Theme: Family Related Violence

What are the offences and punishments under this law ?

Every offence under this law is cognizable, non-bailable and non-compoundable.(( Section 27, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Offence Punishment
Violation of the law by any medical professional or any person who owns a registered centre, or is employed in or renders their professional or technical services at a registered centre. First offence – Jail time for up to 3 years, along with a fine of up to Rs. 10,000. Subsequent offences – Jail time for up to 5 years, along with a fine of up to Rs. 50,000.(( Section 23(1),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994.))
For doctors and registered medical practitioners: Suspension of the registration until the case is disposed of and on conviction, removal of their name from the register for a period of five years for the first offence, and permanently for the subsequent offence.(( Section 23(2),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.)) First offence – Jail time for up to 3 years, along with a fine of up to Rs. 50,000. Subsequent offences – Jail time for up to 5 years, along with a fine of up to Rs. 1,00,000.(( Section 23(3),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
Any person seeking sex selection or prenatal diagnostic procedures and breaking the law (excluding pregnant women forced to undergo the procedure)(( Section 23(4),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.)) First offence – Jail time for up to 3 years, along with a fine of up to Rs. 50,000. Subsequent offences – Jail time for up to 5 years, along with a fine of up to Rs. 1,00,000.(( Section 23(3),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
Advertising sex determination or sex selection facilities Jail time for up to 3 years, along with a fine of up to Rs. 10,000.(( Section 22(3), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

What are the Rights and Remedies for Victims against Domestic Violence?

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

Victims of domestic violence have certain rights under the domestic law as well as  remedies to protect themselves and their children. The Protection Officer, or a service provider, has a duty to inform you of these rights and remedies.

Rights under the law

You have a right to:

Remedies under the law

In addition to the rights that you have, you can also avail certain remedies from the Court. You can:

Receive monetary compensation for physical injuries, loss of property, etc.

Foeticide and Infanticide

If a sex determination procedure results in the abortion of a child, it would be a crime of foeticide.

Before 20 weeks

It is a crime to force a woman to abort her foetus, and for a woman to abort her foetus before 20 weeks without the doctor’s approval.

After 20 weeks

If anyone aborts a child after 20 weeks without permission of the Court, then they have committed a crime of foeticide. The Court only gives permission to conduct an abortion after 20 weeks in specific circumstances.

After birth

Killing or causing the death of a child after they are born is a crime known as infanticide, and punishable under the law.

The punishment for foeticide and infanticide is jail time up to 10 years and/or fine.(( Section 315, The Indian Penal Code, 1860.))

To know more about permitted abortions, please refer to our explainer on Abortion.

Women’s Right to Take Possession of the Dowry

If dowry has been given or taken at or after your wedding and the same is received by your husband or in-laws or any other person, they have to hand it over to you as it is your property.

You have a right to any property given as dowry to your husband and his family.

There is a duty on a person who receives the dowry, to hand it over to the bride itself.

If you fail to do so, you can be punished with jail time anywhere between 6 months to two years and/or fine between Rs. 5,000 and Rs. 10,000.

There are different guidelines on this based on when the property was received by your husband or in-laws.

For Example, Raj and Simran get married on August 20th. Simran’s father has given a new house as dowry to Raj’s uncle, Aman in connection with the marriage. In this case, Aman must give it to Simran otherwise he will be punished under the law.

  • If the property was received before the wedding, then Aman must give it to Simran within 3 months of the wedding (before 20th November)
  • If the property was received on the day of the wedding or after, then Aman must give it to Simran within 3 months from the date on which he received it.
  • If Simran was below 18 at the time of her wedding, then Aman must give the car to Simran within 3 months of her turning 18. Aman must keep it in trust for her till she turns 18.

If you die before taking possession of the dowry/property, then your heirs can claim it from your husband or in-laws.

If you die within 7 years of the marriage, then the property will be transferred to your children. It will be held in trust for them until they are 18. If you have no children, the property will go to your parents.

Who can seek Protection against Domestic Violence?

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

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter(( Mr. Ali Abbas Daruwala vs. Mrs. Shehnaz Daruwal  2018 (3) RCR (Criminal) 106.)) i.e. any woman, regardless of her religion or caste, can file a complaint against domestic violence.

Please keep in mind that if you decide to go to Court, you need to make sure that you had a domestic relationship and a shared household with the harasser. You can complain and seek protection in the following circumstances:

If you are married

If you are married, and are facing domestic violence from your husband or in-laws, you can file a complaint against them.

If you are divorced

If you are divorced, then depending on the facts of the case, you may or may not be granted protection and relief. Some situations are:

  • If you face violence before the divorce, you can file a complaint, as you had a domestic relationship with your husband/in-laws at the time the violence took place.(( Juveria Abdul Majid Patni v. Atif Iqbal Mansoori (2014) 10 SCC 736.))
  • If you face violence after the divorce, you will have to prove that a domestic relationship was existing between you and the harasser at the time when the domestic violence took place. In some cases, even if you cannot prove the domestic relationship, the Court may hear you out. For example, if you and your husband continued to take care of your child together after getting divorced,  and you faced harassment in the course of that.
  • If you have initiated divorce proceedings at some point, but did not end up getting divorced, you can file a complaint if you face any domestic violence.(( Prakash Nagardas Dubal-Shaha v. Meena Prakash Dubal Shah (2016) 13 SCC 277.))

If you have deserted your husband

If you have left your husband because he was subjecting you to domestic violence, by beating you, verbally abusing  you, etc., you can file a complaint against him for domestic violence. If you have left your husband for any other reason, then you cannot file a case. For example, if you left your husband because you wanted to live with another man, or because you wanted to live alone, then you cannot file a complaint under this law.(( Sejal Dharmesh Ved v. The State of Maharashtra and Ors. 2014 ALL MR (Cri) 636.))

If you are judicially separated

If you are judicially separated from your husband and you have faced domestic violence from him or your in-laws either before or after the separation order, you can file a complaint against the harassers.(( Krishna Bhatacharjee v. Sarathi Choudhury (2016) 2 SCC 705.))

If you are in a live-in relationship: 

If you are in a live-in relationship, you can file a complaint against your partner if you face domestic violence.(( Velusamy v. D. Patchaiammal (2010) 10 SCC 469.)) In some cases, you can also file a complaint if you are now separated but faced violence when you were still with your partner.(( Reshma Begum v. State of Maharashtra & Anr. 2018 SCC OnLine Bom 1827.))

If you are a widow

If you continue to live with your in-laws after the death of your husband, it is viewed as a domestic relationship, as your relationship with your in-laws does not come to an end with the death of your husband. In such a case, if you face domestic violence, you can file a complaint against your in-laws.(( Jitendrabhai Bhikhabhai Bhambaniya  v. State of Gujarat, Criminal Revision Application/271/2016, Gujarat High Court.)) For example, if you are a widow who is being harassed by her mother-in-law, you can file a complaint against her.

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.

Where can prenatal diagnostic procedures be conducted?

The law states that only Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics (registered centres) that are registered under the law can conduct permitted prenatal diagnostic procedures. No one, including medical professionals can conduct prenatal diagnostic procedures in any place other than the registered centres.

These registered centres can only employ (on payment or on an honorary basis) people who meet these minimum requirements as set out in Rule 3 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996.(( Section 3, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Ban on Advertising for Dowry

This post is also available in: हिन्दी (Hindi)

It is illegal to advertise dowry in any newspaper, periodical, journal or any other media, the offer of any money, share in a business or property as dowry in return for marrying your son, daughter or relative.

Anyone who prints, publishes or circulates such an advertisement is committing a crime will also be punished with the same punishment.

The punishment for both the person advertising and the person who prints or publishes the advertisement is jail time between 6 months and 5 years, or fine upto Rs. 15,000.

What are the Domestic Violence Helplines?

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

You can also reach out to certain helplines that will help you file a complaint, locate the relevant Protection Officer, and provide additional help and support. The relevant governmental helplines are listed below.

Violence and Crimes

Police

If you are facing violence, you can call 100 to seek immediate help from the police. After describing your location, a police unit will be sent to you for further assistance.

National Commission for Women, Police Helpline: 

If you are facing violence, you can call and complain about it. These are the steps you should take:

Step 1: Call 1091

Step 2: Describe the crime in detail

Step 3: Give your location and contact number

The police will then be sent to your location to assist you and stop the harasser.

Missing Persons and Kidnapping

Missing Women and Children

This helpline helps track missing persons. You can take the following steps:

Step 1: Call 1094. 

Step 2: Provide them with the contact number of the missing person.

Step 3: A phone number search is done on ZIPNET (Zonal Integrated Police Network) where they will trace the location of the missing person and contact the police.

Step 4: If they cannot locate the missing person, they will reach out to the police station to continue the search on the ground level.

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 to about a breach of the law?

Courts can take cognizance of an offence under the law upon receiving a complaint from:

  • The Appropriate Authority for that State or Union Territory, or
  • An officer authorised by the Central or State Government or the relevant Appropriate Authority; or
  • Any person who has given at least 15 days’ notice in the given format to the Appropriate Authority, of the alleged offence and their intention to make a complaint to the court.(( Section 28(1), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Some states like Delhi and Rajasthan have offered reward schemes for informants to report on breach of the law.

Maintaining A List Of Gifts During Marriage

This post is also available in: हिन्दी (Hindi)

Giving gifts or presents by either the bride or groom at the wedding is not punishable when it has been done voluntarily.

Bride: When such presents are made by or on behalf of the bride or any person related to the bride, such presents should be of a customary nature. The value of the gifts should not be excessive. If it is excessive, and there is an element of coercion, it will be dowry. This will be decided based on the financial status of the person by whom, or on whose behalf, such presents are given.

Groom: The groom can give any type of present not restricted by custom.

It is necessary for both, the bride and groom, to make separate lists of the gifts they received at the time of the marriage from any person with the following details in it:

  • A brief description of the present
  • Approximate value of the present
  • Name of the person who gave the present
  • Relationship of the person giving the present to either the bride or the groom, as the case may be. This list may include all relatives who give gifts to the bride or bridegroom.

There is no punishment for not making this list. However, the law does prescribe that the list should be made. This is because it will be assumed that you have not taken dowry if you have made a list of presents received at the time of the marriage.

How can you Get Help and Support against Domestic Violence?

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

While filing a domestic violence complaint, you might need additional support and help, which you can access by approaching the authorities listed below.

Support and Assistance

Protection Officer

You can also approach the Protection Officer of your district, who provide you with support, by helping you obtain free legal aid, make a shelter home available to you, if required, direct you to appropriate service providers, etc.

NGOs,Civil Society Organizations, Service Providers 

You can approach NGOs, civil society organizations or service providers to help you and provide you with support, such as providing legal aid, making you aware of your rights, getting you in touch with the concerned Protection Officer, etc. Depending on the organization, they may even provide you with shelter, employment opportunities and vocational training, counselling, etc. These services will likely be free of cost, depending on the type of organization you have approached.

Service providers also have the power to record a Domestic Incident Report themselves and forward it to the concerned Court or Protection Officer. They can also help you get a medical checkup, especially if you are injured and forward the medical report to the concerned Protection Officer or police station.

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.

Legal Assistance

Getting a Lawyer

You have the option of approaching a lawyer to help you navigate from the complaint stage to helping you go to Court.  If you cannot afford a lawyer, you can approach the District Legal Service Authority in your district for free legal aid. See here to understand the procedure for applying for free legal aid. If you are unsure as to how to find it, you can ask for help from the Protection Officer, NGOs, service providers, etc.

How can you get Immediate Protection for Domestic Violence?

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

To seek immediate protection from domestic violence, you should file an application with the Court with the help of a Protection Officer or a lawyer. The Court will pass a protection order to give you and your child/children protection from the harasser. The order passed by the Court will be temporary, but for a fixed duration(( Section 25, The Protection of Women from Domestic Violence Act, 2005.)) until the Court feels that such an order is not required due to a change in circumstances. You can take the help of your lawyer to extend the duration of the order, if you require it. The protection order will help you(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)):

Stop Acts of Domestic Violence

The harasser will be ordered not to:

  • Commit or help in committing any form of domestic violence.
  • Commit violence against friends, relatives or any person who is supporting you through the violence.

Prevent any Disturbance or Harassment 

The harasser will be ordered not to:

  • Disturb/harass you at any place including your place of work or residence.
  • Disturb your child/children at school or any other place where they visit.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))
  • Contact you either personally or through email, telephone, online, etc.

Protect your Finances and Property

The harasser will be ordered not to:

  • Sell or give away your assets, wedding gifts, stridhan, etc. without your consent.
  • Operate any single/joint bank accounts or access single/joint bank lockers without your consent and without letting the Court know.

Regulate the Harasser’s Behaviour

The harasser will be ordered not to:

  • Use any firearms, weapons or other dangerous substances that can be used to hurt you. The harasser may be asked to surrender it directly to the Court.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))
  • Consume any alcohol, drugs or similar substances that can intoxicate, which leads to  domestic violence.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))

If the harasser is still disturbing you after the order, you(( Section 32(2), The Protection of Women from Domestic Violence Act, 2005.)) can make your lawyer inform the Court. The Court will punish the harasser with jail time of one year or a fine of Rs. 20,000.

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.

Proving a Dowry-Related Crime

This post is also available in: हिन्दी (Hindi)

Usually, in criminal law it is upon the person making the complaint to prove that the person they are accusing has committed the crime.

But in cases of dowry the person against whom there is a complaint has to prove that they are innocent.

For Example, if Simran makes a complaint that Raj has asked her family for dowry, then Raj has to prove that he has not asked for dowry.

What are Medical Facilities and Shelter Homes?

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

Medical Facilities

If you have been subjected to domestic violence, it is your right to receive medical assistance. You can approach the Protection Officer of your district or any service provider working within the ambit of women’s rights, and they will help you, as well as any child, obtain medical assistance. The medical report will be forwarded to the relevant police station and Court.

Role of a Medical Facility: 

  • Providing medical assistance to a victim of domestic violence. No medical facility can deny service to such a person.
  • File a DIR and forward it to the relevant Protection Officer, if one has not been filed already.
  • Supply the victim with a free copy of the medical report.

Shelter Home

Shelter homes are homes set up by the State Government to provide a safe space for women to stay in. Any woman who has suffered from any kind of violence including rape, sexual crimes, domestic violence, etc. can stay in a shelter home(( Section 6, The Protection of Women from Domestic Violence Act, 2005.)). If you are unable to go back to your house because the harasser(s) who harmed you is/are still living there, then the Protection Officer or service provider may ask you to go to a shelter home. If you want to find a shelter home, you can approach a Protection Officer who would maintain records of the shelter home in his or her district(( Section 11(3) and 11(4), The Protection of Women from Domestic Violence Act, 2005.)).

Even if you have not filed a DIR, with the help of a Protection Officer, you can ask for accommodation in a Government-run shelter home, and the shelter home cannot refuse shelter to you  merely because you have not lodged a DIR. If you desire, the shelter home will not disclose your identity to the harasser(( Section 16(1),(2),(3), The Protection of Women from Domestic Violence Act, 2005.)).

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.

Cruelty and Deaths from Dowry Demands

This post is also available in: हिन्दी (Hindi)

Indian law criminalises the actions of cruelty and death resulting from dowry demands. This is known as dowry death. If the death of the wife was because of harassment for dowry demands, the husband and the in-laws of the woman can be punished.

In cases of cruelty and harassment, you can approach the police station and report this crime by filing an FIR.

If convicted, the husband and her in-laws will be punished with jail time between 7 years and life imprisonment.

What is Counseling under Domestic Violence law?

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

Counseling refers to the provision of professional guidance by a counselor, who will help you and your harasser settle the matter of the domestic violence you have faced, furnish a guarantee that violence will not repeat, and come up with the best possible solution to the problem of domestic violence. The Court can pass an order to either the harasser or you to undergo counseling, either alone or together, with a service provider or a counselor appointed by the Court.

A counselor cannot be:

  • Any person who is connected to the case, or any person who is related to you or your harasser unless both you and the harasser consent to this(( Section 13(2)(i)(ii) and 13(3), The Protection of Women from Domestic Violence Act, 2005.)).
  • Any lawyer who has appeared for the harasser in the case.

If you are uncomfortable with the counselor for any reason, you can ask your lawyer to inform the Court who will look into the matter.

Role of the Counselor

A counselor’s role is to:

  • Set up a meeting either alone with you or together with the harasser at a place convenient for you and the harasser(( Section 14, The Protection of Women from Domestic Violence Act, 2005.)).
  • The Counselor has to conduct the counseling proceedings with the aim of making sure that the domestic violence does not repeat. The Counselor may take an undertaking(( Section 14,(6) The Protection of Women from Domestic Violence Act, 2005.)) from the harasser stating that he:
  • Will not commit any further domestic violence.
  • Will not try to meet or communicate in any manner through letter, telephone, electronic mail or through any medium except in the presence of the counselor in a manner allowed by a judge.
  • If you decide that you want to settle the matter and end the case, you can tell the Counselor, who will make an effort to come up with the best possible solution for everyone involved.

In the process of counseling, the harasser is not allowed to justify any reasons for subjecting you to domestic violence. After the counseling is over, the counselor has to submit the report regarding the counseling session(s) to the Court as soon as possible so that the Court can take further action, and set a date for hearing the case, within 2 months. If a settlement is not arrived at, the Counselor has to report the reasons to the Court.

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.

Guidelines for Arrests in Cruelty and Dowry Cases

To prevent arrests from frivolous cases and misuse of the law on cruelty and dowry cases, the Supreme Court of India has issued certain guidelines for the police to follow while investigating cases of cruelty. This was later issued as an advisory circular by the Ministry of Home Affairs.

Police

  • The police should not arrest the husband or the relatives automatically when a case of cruelty is filed.
  • They need to have satisfactory reasons for the arrest without a warrant.
  • All police officers need to be provided with a checklist containing specific procedures to be followed. Police should forward duly filled check list with reasons and materials which necessitated the arrest to Magistrate while producing the accused for further detention.
  • The decision of the police not to arrest a person accused of cruelty should be forwarded to the Magistrate within two weeks from the date of the filing of the case against the person.
  • Police officers who fail to comply with these directions will be liable for departmental action and will also be punished for contempt of court by the High Court.

Magistrate

  • The Magistrate must authorise the detention of the accused person only after he has read the reasons of the arrest in the police report and is satisfied that such reasons are valid.
  • If the concerned judicial magistrate authorises detention without recording reasons as mentioned above, they shall be liable for departmental action by the appropriate High Court.

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 also(( Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736.)) 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 filed(( Sirajuddin Khan @ Siraj v. Dr. Shahnaz Firdous M.Cr.C NO. 10341 OF 2011.)).

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 reasons(( Section 498A, The Indian Penal Code, 1860.)):

  • If the harasser drives a woman to commit suicide(( Rupali Devi v. State of U.P & Ors. (2019) 5 SCC 38.)) .
  • 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 woman(( Rupali Devi v. State of U.P & Ors. (2019) 5 SCC 38.)).
  • 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.

Cases of Dowry Death

When the death of a woman within 7 years of her marriage was unnatural, i.e. caused by burns or injuries which are not ordinary and she had also suffered from cruelty or harassment because of demands for dowry, it is assumed that the husband or the relatives of the husband committed the crime of cruelty.

Death by suicide is also considered as a form of unnatural death.

If the above facts exist then the court will assume that the accused has committed the offence. The accused will then have to prove that she or he did not commit the offence.

The punishment for this crime is jail time up to 3 years along with a fine

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

What is the Time Limit to Complain against Domestic Violence?

There is no specific time limit(( Vikas and Ors. v. Usha Rani and Ors. 2018 (3) RCR (Criminal) 307.)) 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 law(( V.D.Bhanot v. Savita Bhanot (2012) 3 SCC 183.)) 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 divorced(( Smt.Sabana @ Chand Bai & Anr vs Mohd.Talib Ali & Anr 2014 (2) RCR (Criminal) 293.)). 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.

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)((Section 2(e), The Protection of Women from Domestic Violence Act, 2005.)) 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 Court(( Section 10 (2) (a), The Protection of Women from Domestic Violence Act, 2005.)). 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 complaint(( Form I(8), Section 2(e), The Protection of Women from Domestic Violence Act, 2005.)).

  • 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.