Domestic Violence Law in India: What Every Victim Should Know

This blog outlines domestic violence law in India; how domestic violence case law in India provides protection of domestic violence victims and the process that involves domestic violence case law in India including punishments and remedies.

Domestic violence isn't just violence, it can also include emotional, sexual and financial abuse perpetrated in a household. India sees thousands of these kinds of cases reported every year, which means that there are many more still not talked about due to shame and pressure from family. 

A Matter of Law: What is Domestic Violence Law in India?

The Protection of Women from Domestic Violence Act, 2005 is the primary legislation regulating domestic violence. This Act provides civil remedies such as protection orders, rights of residence, custody, and monetary relief.

This is a civil matter which means that the focus isn’t punishment (as in criminal law) - the focus is on ending the violence (reconciling violence) and protecting the victim.

The civil law is intended to intervene before the violence becomes serious enough to invoke a criminal section of law such as the Section 85 of the Bharatiya Nyay Sanhita (BNS), 2023, cruelties by a husband or relatives.

Domestic Violence Case Law in India

Courts have gradually broadened the definition of abuse to include mental cruelty, economic disadvantage, and threats to health.

In several instances of domestic violence cases in India, the courts have asserted a woman's right to live in a shared home even if it is owned by her in-laws.

What happens in a domestic violence case in India?

●       A victim will take their matter to a Magistrate's Court or Protection Officer.

●       A protection order may be made.

●       The abuser is barred from contacting or harming the victim.

If violence continues, the punishment under domestic violence law can mean imprisonment of up to 3 years, a fine, or both under Section 85 BNS.

FAQs

Q1. Can domestic violence be reported after the marriage or live-in relationship has ended?

Yes, a victim can report abuse that occurred to them in the past even after they are divorced.

Q2. Can men initiate domestic violence cases?

The Act is geared toward female victims of domestic violence; nonetheless, men may also look for remedies and refer to the general criminal laws.