Domestic Violence Case Process in India: Step-by-Step Legal Guide

To address domestic violence, which has always been one of the most passing issues in India cutting across social and economic boundaries. The law provides a clear framework for victims to see justice and protection. Well understanding the domestic violence case process is very important. Just not for the victims, but also for families, lawyers, and society at large with the introduction of Bharti and Sunita BNS 2023, replacing the Indian penal code, IPC some provisions have shifted, but the essence of legal protection remains the same. This blog will help you understand the step-by-step process of how domestic violence case law in India is dealt with today.

 



Step 1: Filing the complaint

The first and the foremost step in any case is filing a complaint and so it is a domestic violence case in India. A victim or someone on their behalf can approach the protection officer, local police station or even an NGO authorised under the protection of women from domestic violence act 2005 (PWDVA.)  The serving of PWDVA as the primary civil legislation offering immediate relief like protection, orders, residence, orders, and monetary relief continues.

 

Earlier section 498 IPC and now the new BNS section 85 states cruelty by a husband or his relative treated as a criminal offence and hence victims can register an FI under this section, which provides for imprisonment for up to 3 years and a fine. As there are a lot of domestic violence cases against husband in India.

 

Step 2: Police investigation and protection

 

Now, after the step one that is filing of a complaint which is done and enquiry by the police is conducted and, in this enquiry, police may collect some statements, medical reports and witness testimonies. Other provisions of BNS are also applied if the violence involves criminal acts like assault, wrongful confinement, or a commitment of suicide, depending upon the severity of the abuse. Domestic violence law in India, makes sure that the victim is not forced to live with their abuse or subjected to further harassment and immediate protection. Order can be sought after this stage.

 

Step 3: Filing application in court

 

Can also file an application under the PWDVA in the magistrate court, apart from the criminal actions under the BNS. This civil process helps in securing the rights such as

●       Protection from further violence

●       Right to reside in the shared household

●       Maintenance, and financial support

 

 

Step 4: Court hearings and evidence

The evidence presented like medical documents, police reports, fitness accounts, and state of victim are all examined by court. Speed disposal is a must to prevent prolonged suffering and domestic violence. Case in India emphasises on it. The court will also consider psychological abuse, emotional harassment and economic deprivation while delivering judgements.

 

Step 5: Final order and punishment

The court passes the final order after it is satisfied with the evidence. Punishment for criminal acts falls under relevant provisions of the BNS 2023. For example, section 85 for cruelty Harsh sections of previous century development of suicide is involved alongside civil remedies under the PWDVA continues to provide protection and financial relief.

 

 

Conclusion

With the Bharti and Nyaya SanhitaPNS, now replacing the IPC, the laws have been refrain, but the spirit remains strong and hence the domestic violence case law in India ensures that the victim of access to both civil and criminal remedies, protective victims, punishing abuse and providing justice is still the same for anyone facing such issues or in such situation should know these legal steps which is very crucial for their own safety, dignity and long-term justice as there are a large number of cases filed with issue- “domestic violence case against husband in india”. It is very important to be aware of domestic violence law in India.

Location: Action Area III, Chotto Chandpur, Newtown, New Town, West Bengal, India

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