District-wise Guides on Domestic Violence

Protection of Women Against Domestic Violence Act, 2005

Why is this topic important?

1 out of 3 women in India is a victim of domestic violence. However, many of them are unaware that they are being subjected to violence. We hope that the module can help you identify the signs or types of domestic violence, the various reliefs available under the law from the police and courts, the authorities/support systems and their role like protection officers, magistrates etc.

What is Domestic Violence?

Domestic violence refers to violent or abusive behaviour in a household that causes harm and may put the health and safety of a woman or any child under her custody in danger. Domestic violence includes physical abuse, verbal abuse, emotional abuse, economic abuse, and sexual abuse (marital rape).
You are protected from being abused by your spouse or his family. The law not only protects you from your husband/partner but anyone (male or female) in your family or your husband’s family. In India, domestic violence is a crime under Section 498A of the Indian Penal Code, 1860 punishable with a jail time of up to 3 years along with a fine. Domestic Violence is also a ground for divorce under the personal laws in India.

The current module provides information on the civil remedies available to women under the Protection of Women from Domestic Violence Act, 2005. It particularly looks at the other reliefs apart from the arrest of the abuser which is available to women under the Protection of Women against the Domestic Violence Act.

What is the Law being covered in the guide?

Protection of Women from Domestic Violence Act, 2005
Protection of Women from Domestic Violence Rules, 2006
Judgments by the Supreme Court of India.

Breaking Down the Concept – Instances of Domestic Violence

Physical Abuse :

Any behaviour which causes you bodily pain, harm, or danger to life, limb or health,or impairs your health or development. Illustrations of Physical Abuse include:

Hitting, Slapping, Punching, Kicking, Biting, Choking, Using a weapon to threaten or hurt, Burning, Strangulation, Forcing into substance abuse, Abuse during pregnancy, Restraining/controlling you at home.

Verbal/Emotional Abuse: You can face verbal and emotional Abuse in the form of insults and threats employed to intimidate and control you. Illustrations of verbal/emotional abuse include:

Ridiculing you in front of your children and your family,
Humiliating you in front of other people,
Name-calling,
constant nagging for not having children/male child,
controlling your actions and movements,
threatening you to hurt you or someone related to you,
threatening to leave you or commit suicide,
threatening you by using looks, actions or gestures,
threatening to take your children away,
displaying weapons,
smashing things,
treating you like a servant, and
infidelity.

Sexual Abuse

Sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of women. Any sexual activities conducted between you and your partner, without your consent, constitutes Domestic Violence. Examples of Sexual Abuse include:

forcing you to have sex with other people;
pursuing sexual activity when you are not fully conscious or are afraid to say no;
demanding sex when you are sick, tired or after beating you.

Economic Abuse

Economic abuse includes depriving a woman of all or any financial resources like stridhan, household necessities, jointly or individually held properties of the woman, payment of rent, or maintenance of the shared household.
It also includes alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the woman has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by her or her children or her stridhan or any other property jointly or separately held by the aggrieved person. Restricting access to the household in which the woman was staying during her marriage.

Who is the victim?

Any woman, regardless of her religion or caste can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. To file a complaint about domestic violence, you can have the status of a wife, widow, female live in-partner, mother, grandmother, stepmother, adoptive mother, mother-in-law, daughter, daughter-in-law, granddaughter, stepdaughter, adopted daughter, sister, step-sister, sister-in-law, aunt and niece residing in a joint family.

You can also file a complaint before or after a judicial separation, after deserting your husband because he was subjecting you to domestic violence and if you faced violence by your husband or in-laws before initiating the divorce, after filing for the divorce and in some cases, after getting divorced. For instance, if a woman and her husband continued to take care of your child together after getting divorced, and you faced harassment in the course of that. A widow who continues to live with her in-laws can also file a complaint about domestic violence.

Who is the perpetrator?

Any adult male person can be the perpetrator of domestic violence. This person can have the status of a husband, male live-in partner, father, stepfather, father-in-law, adoptive father, grand father, son, son-in-law, adopted son, stepson, brother, brother-in-law, stepbrother, uncle and nephew in a joint family.

You can also file a complaint against the relatives including female relatives of your husband or male partner given that they shared the household when the incident of domestic violence occurred.

Where can Domestic Violence take place?

An act of domestic violence can happen anywhere. It need not always be confined to the house you are living in. Domestic violence can take place anywhere, like

- your place of employment or education,
- your child’s school,

the marketplace, etc.Domestic violence can take place at any point during or after the end of her relationship when a woman has shared a household with the perpetrator. This household includes:

owned or rented either jointly by the perpetrator and the woman;
owned or tenanted by either of them or both jointly or singly have any right, title, interest or equity and include such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the perpetrator or the woman has any right, title or interest in the shared household.

For example: If the house in which the woman and her abusive husband is living is owned by his mother, it will be considered a shared household and any incident of abuse against the woman by the residents of that house will be considered as domestic violence.

Processes and Work by Authorities

Who to Approach

You can approach the police station in your area, or any other police station, and file a complaint about domestic violence. The police will file a First Information Report, and/or direct you to the Protection Officer of the district who will file a Domestic Incident Report (DIR/FIR) and help you out further. You can also approach the protection officer, or directly approach the State and National Commission for Women.

The list of Protection Officers in Delhi.

The list of Protection Officers in Mumbai.

The list of Protection Officers in Bangalore.

Domestic Incident Report

The Domestic Incident Report is a document prepared by the Protection Officer or Service Provider that records a complaint under the Domestic Violence Act of 2005. It 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. This report is similar to an FIR prepared by the police when they receive a complaint about a crime.

Magistrate

If the magistrate is satisfied after referring to the DIR that domestic violence has occurred, he/she will award the relief that is sought by the survivor.

Types of Authorities & their Work

Protection officer and police officer

The Protection Officer will help you file a Domestic Incident Report (DIR) They will also help you file a direct complaint with the Court and assist you in getting legal support. The PO will help you in preparing a safety plan, getting free legal aid, counselling, medical aid and access to shelter homes and other service providers. 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 file an First Information Report, through which a criminal case can be initiated.

Magistrate

A Magistrate who receives a complaint of domestic violence is supposed to inform the survivor of her right to make an application for obtaining various reliefs by way of orders, about the availability of services of service providers; about the availability of services of the Protection Officers; and her right to free legal services along with her right to file a criminal complaint wherever relevant. The Magistrate can direct the survivor or the perpetrator to either singly or jointly, undergo counselling with any member of a service provider who possesses such qualifications and experience in counselling.

Service Providers

Organizations which help women in trouble by providing:

legal, medical or financial assistance are known as service providers.
connecting the victims with protection officers.
shelter, employment opportunities and vocational training, counselling, etc.
recording a Domestic Incident Report themselves and forward it to the concerned Court or Protection Officer.
medical checkup, especially if you are injured and forward the medical report to the concerned Protection Officer or police station.

Such organizations need to be registered under the Domestic Violence law in India. These services will likely be free of cost, depending on the type of organization you have approached. qualifications and experience in counselling .

Reliefs under the Domestic Violence Act

To seek immediate relief against domestic violence, you can file an application with the Court with the help of a Protection Officer or a lawyer for the following orders:

Name of the order	Purpose	Nature of the order	Features
Protection order	The Court will pass an order to give you and your child/children protection from the harasser.	Temporary, but for a fixed duration until the Court feels that such an order is not required due to a change in circumstances.	The protection order will help you in stopping the violence, preventing harassment, protecting your property and finances and regulating the actions of the perpetrator.
Residence order	The Court will pass an order to give you protection from being thrown out of the house that you shared with your husband or his in-laws.	Temporary, but for a fixed duration until the Court feels that such an order is not required due to a change in circumstances.	The residence order will ensure that the perpetrator is not able to force you out of this house, dispose off the house or will be asked to find alternative accommodation or move out of the house themselves.
Compensation order	The Court will pass an order	Temporary, but for a fixed duration until the Court feels that such an order is not required due to a change in circumstances.	The compensation order will ensure that the perpetrator pays compensation for the losses incurred. If your harasser does not give you the money, as ordered by the Court, you should inform the Court with the help of a lawyer. The Court will then ask the harasser’s employer/boss to pay the amount to the court and deduct it from his salary or any other person who owes the harasser money to pay the amount to the court which will then be given to you.
Custody Order	The court will grant the temporary custody of any child or children to you or the person making an application on your behalf.	Temporary, but for a fixed duration until the Court feels that such an order is not required due to a change in circumstances.	The custody order will ensure that the perpetrator is not allowed to visit such a child or children if the court feels that it will be harmful for the child to live with the perpetrator.

Criminal and Personal Laws on Cruelty

What is Cruelty?

In the context of domestic violence, cruelty includes the actions of torture against a married woman by her husband and his relatives. These actions can drive a woman to commit suicide or cause grave injury or danger to the life, limb and health (mental and physical) of a married woman. It also includes the unlawful demand of dowry from the woman and her family. Indian laws punish such harassment of a wife under the Indian Penal Code and protect women against violence through various special enactments.

What is the Law being covered in the module?

Indian Penal Code,1860.
The Code of Civil Procedure, 1973.
The Indian Evidence Act, 1872.
The Dowry Prohibition Act, 1961.
Pre-Conception and Prenatal Diagnostic Techniques Act, 1994.
Protection of Children from Sexual Offences, 2012.
The Protection of Women from Domestic Violence Act, 2005.
Judgments by the Supreme Court of India.
Hindu Marriage Act, 1955.
Special Marriages Act, 1954.
The Muslim Women (Protection of Rights on Divorce) Act.
The Indian Divorce Act, 1869.

Breaking Down the Concept- Signs of Cruelty: Section 498A

Any action that causes reasonable fear in the mind of a married woman that living with her husband will be harmful and injurious to her life constitutes cruelty. Some examples of cruelty include

Physical violence against the woman like slapping, biting, pulling her hair, beating, punching, kicking or causing injuries with or without a weapon, acid attacks, strangling etc.,
Continuous taunting and teasing,
Keeping a relationship with another woman and maintaining her child,
Coercing the first wife to give consent to the husband to marry another woman,
Depriving the wife and children with basic means of sustenance,
False attacks on the sexual conduct of the woman,
Calling a woman “barren” or humiliating her for giving birth to a girl child,
Not allowing the woman to work,
Depriving the woman and her child of basic necessities
Aggressively demanding explanations for expenditures,
Any unlawful demands for money including dowry demands

Signs of Cruelty: Sexual Assault against wife under the criminal law

Recently, a Karnataka High Court judgment held that a man can be punished for having sexual intercourse with his wife without her consent. However, the Indian Penal Code, 1860 does not punish such intercourse in a matrimonial relationship and holds it as a general exception to the laws on rape in India. Yet, in certain circumstances, the law punishes rape in a domestic relationship:

Sexual intercourse with a separated wife without her consent: If a man engages in sexual intercourse with his wife without her consent, whether the wife is living separately under a decree of separation given by a court or otherwise, he can be punished with a jail term of up to seven years along with a fine.
Sexual intercourse with a wife who is under the age of 18: Indian law punishes sexual intercourse by any person with someone under the age of 18 even if they share a matrimonial relationship. In such cases, the consent of the minor girl is irrelevant. If a man rapes his wife who is under the age of 18, he will be liable for punishment of jail term of at least twenty years along with a fine.
Sexual violence by a relative or a guardian who is in a position of trust towards a woman is punishable with a jail term of at least ten years along with a fine.

Who is the victim?

The Indian Penal Code only protects married women from cruelty. A woman in a live-in relationship cannot file a complaint against her partner or his family for committing cruelty against her. However, she can file a complaint under the general provisions of criminal law like assault, defamation, outraging modesty etc. However, women who are related to the aggressor by blood, marriage, adoption or co-habilitation can take protection through the civil remedies available under the Protection of Women from Domestic Violence Act, 2005. To know more about this law, scroll up to the previous section.

Who is the aggressor under the criminal law?

The aggressor can be the husband of the woman subjected to cruelty or his relatives if they are the ones who subjected her to cruelty. Ordinarily, the term ‘relative’ includes anyone who is related to the husband by blood, marriage or adoption; such as father, mother, daughter, son, sister, brother, nephew, niece, brother’s wife, sister’s husband etc. Any person who commits cruelty can be punished with a jail term of up to three years along with a fine.

Remedies available under the law

In addition to the punishment of jail term to the aggressor, the court can also order the survivor’s husband to maintain her and their children if he has sufficient means to provide for them. Such maintenance can be demanded by:

The wife from her husband;
Children (legitimate and illegitimate) from their father;
Father or mother from their son or daughter.

This remedy is also available to a woman cohabitating with a man in a live-in relationship or divorced women.

In addition, the survivor has an option to avail of civil remedies under The Protection of Women from Domestic Violence Act, 2005. A married woman can avail of these remedies along with filing a criminal complaint against her aggressor. To know more about these remedies, scroll up to the previous section. .

If the survivor is not a married woman and wants to file a criminal complaint against torture by her family members, her partner or his relatives, she can file such a complaint under the general provisions of criminal law like:

*Please click on the links to know more about these offences

Crime	Punishment
Physical Violence (Assault)	Jail time for three months or a fine of 500 rupees.
Wrongful obstructing a woman’s movement or confining her to a space	Jail time for one month or a fine up to 500 rupees or both for obstructing a woman and jail time for up to one year or a fine up to 1000 rupees or both for confining her.
Inappropriate sexual touching	Jail time for a minimum of one year and a maximum of five years with fine
Sexual remarks or threats	Jail time for a minimum of one year and a maximum of five years along with a fine
Forcefully removing clothes	Jail time for a minimum of three years and a maximum of five years with a fine
Rape	Jail time for at least ten years along with a fine.
Clicking or spreading private pictures or videos without a woman’s consent	Jail time for up to three years or a fine of up to two lakh rupees or both.
Stalking	Jail time up to three years along with a fine.
Acid attacks	Jail time for a minimum of five years and can be extended to seven years, along with a fine.
Defamation or spreading false information about a woman	Jail time for up to two years and/or a fine.
Demanding or accepting Dowry	Jail time for up to five years along with a fine.
Blackmailing (online and offline)	Jail time for up to seven years or with a fine or both.
Sex selection before or after the birth of the child	Jail time for up to three years, along with a fine of up to Rs. 50,000.
Forced Miscarriage/Abortion	Jail time for up to ten years and/or a fine.

Cruelty as a ground for divorce in India

Cruelty has been recognised as a ground for divorce under the personal laws of various religions practised in India. The table below gives a sneak-peek into these laws.

Personal law	What amounts to cruelty?	Who can use this ground to seek divorce/legal separation?	Status of maintenance of the spouse	Custody of children
Hindu law	An action amounts to cruelty under the Hindu law if it causes: danger to life, injury to bodily or mental health, or reasonable fear of such injury to amount to cruelty as a ground for divorce. This includes sustained unjustifiable behaviour of one spouse, intentional or unintentional, which can actually affect the physical and mental health of the other spouse. Mere coldness or lack of affection does not amount to cruelty.	Either spouse can approach the court to get a divorce if either of them treats the other cruelly.	Either spouse can approach the court for maintenance if they have no means of subsistence and the other spouse is in a position to provide maintenance.	Both parents have equal rights in the custody of the child. The court takes into account various factors for deciding custody, including the desire of the child, the availability of an appropriate environment for the adequate upbringing of the child, and the means a parent possesses to give the child a good future.
Muslim law	An action by the husband amounts to cruelty under Muslim law if he: causes physical or mental pain to his wife. associates with women of evil repute or lead an infamous life. forces his wife into living an immoral life. gives away or sells off the wife’s property or doesn’t allow her to exercise her legal rights over her property. Does not let the wife practice or profess her religion. Does not treat the wife equally as his other wives in accordance with Quran.	A woman married under the Muslim law can approach the court to end her marriage using cruelty as a ground.	A woman can ask for maintenance from her husband after obtaining a divorce from her husband by using cruelty as a ground. The husband will have to maintain the wife post-Iddat period well. To know more about Iddat, click here.	While the father is considered a natural guardian under Muslim law, in the cases of cruelty by the husband, custody is usually given to the mother. However, the courts have the discretion to award the custody of a child to his father if that is beneficial for the child.
Christian law	An action amounts to cruelty under Christian law if it causes danger to life or physical or mental health, or gives rise to a reasonable fear of such danger which can be meted out intentionally or unintentionally.	Either spouse can approach the court to get a divorce if either of them treats the other cruelly.	Only the wife can claim maintenance under Christian law. However, the amount can be reduced or removed completely on the decision of the court if a woman is guilty of cruelty against her husband.	Both parents have equal rights in the custody of the child. The court takes into account various factors for deciding the custody of a child, including Parents’ maturity and judgment Their mental stability Their ability to provide access to schools; Their moral character Their ability to provide continuing involvement in the community Their financial sufficiency and Their relationship with the child.
Parsi law	An action amounts to cruelty under Parsi law if due to such an action the spouses can no longer be expected to live together. It could be mental or physical violence, which could be intentional or intentional. Even a single act of violence of grievous and inexcusable nature can qualify as cruelty.	Either spouse can approach the court to get a divorce if either of them treats the other cruelly.	Either spouse can approach the court for maintenance. The amount cannot be more than 1/5th of the partner’s income. Even if the wife is guilty of cruelty, the husband will have to pay for the wife’s maintenance. However, the amount may be reduced.	The custody can be given to either the husband or the wife depending on the best interest and preference of the child.

Processes and Work by Authorities

Who can file a criminal complaint against cruelty?

A survivor of domestic violence or any person related to her by blood, marriage or adoption can file a complaint under Section 498A of the IPC. For example, a woman’s maternal uncle can file a criminal complaint against that woman’s husband and his family. If no such relative is available, the State Government can notify a public servant to file the complaint on behalf of the survivor.

When can a criminal complaint be filed?

The survivor or relatives must file a complaint within three years from the date on which the act was committed. If the events took place continuously over a period of time, the period of three years for filing is counted from the date on which the last act of cruelty took place. For example, if a couple was married in 2017 and the demands of dowry were being made till 2020, a woman can file a complaint up to three years from the day in 2020 when such demands were last made. However, the court also has the power to hear the case after the period of three years, if it is satisfied that it is necessary to do so in the interest of justice.

Can a compromise be reached between the parties after filing a case under Section 498A?

The court does not have the power to record a compromise between the parties once a complaint has been filed for cruelty under Section 498A. However, in the interest of a genuine compromise and for maintaining peace in a matrimonial relationship, the court can quash the case or reduce the punishment of the aggressor.

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(Objective Answers in Yes/No )

Can I file a case of domestic violence against my sister-in-law who has never lived with me in the same house? (Yes/No)
I am a working woman, can I still get maintenance from my husband? If he fails to provide me with maintenance, can I file a domestic violence complaint against him?
Can I go to the police station if I don’t find information regarding the Protection Officer?
Can I take my child to the Shelter home with me?
Can I get free legal aid for fighting a case of domestic violence against my husband?
I am a working woman, can I still get maintenance from my husband? If he fails to provide me with maintenance, can I file a domestic violence complaint against him?
I am constantly told by my in-laws that my parents didn’t buy them a bigger car at my wedding. Is this cruelty? Can my in-laws be punished for making such statements?
My husband left me. Is this cruelty?
My husband is in an extra-marital affair. Can I file a case against his girlfriend?

Complaint Portals

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Helplines

Non-Legal Support

Complaint Portals

Legal Aid Authority

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Non-legal Support

Complaint Portals

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Non-Legal Support

Activities & Reading

If your husband humiliates you in front of your friends and family at a dinner party. Is this domestic violence?
Your mother-in-law not mentioning your name in her will. Is this domestic violence?
What can you do if the police officer or protection officer refuses to accept your complaint?
Is demanding dowry repeatedly a form of domestic violence, what can you do?
My husband does not let me send my daughter to school. Can my husband be punished for cruelty?
Can I ask for a protection order from my relatives while I have filed an FIR against them?
My sister-in-law doesn’t talk to me. Is this cruelty?
I am divorced, however, my former husband threatens to hurt me. Can he be punished?

Resources & Handouts:

External Links

Delhi

Mumbai

Bengaluru

Address	PARIHAR OFFICE OF THE COMMISSIONER OF POLICE NO 1 INFANTRY ROAD BANGALORE 560001
City	BANGALORE
State	KARNATAKA
Telephone	080-22943225
Mobile No	9845450256
E-mail	pariharfcc.vsv@gmail.com

District-wise Guides on Domestic Violence

What is Cruelty?

What is the Law being covered in the module?

Breaking Down the Concept- Signs of Cruelty: Section 498A

Signs of Cruelty: Sexual Assault against wife under the criminal law

Who is the victim?

Who is the aggressor under the criminal law?

Remedies available under the law

Cruelty as a ground for divorce in India

Processes and Work by Authorities

Who can file a criminal complaint against cruelty?

When can a criminal complaint be filed?

Can a compromise be reached between the parties after filing a case under Section 498A?

Spotlight for Delhi

Spotlight for Mumbai

Spotlight for Bengaluru

Test Your Knowledge

Support Systems in Delhi

Support Systems in Mumbai

Shelter Homes

Medical Facilities

Support Systems in Bengaluru

Activities & Reading

Resources & Handouts:

External Links

District-wise Guides on Domestic Violence

Why is this topic important?

What is Domestic Violence?

What is the Law being covered in the guide?

Breaking Down the Concept – Instances of Domestic Violence

Who is the victim?

Who is the perpetrator?

Where can Domestic Violence take place?

Processes and Work by Authorities

Who to Approach

Domestic Incident Report

Magistrate

Types of Authorities & their Work

Protection officer and police officer

Magistrate

Service Providers

Reliefs under the Domestic Violence Act

What is Cruelty?

What is the Law being covered in the module?

Breaking Down the Concept- Signs of Cruelty: Section 498A

Signs of Cruelty: Sexual Assault against wife under the criminal law

Who is the victim?

Who is the aggressor under the criminal law?

Remedies available under the law

Cruelty as a ground for divorce in India

Processes and Work by Authorities

Who can file a criminal complaint against cruelty?

When can a criminal complaint be filed?

Can a compromise be reached between the parties after filing a case under Section 498A?

Spotlight for Delhi

Spotlight for Mumbai

Spotlight for Bengaluru

Test Your Knowledge

Support Systems in Delhi

Shelter Homes

Medical Facilities

Support Systems in Mumbai

Shelter Homes

Medical Facilities

Support Systems in Bengaluru

Activities & Reading

Resources & Handouts:

External Links