How to File a Complaint Against a Military Personnel Who Is a Family Member

It can be a challenging and sensitive situation when family members, especially those in positions of authority like military personnel, engage in abusive behavior. Recently, a reader sought guidance on how to file a complaint against an Indian army personnel who is a brother-in-law and frequently beats his sister when he is under the influence of alcohol.

Consider the Sibling's Readiness

Before taking any action, it is crucial to consider the potential impact on the relationship with your sister. She must be willing and prepared to file a complaint. Without her cooperation, any attempt to lodge a complaint may be futile and could even risk damaging the familial relationship.

Furthermore, her willingness to file a complaint will ensure that there is a credible witness. If pressed to do so, it might lead to a divorce. Therefore, it is essential to ensure that your sister is ready to proceed with the complaint process.

Legal Implications

Any form of domestic violence or assault, including physical abuse, is a criminal offense under Indian law. The abuser can indeed file a case of mental trauma or harassment if the complaint turns out to be false. A false complaint can result in legal repercussions for both the complainer and the accused, and may lead to the filing of numerous frivolous lawsuits. The army generally does not interfere in personal matters but will take action if any wrongful conduct is confirmed.

Mainstream Pathways for Filing a Complaint

The best and most straightforward avenue to address such issues is to approach the nearest police station. Your sister should register an FIR (First Information Report) against the abuser. This step is critical to formally document the abuse and initiate an official investigation.

Providing necessary evidence, such as medical reports, witness statements, and any other evidence of the abuse, can strengthen the case. Additionally, your sister can approach her superior officers within the army to lodge a formal complaint. It is important to note that she does not need to wait until she has been physically assaulted to file a complaint with the police or her superiors.

Compliance with Legal Requirements

In cases of domestic violence, the military personnel can be tried under civil law. The civil court will handle the case, and there is no additional requirement for special permission or other formalities. Your sister should go to the nearest police station in the area where they reside and file a complaint of domestic violence against her brother-in-law. Once the court intervenes, the military personnel can be removed from active duty as the court sentences him to jail.

For any criminal or civil misdoings in their unofficial capacity, your sister can file a complaint directly with the local police station. This does not require any special permission, and her complaint will be treated with the same level of seriousness as any other citizen's complaint.

Lastly, if the police do not take appropriate action, you may seek assistance from a lawyer who can guide you on the necessary legal procedures and ensure that your sister's rights are protected.

It is crucial to handle these matters with care and under the guidance of legal experts to ensure that both your sister's safety and the due process of law are upheld.