Domestic Violence Laws in India
Domestic Violence Laws in India
What PWDVA and the BNS Actually Protect
The Legal Framework
"For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it... harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse..." — Section 3, Protection of Women from Domestic Violence Act, 2005
Domestic violence under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) is wider than most people expect. It covers physical, sexual, verbal and emotional, and economic abuse, plus harassment aimed at forcing a dowry demand. Domestic violence laws in India protect a woman who is, or has been, in a domestic relationship with the respondent, including wives, live-in partners, mothers, sisters, and widows.
The Act is civil in nature. You apply to a Magistrate for protection, residence, and money, not for punishment. The criminal law runs alongside it. Cruelty by a husband or his relatives was punished under Section 498A of the IPC, and for offences after 1 July 2024 the provision is Section 85 of the Bharatiya Nyaya Sanhita (BNS), with Section 86 defining cruelty. Dowry demands also fall under the Dowry Prohibition Act, 1961.
Some women use both routes at once, and some use only one. The right mix depends on your safety, your goals, and your evidence. A good advocate explains the trade-offs before anything is filed.
Key Terms You Will Hear
These terms show up in applications, orders, and portal screens, so learn them early.
PWDVA
Protection of Women from Domestic Violence Act, 2005
BNS
Bharatiya Nyaya Sanhita, 2023, which replaced the IPC
NCW
National Commission for Women
DIR
Domestic Incident Report, prepared by a Protection Officer or service provider
DLSA
District Legal Services Authority
OSC
One Stop Centre, also called Sakhi
PO
Protection Officer appointed by the state under the PWDVA
Shared Household
The home where the woman lives, or has lived, in the domestic relationship
Forms of Abuse
Four Forms of Abuse the Law Recognises
Including the Ones Nobody Sees
The PWDVA names four forms of abuse, and each can stand alone.
Physical Abuse
Hitting, pushing, burning, or any act causing bodily pain or danger to life, limb, or health, including criminal force and intimidation.
Sexual Abuse
Forced sexual acts, degrading conduct, or any sexual behaviour that humiliates or violates a woman's dignity.
Verbal and Emotional Abuse
Insults, ridicule, name-calling, taunts about dowry or not having a son, and repeated threats to hurt her or those she loves.
Economic Abuse
Denying money for household needs, withholding stridhan or jewellery, blocking her from working, or locking her out of the home.
Who Can Help
Who Handles What
The People and Offices That Can Help You
Several bodies work together under the PWDVA.
- Helps prepare the Domestic Incident Report
- Assists in filing
- Connects you with shelter, medical care, and legal aid
- Offers counselling and legal guidance
- Police help and medical support
- Short-term shelter in one place
- Provides free legal aid to women
- Whatever their income
- Help with applications and court support
- Hears your application
- Passes protection, residence, and monetary orders
- Takes complaints and follows up with authorities
- Runs a helpline for women in distress
Understanding the Governing Laws
The Governing Laws Behind Your Protection
PWDVA, BNS, and Maintenance Rules
Three sets of laws shape most domestic violence cases.
Protection of Women from Domestic Violence Act, 2005
For Civil Protection and Relief
The main law. Section 12 lets you apply to a Magistrate, Sections 18 to 22 list the reliefs, and Section 23 allows interim and ex parte orders. Breaking a protection order is a cognizable and non-bailable offence under Section 31.
Application before a Magistrate
Protection, residence, and monetary orders
Breach is a criminal offence
Bharatiya Nyaya Sanhita, 2023 and Dowry Prohibition Act, 1961
For Criminal Complaints Alongside the PWDVA
Section 85 BNS punishes cruelty by a husband or his relatives, and Section 86 defines cruelty, including harassment linked to unlawful demands for property. It replaced Section 498A IPC for new cases. The Dowry Prohibition Act separately punishes giving, taking, and demanding dowry.
Section 85 BNS (earlier 498A IPC)
Cruelty defined in Section 86
Dowry Prohibition Act, 1961
For Financial Support and Disclosure
Maintenance can be claimed under Section 20 PWDVA and Section 144 BNSS (earlier Section 125 CrPC). In Rajnesh v. Neha (2020), the Supreme Court required both sides in maintenance cases to file an affidavit disclosing income, assets, and liabilities.
- Monetary relief (Section 20 PWDVA)
- Maintenance under Section 144 BNSS
- Mandatory asset affidavit
Remedies You Can Claim
Legal Remedies Every Aggrieved Woman
Can Ask a Magistrate For
A Magistrate can pass several kinds of orders under the PWDVA. Ask for each one that fits:
Protection Orders (Section 18)
Stop the respondent from committing violence, contacting you, entering your workplace or your children's school, or attacking people who help you.
Residence Orders (Section 19)
Secure your right to live in the shared household, stop dispossession, and, in suitable cases, direct alternative accommodation.
Monetary Relief (Section 20)
Cover medical costs, lost earnings, property loss, and maintenance for you and your children.
Custody Orders (Section 21)
Temporary custody of children, with visitation for the respondent if the Magistrate considers it safe.
Compensation Orders (Section 22)
Damages for mental torture and emotional distress caused by the violence.
Interim and Ex Parte Orders (Section 23)
Urgent relief, even before the respondent is heard, where there is an immediate risk.
Eligibility
Basic Eligibility Rules
Who Can Apply Under the PWDVA
The PWDVA is broader than many people assume. These basics apply:
- The applicant must be a woman who is, or has been, in a domestic relationship with the respondent through marriage, a relationship in the nature of marriage, adoption, or living together as a joint family.
- You need proof of the domestic relationship, such as a marriage certificate, photographs, shared records, or other evidence of living together.
- The respondent is usually the husband or male partner, and complaints can name his relatives. Since Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the respondent need not be an adult male.
- You can file even after separation, and you do not need a divorce, an FIR, or a Domestic Incident Report first.
Who This Is For
Protection for Women
in Every Kind of Domestic Relationship
Wives Facing Abuse at Home
A wife facing beatings, threats, or constant humiliation at home.
Women Denied Money or Stridhan
A woman denied money, stridhan, or access to her own bank account.
Daughters-in-Law Facing Dowry Pressure
A daughter-in-law facing dowry pressure from her husband or in-laws.
Women in Live-In Relationships
A woman in a live-in relationship facing violence or being thrown out.
Mothers, Sisters, and Widows
A mother, sister, or widow harassed by relatives in the shared household.
Women Who Have Already Left
A woman who has already left home and needs protection, maintenance, or custody.
Why Choose Legal Help?
Why Choose LegalRaahi
for Domestic Violence Cases
Searching for a domestic abuse lawyer near me? Here is how we work.
We Listen First, Then Plan
You are not here to be cross-examined. We hear your story at your pace, then explain your options without pressure or jargon.
Safety Comes Before Paperwork
If there is danger, we point you to emergency help and a safe place first. Filing follows once you are safe.
Applications Built on Evidence
Magistrates act on facts. We organise medical records, messages, photos, and witness details into a clear, dated account.
Civil and Criminal Routes, Explained Plainly
We explain when a PWDVA application, a Section 85 BNS complaint, or both make sense, and what each means for your family.
One Advocate, Plain Updates
The advocate who studies your file appears for you, and you hear about every hearing and order from us, in plain words.
Our Process
Domestic Violence Case Procedure in India
Step by Step
Every court runs at its own pace, but your preparation need not wait. The timelines below are estimates, not promises.
Step 1 · Day 1
Safety Check and Case Assessment
We start with your safety, then your story. You get a frank view of which orders you can seek, whether a police complaint also makes sense, and what evidence you hold.
Estimated timeline: Same day to 2 days
Step 2 · Days 2 to 4
Domestic Incident Report
A Protection Officer, One Stop Centre, or service provider records your account in a Domestic Incident Report (DIR). You can also report to the police, and a medical examination is arranged where needed.
Estimated timeline: 1 to 3 days
Step 3 · Days 4 to 10
Drafting and Filing the Application
We draft your application under Section 12 of the PWDVA, with the reliefs you need, and file it before the Judicial Magistrate. The mandatory affidavit of income, assets, and liabilities under Rajnesh v. Neha is filed alongside it.
Estimated timeline: 3 to 7 days
Step 4 · Weeks 2 to 12
Notice, Counselling, and Interim Orders
The Magistrate fixes the first hearing, ordinarily within three days of receiving the application, and issues notice to the respondent. Counselling may be directed, and interim orders for protection, residence, or maintenance can follow.
Estimated timeline: Several weeks, court dependent
Step 5 · Final Stage
Final Order, Appeal, and Enforcement
The law aims to decide the application within 60 days of the first hearing, though delays are common. Final orders can include protection, residence, and monetary relief. Breach is an offence, and appeals lie to the Sessions Court within 30 days.
Estimated timeline: Often several months, sometimes longer
Important note on safety: if you are in immediate danger, call 112 before anything else. Courts can pass urgent interim orders, but getting you to safety comes first.
Your Application
Filing a Domestic Violence Case
What Your Application Should Contain
A strong application is specific, dated, and honest. It should include:
Relationship Details
How you and the respondent are related, and where you lived together.
Incident Account
Dates, places, and what happened, in your own words and in order.
Reliefs Sought
The protection, residence, monetary, custody, and compensation orders you want.
Shared Household Details
The address, who owns it, and why you fear being removed.
Asset Affidavit
Income, expenses, property, and liabilities, as Rajnesh v. Neha requires.
Supporting Evidence
Medical records, messages, photographs, and witness details.
Emergency Support
Emergency Helpline Numbers
You Can Call Right Now
Save these numbers in your phone. Numbers change from time to time, so check the official portals if a call does not connect.
112 — National Emergency Number
Immediate danger and police response
14490 — NCW Digital Helpline
Complaints and guidance for women in distress
15100 — Legal Aid (NALSA)
Free legal services information
181 — Women Helpline
Counselling and referral to support services
Master Checklist
Documents You Will Need
for a Domestic Violence Case
Collect what you safely can, but never risk your safety for a document. Your advocate will chase the rest.
Essential Paperwork: Identity and Relationship
Identity and Address Proof
Aadhaar, passport, or voter ID, plus proof of your current address.
Proof of Domestic Relationship
Marriage certificate, wedding photographs, ration card, or records showing you lived together.
Police or Protection Officer Records
Any FIR, complaint copy, or Domestic Incident Report.
Evidence Documents: Proof of the Abuse
Medical Records
Hospital papers, injury photographs, and any medico-legal certificate.
Messages, Recordings, and Photos
Chats, call logs, voice notes, and images, with the Section 63 BSA certificate for electronic records.
Witness Details
Names and contact details of neighbours, relatives, or friends who saw or heard the abuse.
Financial Documents: For the Asset Affidavit
Income Proof
Salary slips, tax returns, and business records for both parties, as far as you have them.
Bank Statements and Property Papers
Account statements, property deeds, investments, and loan details.
Stridhan and Dowry Records
A list of gifts, jewellery, and valuables, with photographs or receipts.
Crucial Compliance Note: You may file where you live or work, where the respondent lives, or where the abuse happened, so pick the court with your advocate. The asset affidavit is mandatory in maintenance claims, and hiding assets can damage your case. Keep originals safe and back up digital evidence.
Support Beyond Court
Support Beyond the Courtroom
Shelter, Counselling, Skills, and Livelihood
Protection Officers and One Stop Centres can connect you with support beyond court orders:
Shelter and Medical Care
Short-term shelter and medical examination where needed.
Counselling
Trained counsellors for you and, where relevant, your children.
Skill Training and Livelihood
Referral to Skill India programmes and Self-Help Group networks, where available in your district, so you can build financial independence.
Avoid These Mistakes
Common Mistakes That
Weaken a Domestic Violence Case
Fear and pressure lead to avoidable errors. Steer clear of these four.
Deleting Messages or Photos
Even painful evidence can protect you later, so back it up safely.
Signing Papers Under Pressure
Never sign a settlement, withdrawal, or blank paper without legal advice.
Leaving Without a Plan
Moving out can complicate your residence claim, so seek advice first, unless you are in danger.
Exaggerating the Facts
Inflated claims damage credibility, so state what happened and let the evidence speak.
Jurisdiction & Timeline
Courts, Jurisdiction, and
Realistic Timeline
A domestic violence application goes to a Judicial Magistrate First Class or a Metropolitan Magistrate. You can file where you live or work, where the respondent lives, or where the abuse took place (Section 27).
Your right to reside in the shared household cannot be taken away except by a legal process (Section 17). In Satish Chander Ahuja v. Sneha Ahuja (2020), the Supreme Court held that a shared household is not limited to property owned by the husband. Appeals against a Magistrate's order lie to the Sessions Court within 30 days (Section 29).
Interim orders often come within weeks, while final orders can take many months, since the 60-day target is often missed in busy courts. A criminal complaint under Section 85 BNS runs separately through the police and criminal courts, usually on a longer timeline. These are ranges based on how courts usually run, not promises, and we will tell you plainly if your case looks heavier than average.
Why Trust Us
Why Trust LegalRaahi
With This
Our Core Standard
Compassion, Confidentiality,
and Clear Strategy
01
Family Law Advocates, Not Generalists
Our network advocates handle domestic violence, maintenance, and custody matters every week. That experience shows in how they read a file and prepare a woman for court.
02
Strict Confidentiality
Your name, address, and story stay with the team handling your case, and are never shared without your consent.
03
Honest Odds, No Promises
Nobody can promise a result, and we refuse to. You get a candid view of strengths, risks, and likely timelines before you decide.
04
Respect for Your Pace
You decide how fast to move. We never push you into a filing, a settlement, or a confrontation you are not ready for.
05
Support After the Order
Orders need enforcement. We help you report breaches, seek variations, and handle appeals.
0
+ Domestic Violence Matters Handled
4.8★
Client Rating for Family Law Services
Our Promise
- Free consultation before you commit
- One advocate for your entire case
- Pan-India service, any city
- Strictly confidential handling
Client Stories
Women Who Trusted LegalRaahi
With Their Domestic Violence Case
Protection Order · Granted at First Hearing
★★★★★
"I was too afraid to speak even to my family. The advocate listened without judging and explained each step. The Magistrate passed an interim protection order at the first hearing, and I slept properly for the first time in months."
ME
Meenakshi
Primary Teacher, Lucknow
Residence Order · Right to Shared Home
★★★★★
"My in-laws tried to lock me out of the house after a fight. LegalRaahi filed for a residence order and explained my shared household right in plain words. I did not have to leave my home."
FA
Farzana
Beautician, Bhopal
Monetary Relief · Interim Maintenance
★★★★☆
"He stopped giving money for our child's school fees. The advocate prepared my application and the asset affidavit carefully. Interim maintenance came after a few hearings. It was slower than I wanted, but it came."
PO
Pooja
Accounts Executive, Pune
Dowry Harassment · Both Routes Explained
★★★★★
"My husband's family kept demanding more after the wedding. LegalRaahi explained the difference between a PWDVA case and a Section 85 BNS complaint, and we chose what suited my situation."
Live-In Relationship · Protection Sought
★★★★★
"We were not married, and I assumed the law would not help. The advocate explained that a relationship in the nature of marriage can be covered, helped me collect proof, and filed the application."
SH
Sheetal
Graphic Designer, Mumbai
Economic Abuse · Stridhan Recovery Sought
★★★★★
"He kept my jewellery and cut me off from our bank account. LegalRaahi listed everything with photographs and receipts, and sought monetary relief and return of my stridhan. The process is ongoing, but I am no longer helpless."
Police Complaint · Guided Calmly
★★★★★
"I had no idea how to report domestic violence. The first call told me what to carry, whom to meet, and what to say. Having that clarity before walking into the station made me far less afraid."
KI
Kiran
Receptionist, Chandigarh
Breach of Order · Action Taken
★★★★★
"My husband ignored the protection order and kept calling me. My advocate filed an application about the breach, and the Magistrate warned him strictly. The calls stopped."
FAQs
Frequently Asked
Questions
How to report domestic violence in India, and who should I contact first?+
If you are in danger, call 112. Otherwise, approach a Protection Officer, a One Stop Centre, or the nearest police station, or apply directly to a Magistrate. A Domestic Incident Report helps but is not required. LegalRaahi can guide you on the safest first step and prepare your domestic violence complaint in India.
What is the domestic violence case procedure in India, and how long does it take?+
You record your account in a Domestic Incident Report, then file an application under Section 12 of the PWDVA before the Magistrate, along with the asset affidavit. The first hearing is ordinarily within three days, and interim orders may follow within weeks. The Act aims to decide applications in 60 days, but final orders often take months.
What is the difference between a PWDVA case and a Section 85 BNS case?+
A PWDVA case is civil. It gets you protection, residence, and money, not a conviction. A Section 85 BNS complaint, which replaced Section 498A IPC, is criminal and can lead to punishment for cruelty by a husband or his relatives. You can pursue one or both, depending on your goals and evidence.
Can I be thrown out of my marital home while the case is pending?+
Not by force. Section 17 of the PWDVA gives you a right to reside in the shared household, and you can be removed only through a legal process. A Magistrate can also pass a residence order restraining dispossession. If you feel unsafe at home, your safety comes first, and your advocate will plan around it.
Do I need a domestic abuse lawyer, and is free legal aid available?+
You can file through a Protection Officer, but a lawyer helps with drafting, evidence, the asset affidavit, and court strategy. If you cannot afford one, women are entitled to free legal services through the District Legal Services Authority, whatever their income. You can also call 15100.
What is the asset affidavit under Rajnesh v. Neha, and why does it matter?+
In Rajnesh v. Neha (2020), the Supreme Court required both spouses to file a sworn affidavit disclosing income, assets, expenses, and liabilities in maintenance cases, including under the PWDVA. It lets the court set fair maintenance. Hiding or understating assets can hurt your credibility and your claim.
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