Domestic violence is a harsh reality with which Indian society still finds itself trying to grapple. To protect women from abuse within domestic relationships, the parliament enacted the Protection of Women from Domestic Violence Act, 2005 (PWDVA). While this law helps protect genuine victims, concerns have been raised about its misuse over the years by the Indian courts and civil rights groups, with false accusations being made against men, mostly during marital disputes and disputes over property.
When a man is held in wrongful accusation for domestic violence, the false accusations cause severe damage to the man’s reputation, career, mental well-being, and family life. Thus, it is important that men identify legal rights and remedies that may protect them from such wrongful prosecutions. This article sets forth a full-fledged guide with regard to the legal safeguards for men who have been wrongly accused of domestic violence in India, along with the relevant Supreme Court precedents and practical legal mechanisms.
Need A Legal Advice
The internet is not a lawyer and neither are you. Talk to a real lawyer about your legal issue
What Does the Law Actually Say? Understanding PWDVA’s Scope
Protection of Women from Domestic Violence Act, 2005, is a civil law protecting women from any form of abuse within relationships.
It allowed for protection orders, residence rights, monetary compensation, and relief from harassment. Various types of abuse are recognized under this Act such as physical, verbal, emotional, sexual, and economic.
But that does not mean men are immune from legal trouble. False accusations under PWDVA, Section 498A IPC/Section 85 BNS (cruelty), and related laws can lead to:
- Arrest and detention
- Social stigma
- Professional and personal ruin
- Harassment of family members
Courts Are Aware of the Misuse: What the Supreme Court Says
- In recent years, Indian courts have acknowledged the trend of misuse of domestic violence laws.
- Rajesh Sharma & Ors. v. State of U.P. (2017): The Supreme Court observed:
- There have been numerous cases when complaints under Section 498A IPC have been lodged with oblique motives and are not genuine.
- As a result, the Court advised greater scrutiny of complaints and procedural safeguards to protect innocent men.
Legal Rights Every Man Should Know When Facing False Domestic Violence Charges
Right to a Fair Trial
Under Article 21 of the Constitution, every citizen has the right to a fair and speedy trial. If falsely accused, you should:
- Apply for anticipatory bail under Section 438 CrPC/Section 482 BNSS
- Obtain a copy of the FIR and any court notice
- Present evidence (messages, emails, witnesses) to prove your innocence
Right to Anticipatory Bail
- Arnesh Kumar v. State of Bihar (2014): The Supreme Court ruled: Because the offense is cognizable and not subject to bail, no arrest should be made.
- This means the police cannot automatically arrest you. You can apply for anticipatory bail to stay out of jail.
Right to Quash a False FIR
- As per Section 482 CrPC/Section 528 BNSS, men who have been wrongly accused may petition the High Court to have a bogus FIR dismissed.
- Preeti Gupta v. State of Jharkhand (2010): The Court stressed the need to examine and reject pointless cases.
Right to File a Defamation Case
If false accusations damage your reputation:
- File a civil defamation suit (under law of torts)
- File a criminal defamation complaint under Sections 499 & 500 IPC/ Section 356 (1) & (2) BNS
This ensures that false accusations do not go unchallenged.
Right to Claim Compensation for Malicious Prosecution
- Under Section 250 CrPC/Section 273 BNSS, if the court finds that the accusation was malicious, you can seek compensation.
- You may also file a civil suit for damages (for mental trauma, loss of reputation, legal expenses).
Right to Seek Custody or Visitation of Children
- One of the most painful effects of false accusations is losing access to children.
- Under the Guardians and Wards Act, 1890, a father can apply for:
- Custody
- Visitation rights
- Shared parenting, where possible
- Family courts prioritize the child’s best interest, not just pending allegations.
Right to File for Divorce Based on Mental Cruelty
- False accusations can themselves amount to mental cruelty, a valid ground for divorce.
- K. Srinivas Rao v. D.A. Deepa (2013): The Supreme Court decided that divorce is justified when false accusations amount to character assassination.
Right to File a Counter-Case Against the False Accuser
Men can file counter-cases under:
- Section 120B IPC/Section 61 (2) BNS (criminal conspiracy)
- Section 182 IPC/Section 217 BNS (providing false information)
- Section 211 IPC/Section 248 BNS (false charge of offense)
A good lawyer can help you strategically file a counter-complaint to expose falsehood.
What If Your Entire Family Is Falsely Accused?
Often, entire families, including elderly parents, are dragged into false domestic violence cases.
Kans Raj v. State of Punjab (2000): The Supreme Court warned against the habitual misuse of law to harass entire families.
Family members can:
- Seek anticipatory bail
- File for quashing of false cases
- Seek discharge where no role is specified
A Changing Legal Climate: Are Courts Taking Notice?
Yes. Recent data shows:
- NCRB 2022: Nearly 80% of 498A cases end in acquittal or withdrawal.
- Courts are emphasizing mediation and reconciliation before prosecution.
- There is growing demand for gender-neutral domestic violence laws.
Legal Remedies for Men in False Domestic Violence Cases
- Anticipatory Bail: Section 438 CrPC/Section 482 BNSS
- Quashing of FIR: Section 482 CrPC/Section 528 BNSS
- Divorce on Grounds of Mental Cruelty: Section 13(1) (i-a), Hindu Marriage Act
- Claim for Malicious Prosecution: Section 250 CrPC/Section 273 BNSS
- Defamation (Civil and Criminal): Sections 499-500 IPC/Section 356 (1) & (2) BNS
- Perjury (Giving False Evidence): Section 193 IPC/Section 229 BNS
- Filing a Counter-Complaint: Section 211 IPC/Section 248 BNS
- Child Custody and Visitation Rights: Guardians and Wards Act, 1890
First-Hand Tips: How I Fought Back
- Document everything. Every call, message, email counts.
- Stay calm. Emotional outbursts can be used against you.
- Hire an experienced lawyer. This is the single most critical decision.
- Support your parents legally. Apply for anticipatory bail for them too.
- Do not ignore mediation. Sometimes amicable settlements are possible.
- Be prepared for a marathon, not a sprint. But justice is achievable.
Conclusion: Protect Yourself, Protect Your Family
False accusations under domestic violence laws can destroy lives. The key to fighting back lies in:
- Knowing your rights
- Acting swiftly
- Following proper legal processes
- Protecting your family
- Exposing falsehoods through proper evidence and court remedies
As Indian courts evolve, there is growing awareness about the misuse of these laws. But legal reform takes time, until then, knowing the right steps to take can make all the difference.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. Can a man be arrested immediately after a false domestic violence complaint?
No. After the Arnesh Kumar judgment, police are required to follow strict guidelines before making an arrest in false domestic violence cases. Anticipatory bail is an effective safeguard.
2. How long does it take to quash a false FIR in domestic violence cases?
It depends on the High Court’s docket, but with a strong legal strategy, many cases can be quashed within a few months.
3. Can false domestic violence charges affect a man’s job or passport?
Yes. Many employers conduct background checks. Also, in some cases, passport renewal or travel can be restricted if there is a pending criminal case.
Talk to a Lawyer