Optional Grouping: Complaints

Who can you complain to regarding a grievance under the law?

In case a person has given the notice to have their marriage performed by or in the presence of a Marriage Registrar, and the Registrar has refused to issue a certificate of marriage, one can approach the Court. Those residing in the towns of Mumbai, Kolkata, and Chennai can directly approach their respective High Courts, while those not residing there can approach the District Court.1 

Complaints regarding minor marriages

The Marriage Registrar must wait for 14 days from the date of receiving the notice in order to issue a certificate of receipt of notice, when one party is a minor (below the age of 21 for Christian Marriages). However, in case one cannot wait for 14 days in order to get the certificate, they can file a petition in their respective High Court, to get the certificate of receipt of notice within 14 days of the notice. However, this option is available only to the residents of Kolkata, Mumbai, and Chennai.2

  1. Section 46. Indian Christian Marriage Act, 1872.[↩]
  2. Section 43, Indian Christian Marriage Act, 1872.[↩]

How can you File a Criminal Complaint for Domestic Violence?

In addition to filing a case for domestic violence, where you can seek, among other things, protection or monetary relief, you can also1 file a criminal case with the Court against the harasser if the violence you faced is severe. By filing a criminal case, the harasser would be punished for the act of violence committed with jail-time and a fine. Your lawyer must inform the Court that both the cases have been filed2.

Before filing the criminal case, you will have to go to the police station and file an FIR. You can file an FIR with the police using Section 498A of the Indian Penal Code, 1860.

A criminal case can be filed for the following reasons3:

  • If the harasser drives a woman to commit suicide4 .
  • If the harasser causes or tries to cause any grave injury to the woman or danger to the life or health of a woman.
  • If the harasser affects the mental health of a woman to such a degree that it is a danger to her life.
  • If the harasser through any words or physical actions causes any mental stress or psychological distress to the woman4.
  • If the harasser forces a woman to give dowry or unlawful demand for any property or valuable security.

If convicted by the Court for any of the crimes given above, the harasser will have to pay a fine to the Court and face imprisonment for up to 3 years.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

  1. Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736.[↩]
  2. Sirajuddin Khan @ Siraj v. Dr. Shahnaz Firdous M.Cr.C NO. 10341 OF 2011.[↩]
  3. Section 498A, The Indian Penal Code, 1860.[↩]
  4. Rupali Devi v. State of U.P & Ors. (2019) 5 SCC 38.[↩][↩]

How can you file a complaint against domestic violence?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

You or anyone on your behalf, can approach the authorities listed below to file a complaint against any domestic violence that you have been facing:

Police

Go to the Police Station 

You can approach the police station in your area, or any other police station, and file a complaint for domestic violence. The police will file a DIR/FIR and/or direct you to the Protection Officer of the district who will be able to help you out further.

Protection Officer

Approach the Protection Officer 

To file a complaint, the Protection Officer of the district will be the first point of contact for you. The Protection Officer will help you file a Domestic Incident Report (DIR), make applications to the Court to get you monetary relief, protection etc. A state-by-state list of Protection Officers is given here. If you cannot find the Protection Officer of your area, you can reach out to NGOs, civil society organizations and service providers who will put you in touch with one.

National and State Commissions for Women

Approach the National/State Commission for Women

National Commission for Women (NCW) is a national-level government organization that is empowered to investigate complaints related to issues faced by women, such as domestic violence, dowry harassment, rape, etc. The NCW will help you by:

  • Monitoring and expediting the investigations being led by the police.
  • Providing counselling or a hearing before the NCW, so that the dispute can be resolved between the two parties.
  • Constituting an Inquiry Committee which makes spot inquiries, examines witnesses, collects evidence and submits the report with recommendations regarding the domestic violence.

You can get in touch with them by either calling the helpline number 1091, or sending an email to ncw@nic.in or filing an online complaint. As the NCW is located in New Delhi, you can approach the State Commission of Women situated in your state, and ask them for help.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

Who can You Complain against for Domestic Violence?

You can complain against both men and women for domestic violence. You can complain against the following:

  • Your family: You can complain about your family, if they are subjecting you to domestic violence, in the following circumstances:
    • If you are related to the harasser by blood, you can file a case against them. For example, your father, brother, etc.
    • If you are related to your harasser by marriage, you can file a case against them, such as your in-laws, husband, etc.
    • If you are related to your harasser by virtue of living together as a joint family, you can file a case against them. For example, your grandmother, uncle, adopted brother, etc. However, you can complain only against those who were complicit in the violence.1 For example, if you live in a joint family with ten people, and only your mother-in-law and husband subjected you to violence, you can complain only against them.
  • Your live-in partner: If your live-in partner hurts or abuses you, you can file a complaint against him.
  • Minors: You can complain against a minor who is subjecting you to domestic violence.2 For example, if a 16 year old boy in your family is physically hurting you, then you can file a complaint for domestic violence.

While going to Court, keep in mind that you must have been subjected to domestic violence by someone with whom you have shared not only a domestic relationship but also shared a household.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

  1. Ashish Dixit v. State of UP & Anr. (2013) 4 SCC 176.[↩]
  2. Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165.[↩]

What is the Time Limit to Complain against Domestic Violence?

There is no specific time limit1 for filing a complaint against domestic violence, but you must be able to prove that you were in a domestic relationship with the harasser at the time the violence took place. However, if there is a delay in complaining against the domestic violence that you have faced, you might be asked to explain the reasons behind the delay.

Given below are some specific situations where you may file a complaint against domestic violence:

Complaining for Acts before 2005

Though the law2 on domestic violence came into force in 2005, the law allows you to file an application for relief and/or protection even against any domestic violence that happened before 2005. If you are a woman who faced violence before 2005,  you would still be entitled to protection under the law and you can approach the Court to file a case. For example, if a woman, Sita, faced domestic violence from her mother-in-law in 2001, she would still be eligible to go to Court to file a domestic violence case , even if the law on domestic violence came into force after she had already experienced domestic violence.

Complain after Divorce

You can file a complaint against domestic violence even if you are already divorced3. For example, Seema got married in 2012 and for two years she faced physical violence from her husband. She divorced her husband in 2014. Seema has a right to file a domestic violence case after 2014 against her ex-husband for hurting her during the two years she was married to him. This is because at the time she faced domestic violence, she was in a domestic relationship with the harasser i.e. her husband.

  1. Vikas and Ors. v. Usha Rani and Ors. 2018 (3) RCR (Criminal) 307.[↩]
  2. V.D.Bhanot v. Savita Bhanot (2012) 3 SCC 183.[↩]
  3. Smt.Sabana @ Chand Bai & Anr vs Mohd.Talib Ali & Anr 2014 (2) RCR (Criminal) 293.[↩]

What is a Domestic Incident Report?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

Domestic incident report (DIR)1 is a report that is made on receiving a complaint of domestic violence from a woman. This report can be made by either a Protection Officer or a service provider. The DIR will contain details such as your name, age, details of the harasser, details of the incident of violence that happened, etc. To file a DIR, you can approach any of the following officers/persons:

Protection Officer

A protection officer upon receiving a complaint has to fill the DIR and inform you of your legal rights under the law. You will also get a free copy of the DIR to keep with you. Afterwards, the protection officer will send the Domestic Incident Report and an application to the Court to start a case. The DIR will also be forwarded to the police station or Service Providers.

Service Provider

A service provider upon receiving a complaint has to fill the DIR and put you in touch with a Protection Officer or send it to the Court2. If you have been injured, a service provider will help you get a medical examination done and the report will be forwarded to the Protection Officer or police station. They also help you get in touch with shelter homes where you can stay away from the harasser.

Police Officers

If you cannot find a Protection Officer or a service provider, you can approach the nearest police station to file a complaint. The officers will put you in touch with a Protection Officer and give you the option of filing the following:

  • FIR (First Information Report)

By filing a First Information Report, a criminal case can be initiated against the harasser. The police will give you the option of filing an FIR at any point if you want to pursue a criminal complaint3.

  • DIR (Domestic Incident Report)

If you do not want to initiate criminal proceedings by filing an FIR then the police officer has to make a daily diary entry about the domestic violence you faced, and enter details per the DIR forwarded to the police by the PO. If such information is not available, the police will put you in touch with a Protection Officer to file a DIR and get this information for the daily diary.

Person-in-charge of Medical Facilities 

If you have approached a medical facility and have not yet filed a DIR, the person-in-charge of the medical facility must file a DIR, and forward it to the Protection Officer.

  1. Section 2(e), The Protection of Women from Domestic Violence Act, 2005.[↩]
  2. Section 10 (2) (a), The Protection of Women from Domestic Violence Act, 2005.[↩]
  3. Form I(8), Section 2(e), The Protection of Women from Domestic Violence Act, 2005.[↩]

What is the Role of a Protection Officer?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

If you decide to file a domestic violence complaint, a Protection Officer (PO) is generally the first point of contact for you. Anyone, including someone you know, can visit, call, or write to a Protection officer in your district or an area nearby to complain against the violence and seek protection. To find a PO, you can:

  • Go to the nearest police station and ask them to put you in touch with a PO.
  • Call or go to the Department of Women and Child Development in your district.
  • Approach the National/State Women Commission. A state-by-state list of Protection Officers is available here.
  • Approach an NGO or a service provider.

Your complaint will be written down by the PO and you can ask for a free copy of this complaint to keep with you. Protection officers will help you1:

File a complaint

The PO will help you file a Domestic Incident Report 2(DIR) which is a special report for cases of domestic violence which will have all the details of the harasser(s), the details of the victims, etc. They will also help you file a direct complaint with the Court and assist you in getting legal support.

Give Information to the police

The PO will forward a copy of the DIR as well as a copy of the medical report, if you were medically examined, to the police station located within the area where you faced violence. After this, the police will look into the matter and stop the harasser(s) from committing any acts of violence towards you2.

Provide immediate protection and support

The PO will help:

  • Prepare a safety plan for you which will specify the measures required for your safety, and the orders you are seeking from the Court.
  • Get you and/or your child medical aid from a medical facility in case you have any injuries.
  • Put you in touch with service providers who will assist you with legal support, counseling, medical facilities, shelter homes, etc.

Inform you of your legal rights

The PO will discuss with you the different kinds of domestic violence with you to understand what you have been through. This will be recorded in the DIR. Afterwards, the PO will inform you of the rights and remedies you are entitled to under the law after filing a complaint.

Support you through Court processes

Protection Officers will:

  • Help you gain access to free legal aid through the District Legal Aid Services Authority.
  • Ensure that you and your children are not victimised or pressurised during the Court proceedings by the harasser.
  1. Section 9, The Protection of Women from Domestic Violence Act, 2005.[↩]
  2. Section 5, The Protection of Women from Domestic Violence Act, 2005.[↩]