In India, domestic violence has always been a severe social evil affecting women. It mostly occurs within closed doors, so victims rarely come out to narrate what happened or seek help. The law in India, however, gives strong legal protection and acceleration by way of immediate remedies to women against abuse, so a woman could assert her rights without any delay.
Through the Protection of Women from Domestic Violence Act 2005 (PWDVA), the corresponding provisions of the Indian Penal Code (IPC)/Bhartiya Nyaya Sanhita (BNS), and constitutional guarantees, legal tools are available for women to protect their safety, dignity, and justice.
What Does Domestic Violence Mean Exactly in India?
Section 3 of the Protection of Women from Domestic Violence Act, 2005, defines domestic violence as including:
- Physical abuse: hitting, kicking, burning;
- Sexual abuse: forced or coerced sex;
- Verbal or emotional abuse: insults, threats, and unrelenting criticism.
- Economic abuse: denying money, seizing income, cutting off access to essentials
- Intimidation: threats to her or loved ones
My husband never hit me, but he would control every rupee I spent even for my child’s school fees. I didn’t know that could also be considered abuse. Client Testimonial, 2023.
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How to Report a Domestic Violence Complaint in India?
The complaint may be filed with:
- A Protection Officer
- The Police
- A Magistrate
- NGOs or recognized service providers
- National or State Women’s Commissions
It is something that can happen anytime either by the woman herself or by someone acting on her behalf.
Legal Basis: Section 12 of PWDVA, however, permits the woman to apply directly to the magistrate.
Case Insight: V.D. Bhanot v. Savita Bhanot (2012): Even old acts of violence before 2005 can be addressed under this Act.
What is a Protection Order and How Fast Can You Get One?
Once a complaint is filed, the court can issue a Protection Order under Section 18 of the PWDVA that:
- Stops the abuser from contacting or approaching you
- Bars him from your home or workplace
- Prevents him from disposing of shared property
I got a speedy ex-parte protection order in less than two days. It kept my abusive brother-in-law away while the case continued. Legal Aid Beneficiary, Mumbai
Relevant Case: Bharat Bhushan Batra v. Sarika Batra: Even jointly-owned homes can fall under protection orders.
Can You Stay in the Matrimonial Home After Domestic Violence?
Yes. Section 19 gives women the legal right to stay in the shared household, even if they don’t own it.
The court can:
- Prohibit eviction
- Order the abuser to move out
- Provide alternate accommodation
I had nowhere to go. My in-laws said it wasn’t my house. But the court told them otherwise. I was let to stay. Lucknow Survivor
Need Financial Support? Here’s What You Can Claim
Under Section 20, courts can grant monetary relief to cover:
- Medical bills
- Lost income
- Maintenance for you and your children
- Other costs related to the abuse
Noteworthy Judgment: Kirtikant D. Vadodaria v. State of Gujarat: Women are legally entitled to maintenance; it is not charity.
What If Children Are Involved?
You can apply for interim custody of your children under Section 21.
The court will also:
- Limit or deny visitation to the abuser if it’s unsafe
- Prioritize the child’s well-being over everything
Can You Get Compensation for the Pain You’ve Suffered?
Yes. Courts may, in accordance with Section 22, mandate that the abuser provide compensation for:
- Emotional and physical pain
- Psychological trauma
- Long-term disruption to your life
What Should You Do in an Emergency?
Dial These Helplines Immediately
- 112 – National emergency
- 181 – Dedicated women’s helpline
- Local DLSA or Legal Aid Office – For free legal support
I called 181 at 2 AM when he locked me in the room. Police came within 20 minutes and helped me file a Zero FIR. Anonymous Caller, Delhi
What is a Zero FIR?
You can file a Zero FIR at any police station, regardless of where the incident occurred. It ensures no delay in help, especially in life-threatening situations.
What Criminal Charges Can Be Filed for Domestic Violence?
Sections under IPC/BNS that may apply:
- Section 498A IPC / Section 85 BNS: Deals with cruelty by husband or his relatives towards a woman.
- Section 323 IPC / Section 115(2) BNS: Pertains to causing hurt to another person.
- Section 506 IPC / Section 351(2) BNS: Relates to criminal intimidation, including threats to cause harm.
- Section 354 IPC / Section 74 BNS: Covers assault or use of criminal force on a woman with intent to outrage her modesty.
Landmark Ruling: Arnesh Kumar v. State of Bihar: Balanced arrest procedures while ensuring genuine complaints are taken seriously.
Who Are Protection Officers and What Do They Do?
They’re government-appointed officials under Section 8 of PWDVA who help with:
- Filing the complaint
- Ensuring shelter and medical help
- Connecting you with legal aid
- Preparing the Domestic Incident Report (DIR)
“I even went to court with my district’s Protection Officer. That support meant everything.” -DV survivor, Rajasthan
Where Else Can You Seek Help?
- Free legal counsel and attorneys are provided by the Legal Services Authorities (DLSA, SLSA, and NALSA).
- One Stop Centres (OSCs)- Case support, counselling, and shelter
- Women’s Cells at police stations
These institutions ensure holistic support during and after legal proceedings.
Will Your Case Be Heard Quickly?
Yes. Section 12(5) mandates that your case be heard and resolved within 60 days of the first hearing, ensuring you get justice faster.
Is Domestic Violence a Violation of Fundamental Rights?
Absolutely. The Constitution’s Article 21 protects the right to a dignified existence. No woman should have to live in dread in her own house, according to court rulings.
Landmark Cases at a Glance
- V.D. Bhanot v. Savita Bhanot: It was determined that domestic violence incidents that took place prior to the Protection of Women from Domestic Violence Act’s (PWDVA) passage are covered by the Act’s retroactive application.
- Satish Chander Ahuja v. Sneha Ahuja: Affirmed that a woman has the right to reside in the shared household, even if she does not own the property and the house belongs to in-laws.
- Arnesh Kumar v. State of Bihar: Laid down guidelines to prevent arbitrary arrests under Section 498A IPC, requiring police to conduct preliminary inquiry and issue notice before arrest.
- Kirtikant D. Vadodaria v. State of Gujarat: Reinforced that maintenance for a woman is her legal right, not an act of charity, and is essential to ensure her dignity and survival.
Final Words: You Are Not Alone
If you are facing abuse, remember: You are entitled to freedom, dignity, and safety.
Whether it’s getting a protection order, financial help, or a safe place to stay, the law is on your side. Reach out. Speak to a Protection Officer. File a complaint. Call 181. Help is real, immediate, and effective.
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 I get legal help if I don’t have any income or savings?
Yes, regardless of their financial situation, women are entitled to free legal assistance in domestic violence cases under the Legal Services Authorities Act. You can approach the nearest DLSA or OSC for support.
2. What happens after I file a complaint under the PWDVA?
The Magistrate may issue interim relief like a Protection Order, residence order, or maintenance, often within the first few hearings. The court also directs a Protection Officer to assist.
3. Do I need to provide evidence of violence to get help?
You can file a complaint based on your statement, and the Protection Officer or police will assist in collecting evidence. Medical records, witness accounts, or messages may help but are not always required initially.
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