Couple Protection

Couple Protection Under BNS & BNSS

In India, couples often face challenges due to societal pressures, family opposition, and false allegations. The Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) provide legal safeguards to protect their rights.

Legal Rights for Couples

  • Right to Choose a Partner: As per Article 21 of the Indian Constitution, every adult has the right to marry a person of their choice.
  • Protection from Family & Societal Threats: Couples facing threats from family or society can seek protection through High Court or police intervention.
  • Legal Action Against False Allegations:
    • False accusations like kidnapping or rape in love marriages can be challenged under BNS provisions.
    • Filing writ petitions in High Court ensures protection from unlawful harassment.
  • Anticipatory Bail for False Cases: Couples falsely accused under laws like dowry harassment (Section 80, BNS) can apply for anticipatory bail to prevent arrest.

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Steps to Seek Legal Protection

  • File a Complaint: Approach the local police or the State Human Rights Commission for protection from threats.
  • High Court Petition: Under Article 226, couples can seek protection orders from the High Court.
  • Marriage Registration: A legally registered marriage under the Special Marriage Act strengthens legal protection.
  • Safe Shelter Option: The State Women’s Commission and NGOs provide shelter and legal help for couples at risk.

The BNS & BNSS laws ensure that individuals can live with dignity, free from social and legal harassment. Seeking legal protection in time can help couples safeguard their rights and future.

Couple Protection Under BNS & BNSS

Couple protection refers to legal safeguards that protect married and live-in couples from false allegations, harassment, and social interference.
The Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) provide strong legal provisions to ensure that couples can live peacefully without fear of wrongful persecution.

Why Couple Protection is Important?

Many couples, especially those in interfaith or inter-caste relationships, face opposition from families and society. The High Court and Supreme Court recognize their fundamental rights and provide legal protection.

  • Right to Choose a Partner: Under Article 21 of the Constitution, adults have the right to marry or live with a partner of their choice.
  • Protection from False Cases: BNS ensures stricter penalties for false accusations like abduction, rape, or dowry harassment.
  • Legal Support for Live-in Couples: BNSS provides procedural safeguards to protect live-in partners from wrongful arrest or harassment.
  • Police & Court Protection: Couples facing threats can seek legal protection from the High Court under Article 226.

Legal Documents Required for Protection

To ensure legal protection, couples must have proper documentation. Under BNSS, authorities now follow a stricter process to validate marriage claims.

  • Marriage Registration Certificate: Proof of legal marriage under the Special Marriage Act.
  • Age Proof: Both partners must be 21 years old as per BNSS guidelines.
  • Notarized Affidavit: A declaration confirming voluntary marriage or live-in relationship.
  • Police Intimation: Couples can send a formal notice to the police for protection against false cases.

How to Seek Legal Protection?

If couples face threats or legal harassment, they can take the following steps under BNS & BNSS:

  • File a Complaint: Report threats at the nearest police station or Human Rights Commission.
  • Seek Protection from the High Court: Under Article 226, couples can request protection orders.
  • Apply for Anticipatory Bail: If falsely accused, they can prevent arrest by seeking bail under BNSS.
  • Use Shelter Homes & NGOs: Safe houses and legal aid centers help couples in distress.

Notice of Intimation for Safety

To prevent false allegations, couples can submit a Notice of Intimation to legal authorities:

  • Send a Letter: Notify police and administrative offices about the marriage.
  • Publish a Marriage Notice: Announcing the marriage in a newspaper strengthens legal protection.
  • Request Police Protection: A formal request forces authorities to safeguard couples under court orders.

How Advocate Can Assist?

  • Confidential & Secure: All documents and personal details remain private.
  • Expert Legal Support: Professional guidance ensures smooth legal procedures.
  • Hassle-Free Process: Legal paperwork and court formalities are managed efficiently.
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