Domestic Violence Cases in India: What Counts as Abuse and What is the Punishment?

This blog talks about domestic violence cases, how Indian law defines abuse, domestic violence case punishment under key legal provisions, and when the role of a domestic violence lawyer may become crucial in seeking justice.

In India the issue of domestic violence does not just involve beating. It contains emotional, verbal, sexual, and economic abuse. Both the Protection of Women from Domestic Violence Act, 2005 provides civil remedies; there are also criminal provisions in the Indian Penal Code (IPC) for which a criminal case could arise.






What is Domestic Violence?

Physical Abuse- any sort of physical abuse.

Emotional and Verbal Abuse- name calling, consistent fear or humiliation.

Economic Abuse- Preventing or obligating economic dependence through withholding money or assets.

Sexual Abuse- Forcing sexual activities in marriage or threats to do so.

A domestic violence lawyer helps navigate legal remedies, file complaints, and seek protection or justice in abuse cases.

Criminal Penalties in Connection to Domestic Violence

Domestic violence case punishment includes up to 3 years in jail, fines, and protection orders under Indian law.

Cruelty: According to Section 85 OF BNS (previously Section 498A of IPC), cruelty by husband or his relatives is punishable by up to 3 years of imprisonment and fine.

The DV Act, 2005 Protections orders – According to the DV Act, 2005, protection orders may be issued, rights to reside, custody of children, compensation.

Violation of Protection Order- can be punished by a jail term of up to 1 year or fine up to 20,000.

FAQs

Q1. Is it possible to have a civil and criminal domestic violence case filed by the wife?

Sure, she can apply to the DV Act and make a domestic violence case under BNS.

Q2. Can mental harassment be the sole ground of instating a case on domestic violence?

Emotional and mental abuse is indeed considered under the law.

 

 

 

 

 

Location: Uniworld Air Rd, Uniworld City, Newtown, New Town, West Bengal 700135, India

Comments

Post a Comment

Popular posts from this blog

The Importance of Choosing the Right Divorce Lawyer

Image
When you are about to start the divorce process, one thing you need to be sure of is that you're hiring only the experienced divorce lawyers The latter, not only being the ones who comprehend the legal perspective impeccably, but also provide emotional support and are the ones you want around you in those difficult moments. Regardless of whether it's mutual consent or a contested divorce, seasoned professionals ensure your rights are never violated. Role and Tasks of a Divorce Lawyer A Divorce lawyer , first of all, assists you in: ●        The process of filing and documentation ●        Alimony and maintenance ●        Child custody ●        Property division ●        Standing by you in court At every step, they guide you with expertise, ensuring you receive the best support from the most knowledgeable and confident prof...
Read more

Understanding partnership deed and its key features

Image
Introduction Entering into the business world, a word that is most commonly used is “partnership”. As it is the most common form of organisation, specially among small and medium enterprises. When a business has been started together by two or more people, there has to be a written document which will clearly define the relationship, responsibilities and rights and this document is called partnership deed . This will act as the foundation of the partnership and will give clarity to make sure there are no disputes in the future. Partnerships have a deed that govern their functions. Exactly the way companies have legal documents like memorandum of association and articles of association.   What is a partnership deed?   A legal document, which sets the terms and conditions which are agreed upon by the partners of a business is called a partnership deed . There are a lot of important details under a partnership deed like -the nature of the business, capital contribution...
Read more

Understanding Indian Domestic Violence Law: Legal Process, Time, and Rights

Image
Domestic violence is a critical problem in India that affects many people, particularly women. Indian law acknowledges physical, emotional, sexual, verbal, and economic abuse that can happen in domestic relationships and has robust legal redress. This blog will walk you through the domestic violence law in India , discuss the duration of a domestic violence case, and shed light on the time limit for a domestic violence case in India . Domestic Violence Law in India: What All Does It Include? The PWDVA of 2005 is the main legislation dealing with domestic violence in India. It is meant to provide speedy and impromptu relief to the victim, especially women in a relationship subjected to abuse. Primary coverages under this law: ●        Right to live in the common household ●        Protection orders to prevent further abuse ●        Custody of children (if required) ●   ...
Read more