- 07-May-2025
- Military Law
In India, victims of domestic violence have access to a variety of legal remedies designed to provide protection, compensation, and justice for the harm they have suffered. The legal framework in India includes several important laws and procedures that can help survivors of domestic violence secure immediate relief, long-term safety, and redress for the abuse they have experienced.
The Protection of Women from Domestic Violence Act, 2005 is one of the most significant pieces of legislation aimed at providing legal remedies to victims of domestic violence in India. The Act is specifically designed to protect women from physical, emotional, psychological, and economic abuse.
Under Section 18 of the PWDV Act, a woman can seek a protection order from the court, which prohibits the abuser from committing any act of violence, or threatening or intimidating the survivor. The protection order can also prevent the abuser from entering the shared home or workplace.
A victim can request a residence order under Section 19, which ensures that the abuser is restrained from dispossessing the victim from the shared home. If necessary, the court can order that the woman and her children (if applicable) can stay in the shared residence or be provided alternative accommodation.
Section 20 of the Act allows the victim to seek monetary relief, which includes reimbursement for medical expenses, compensation for loss of earnings, and any expenses related to the violence. The court may also order interim maintenance.
In cases where children are involved, the victim can seek custody orders under Section 21 of the Act, ensuring that the children are kept safe from harm and placed under the protection of the victim.
Courts can issue compensation orders under Section 22, requiring the abuser to compensate the survivor for the mental and physical suffering caused by the violence.
The Act also provides for medical assistance, legal aid, and access to shelters and rehabilitation services through the implementation of the National Commission for Women (NCW) and other government bodies.
In addition to civil remedies under the PWDV Act, victims of domestic violence can also pursue criminal remedies under the Indian Penal Code (IPC).
This provision deals with cruelty inflicted on a woman by her husband or his relatives. It includes both physical and mental cruelty. This is a cognizable offense, meaning the police can make an arrest without a warrant. If found guilty, the abuser can face imprisonment for up to 3 years and a fine.
If the domestic violence involves physical injury, the perpetrator can be charged under Section 323 for causing harm to the survivor. The penalty for causing hurt is imprisonment of up to one year, a fine, or both.
If the violence involves sexual harassment or assault, the perpetrator can be charged under Section 354 of the IPC, which carries a punishment of imprisonment for up to 2 years or a fine, or both.
In cases where domestic violence involves life-threatening injury, the perpetrator can be charged under Section 307 for attempted murder, which is a serious criminal offense carrying severe penalties.
In cases where the abuse involves sexual violence, the IPC allows survivors to file charges under Section 376 for rape, which carries stringent penalties, including life imprisonment or the death penalty in some extreme cases.
Survivors of domestic violence in India are entitled to free legal aid under the Legal Services Authorities Act, 1987. This law provides victims access to free legal representation and counseling to help them navigate the legal system. State Legal Services Authorities (SLSAs) and District Legal Services Authorities (DLSAs) provide these services to those in need.
If the victim of domestic violence is seeking divorce or separation, she can file a petition in Family Court. The court may grant:
The victim can seek financial maintenance from the abuser for herself and her children under Section 125 of the Criminal Procedure Code (CrPC).
Under the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Muslim Personal Law (Shariat) Application Act, a woman can seek a divorce or judicial separation on the grounds of cruelty (which includes domestic violence).
Domestic violence in India is often linked to dowry-related abuse. The Dowry Prohibition Act, 1961, provides protection against dowry harassment and demands. If domestic violence stems from dowry-related issues, victims can file a case under this Act, in addition to other remedies provided by the IPC and the PWDV Act.
There are several government and non-government organizations providing shelter and rehabilitation services for survivors of domestic violence. These shelters offer:
India has various helplines and organizations that offer immediate support to victims of domestic violence. Some notable services include:
Priya, a victim of domestic violence, seeks legal protection under the PWDV Act by filing a complaint with the Protection Officer. The court grants her a protection order, prohibiting her husband from contacting her. She also seeks monetary relief for medical expenses and lost wages due to the injuries sustained in the abuse. Additionally, the court issues a residence order, ensuring that Priya can stay in the marital home until the situation is resolved. Priya also receives legal aid to help her navigate the divorce proceedings and ensure that her rights are upheld.
Victims of domestic violence in India have a range of legal remedies available to them under both civil and criminal law. The Protection of Women from Domestic Violence Act, 2005 provides essential legal protections and relief for women, including protection orders, residence orders, and monetary relief. Additionally, survivors can seek justice through criminal charges under the Indian Penal Code, as well as divorce and maintenance through Family Courts. Legal aid, shelters, and helplines further ensure that survivors have the support they need to escape abusive situations and rebuild their lives.
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