I have suffered years of psychological abuse, isolation from family, monitoring of my phone and constant belittling by my husband. There are no visible injuries or physical violence. Will the Kolkata Police register a criminal complaint based purely on mental harassment and what evidence should I collect before approaching them?
If your husband or his family has never physically harmed you but you are experiencing serious mental harassment in Kolkata, you can absolutely file a criminal complaint, since Indian law does not require physical violence as a precondition for cruelty-related offences. Section 85 of the Bharatiya Nyaya Sanhita (formerly Section 498A IPC) treats wilful conduct causing grave mental injury or driving a woman toward severe psychological distress as cruelty in its own right, entirely independent of whether any physical assault occurred alongside it.
This means behaviour such as consistent verbal abuse, threats, controlling conduct, humiliation in front of family or in public, deliberate neglect, or persistent taunting over issues like dowry, appearance, or family background, can all form the basis of a valid complaint if it rises to the level of cruelty contemplated under the law. What courts in Kolkata examine is whether the conduct was wilful and whether it was of a nature likely to cause grave injury or danger to your mental health or wellbeing, which is a fact-specific inquiry rather than a rigid checklist.
In addition to the criminal complaint under BNS provisions, you may also have simultaneous remedies available under the Protection of Women from Domestic Violence Act, 2005, which specifically recognises emotional and psychological abuse as forms of domestic violence and allows you to seek protection orders, residence orders, and monetary relief through the Magistrate's court, running alongside any criminal complaint you pursue.
Because mental harassment cases depend heavily on establishing a credible pattern of conduct over time, documenting incidents as they occur, through messages, diary entries, or witness accounts, strengthens your case considerably. Aapka Legal Advice can help you organise this evidence and file a complaint that accurately captures what you've experienced.
If you're facing mental harassment in your marriage in Kolkata without physical violence, don't assume this means you have no legal recourse. Consult experienced criminal lawyers in Kolkata about filing a complaint under the relevant provisions available to you.