion / breach of trust)
• You can also file a NC (Non-Cognizable) complaint if police refuse FIR.
• Preserve evidence: medical reports, photos of injuries, audio/video recordings, WhatsApp chats.

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Step 2: Protection Against False 498A-type Cases

If wife/in-laws file a case of cruelty or dowry harassment:

• Apply for Anticipatory Bail under Sec 482 BNSS (new law, old Sec 438 CrPC).
• Collect evidence to show innocence (CCTV, messages, witnesses).
• Approach High Court for Quashing under Sec 482 BNSS inherent powers if case is clearly false.

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Step 3: During Police Investigation

• BNSS fixes time limits → investigation in most offences must be completed quickly.
• Demand a copy of the FIR & progress report.
• Cooperate with investigation, but don’t give unnecessary statements without legal advice.

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Step 4: Defence in Court

• File Discharge Application (before charges are framed) if no strong evidence.
• If trial proceeds:
  • Cross-examine complainant effectively.
  • Submit electronic evidence (WhatsApp, emails, CCTV, voice) – valid under BSA, 2023 (new Evidence Act).
  • Witnesses can also give video-conference testimony under BNSS.

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Step 5: Civil Remedies (Parallel Options)

• Divorce Petition under Hindu Marriage Act (Sec 13(1)(ia) – cruelty).
• Custody / Visitation Rights for children (Guardians and Wards Act, 1890).
• Injunctions (civil suit) to restrain wife/in-laws from entering home or harassing.

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Step 6: Action Against False Allegations

• File Defamation Complaint (Sec 356 BNS – insult/defamation).
• File Malicious Prosecution case if police case was fake & acquittal obtained.
• Claim Compensation under Tort law (civil damages).

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Quick Checklist for Men

1. File FIR if physically harmed (BNS sections).
2. Apply anticipatory bail (Sec 482 BNSS) if false case filed.
3. Preserve electronic/medical evidence.
4. Move for divorce & custody if marriage not workable.
5. Seek quashing/discharge to avoid long trial.
6. File counter-cases for defamation/harassment if false case proven.

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