Back to Family Law Hub
Educational Purpose Only: This guide provides general educational information about domestic violence laws in India. It is not legal advice. Consult a qualified lawyer for advice specific to your situation. If you need immediate help, call the National Domestic Violence Helpline 181 or Emergency Helpline 112.
📢 Ad Space - Leaderboard (728x90)
Google AdSense or other network ad will appear here
Section 1
Introduction to Domestic Violence Laws
Domestic violence is a pervasive problem affecting millions of women in India. The legal framework for addressing domestic violence has evolved significantly over the years, with two primary legislations governing this area:
PWDVA 2005
Protection of Women from Domestic Violence Act, 2005 — Civil remedies and protection
BNS Section 85
Bharatiya Nyaya Sanhita — Criminal offense of cruelty by husband or relatives
Protection Orders
Court orders to prevent further violence and provide relief
Victim Rights
Rights of victims including compensation, shelter, and legal aid
Key Principles of Domestic Violence Laws
- Protection: Women have the right to live free from violence and abuse.
- Right to Residence: Women have the right to reside in the shared household.
- Legal Remedies: Multiple remedies available including protection orders, residence orders, and compensation.
- Accessible Justice: The PWDVA provides a simplified procedure for filing complaints.
- Support Services: Protection Officers, shelter homes, and counseling services are available.
Key Fact
The Protection of Women from Domestic Violence Act (PWDVA), 2005 came into force on October 26, 2006. It is a civil law that provides protection and remedies to women who are victims of domestic violence. The Bharatiya Nyaya Sanhita (BNS), 2023 has replaced the IPC and criminalizes cruelty against women under Section 85.
Immediate Help
If you or someone you know is a victim of domestic violence, please contact:
- National Domestic Violence Helpline: 181 (24x7)
- Emergency Helpline: 112
- Women Helpline: 181
- National Commission for Women: 7827170170
- One Stop Centres: Integrated support services at district level
Section 2
Protection of Women from Domestic Violence Act (PWDVA), 2005
The Protection of Women from Domestic Violence Act, 2005 is the primary civil law for the protection of women from domestic violence. It defines domestic violence broadly and provides for various reliefs.
Definition of "Aggrieved Person" and "Domestic Relationship"
Under Section 2(a) of the PWDVA, an "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.
A "domestic relationship" under Section 2(f) includes a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.
Definition of Domestic Violence
Section 3 of the PWDVA defines domestic violence broadly to include:
Physical Abuse: Any act causing bodily pain, harm, or danger to life, limb, or health
Sexual Abuse: Any conduct of a sexual nature that abuses, humiliates, or degrades
Verbal/Emotional Abuse: Insults, threats, humiliation, or degrading treatment
Economic Abuse: Withholding money, denying access to resources, disposing of property
Dowry Harassment: Harassment for unlawful dowry demands
Important: The PWDVA provides for the woman's right to reside in the shared household, whether or not she has any title or rights in the household. The court can pass residence orders to secure this right.
📢 Ad Space - In-Article Rectangle (336x280)
Section 3
Criminal Laws on Domestic Violence: BNS Section 85
Under the Bharatiya Nyaya Sanhita (BNS), 2023, domestic violence is also a criminal offense. Section 85 specifically addresses cruelty by a husband or his relatives against a woman.
BNS Section 85: Cruelty by Husband or Relatives
Section 85 of BNS states: "Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine."
Definition of "Cruelty" Under BNS Section 85
Cruelty under this section includes any behavior that causes significant harm to a woman's physical or mental well-being, including:
- Physical Violence: Hitting, kicking, or any form of physical abuse.
- Emotional Abuse: Verbal abuse, threats, degradation, or humiliation.
- Harassment: Mental or emotional harassment creating a hostile environment.
- Dowry Demands: Harassment for dowry or other property demands.
Key Features of BNS Section 85
| Feature |
Details |
| Offense |
Cruelty by husband or relatives of husband |
| Punishment |
Imprisonment up to 3 years and fine |
| Nature |
Cognizable and non-bailable |
| Who Can File |
The aggrieved woman or any person on her behalf |
| Comparison |
Equivalent to Section 498A of IPC — no change in substance |
Important: The offense under BNS Section 85 is cognizable and non-bailable. However, courts have issued guidelines to prevent misuse, including the requirement of a "cooling period" before arrest in certain cases.
Section 4
Reliefs Available Under PWDVA
Under the PWDVA, an aggrieved woman can seek multiple reliefs from the Magistrate:
Types of Reliefs
Protection Orders
Prevents the abuser from committing further acts of domestic violence
Residence Orders
Right to reside in the shared household
Monetary Relief
Compensation for losses and expenses incurred
Custody Orders
Grant custody of children to the aggrieved woman
Compensation Orders
Damages for injuries caused
Interim Orders
Ex-parte orders for immediate protection
Procedure for Filing an Application
- File Complaint: Approach the police, Protection Officer, or Magistrate directly.
- Domestic Incident Report: Register the complaint in the prescribed format (Form I) through the Protection Officer.
- Application for Reliefs: File an application under Section 12 before the Magistrate seeking one or more reliefs.
- First Hearing: The Magistrate must fix the first date of hearing within 3 days of receiving the application.
- Interim Orders: The court can pass ex-parte/interim orders for immediate protection.
- Final Disposal: The court must dispose of the application within 60 days of the first hearing.
Key Point: Under Section 12(5) of the PWDVA, the court must complete the proceedings within 60 days of the first hearing. This ensures speedy relief for victims.
📢 Ad Space - Multi-Purpose Rectangle
Section 5
Common Problems Faced by Citizens
Here are some of the most common issues citizens face regarding domestic violence laws, along with practical solutions:
Problem 1: "I am a victim of domestic violence. What should I do?"
Solution:
- Ensure your immediate safety. Leave the situation if it is dangerous.
- Contact the National Domestic Violence Helpline 181 or Emergency Helpline 112.
- File a complaint with the police (cognizable offense under BNS Section 85).
- Approach a Protection Officer or Magistrate under the PWDVA.
- Seek medical examination and preserve evidence of injuries.
- Approach a One Stop Centre for integrated support services.
Problem 2: "The police are not registering my domestic violence complaint."
Solution:
- Under the PWDVA and BNS Section 85, domestic violence is a cognizable offense.
- Approach the Superintendent of Police with a written complaint.
- Approach the Magistrate under Section 156(3) CrPC / BNSS to direct the police.
- File a Private Complaint before the court.
- Contact the National Commission for Women (NCW) at 7827170170.
Problem 3: "My husband and in-laws are threatening me. What can I do?"
Solution:
- Apply for a protection order under Section 18 of the PWDVA.
- The court can prohibit the abuser from committing violence, entering your workplace, or communicating with you.
- File a criminal complaint under BNS Section 85 and other relevant provisions.
- Seek interim protection orders from the Magistrate.
- Contact the police for immediate intervention.
Problem 4: "I am being thrown out of my house. Can I be forced to leave?"
Solution:
- The PWDVA provides the right to reside in the shared household.
- Apply for a residence order under Section 19 of the PWDVA.
- The court can order the respondent not to dispossess you from the shared household.
- The court can also order the respondent to provide alternate accommodation.
- You cannot be forced to leave the shared household without a court order.
Problem 5: "I need financial support. Can I get monetary relief?"
Solution:
- Apply for monetary relief under Section 20 of the PWDVA.
- You can claim expenses incurred and losses suffered due to domestic violence.
- The Magistrate can order payment of monetary relief at any stage of the proceedings.
- You can also claim maintenance under Section 125 CrPC / BNSS provisions.
- Approach the Legal Services Authority for free legal aid.
Problem 6: "I have been falsely accused of domestic violence."
Solution:
- Courts have recognized the issue of misuse of domestic violence laws.
- Cooperate with the investigation and provide evidence of false allegations.
- In cases under BNS Section 85, courts have recommended a "cooling period" before arrest.
- Approach the court for anticipatory bail if there is a fear of arrest.
- File a complaint for false implication if evidence supports it.
Section 6
Role of Protection Officers and Support Services
Protection Officers (Section 8 PWDVA)
Protection Officers are appointed by the State Government to assist victims of domestic violence. Their key duties include:
- Assistance: Assist the Magistrate in discharging functions under the Act.
- Domestic Incident Report: Prepare and submit the Domestic Incident Report to the Magistrate.
- Filing Applications: File applications on behalf of the aggrieved person.
- Legal Aid: Ensure the aggrieved person is provided legal aid.
- Shelter Homes: Make available safe shelter homes to the aggrieved person.
- Medical Examination: Get the aggrieved person medically examined.
Support Services Available
One Stop Centres: Integrated support services including police facilitation, medical aid, legal aid, counseling, and temporary shelter
Shelter Homes: Swadhar Greh scheme provides shelter, food, clothing, counseling, training, and legal aid to women in difficult circumstances
Women Helpline 181: 24x7 emergency and non-emergency support
Legal Aid: Free legal services under the Legal Services Authority Act
Counseling: Psycho-social counseling through One Stop Centres and other services
Key Point
Protection Officers play a crucial role in the implementation of the PWDVA. They act as a bridge between the victim and the court, ensuring that the victim receives all available support and services.
Section 7
Frequently Asked Questions
This comprehensive FAQ section addresses common questions about domestic violence laws in India.
1. What is the difference between PWDVA and BNS Section 85?
PWDVA (Protection of Women from Domestic Violence Act, 2005): This is a civil law that provides protection and remedies to women victims of domestic violence. It is a comprehensive law that defines domestic violence broadly and provides for reliefs like protection orders, residence orders, and monetary relief.
BNS Section 85: This is a criminal law that specifically punishes cruelty by a husband or his relatives against a woman. It is a cognizable and non-bailable offense punishable with imprisonment up to 3 years and fine.
The PWDVA provides civil remedies, while BNS Section 85 is a criminal provision. A victim can pursue both civil and criminal remedies simultaneously.
2. Who can file a complaint under the PWDVA?
Under the PWDVA:
- The aggrieved person (the woman who is a victim of domestic violence) can file a complaint.
- A Protection Officer can file an application on behalf of the aggrieved person.
- Any other person on behalf of the aggrieved person can also file an application.
The aggrieved person can approach the police, Protection Officer, or directly the Magistrate.
3. What evidence is required to prove domestic violence?
Evidence to prove domestic violence can include:
- Medical Records: Reports of injuries or medical examinations.
- Photographs: Photos of injuries or the scene of violence.
- Witness Testimony: Statements of family members, neighbors, or others who witnessed the violence.
- Documentary Evidence: Emails, text messages, or letters containing threats or abusive content.
- Police Reports: FIRs or other complaints filed with the police.
- Domestic Incident Report: The report prepared by the Protection Officer.
4. What is the punishment for domestic violence under BNS Section 85?
Under BNS Section 85, the punishment for cruelty by a husband or his relatives against a woman is:
- Imprisonment: Up to 3 years
- Fine: The accused shall also be liable to fine
The offense is cognizable and non-bailable, meaning the police can arrest without a warrant and the accused must apply for bail.
5. Can I file a domestic violence complaint online?
Yes, you can file a domestic violence complaint through various online platforms:
- National Commission for Women (NCW): You can file a complaint on the NCW portal (www.ncw.nic.in).
- Women Helpline 181: You can call the helpline for support and guidance.
- Email: You can send a complaint to the Protection Officer or police via email.
- One Stop Centres: These centers provide integrated support, including online complaint registration.
However, for effective legal action, it is advisable to also file a physical complaint with the police or Magistrate.
6. What is the right to reside in the shared household?
Under the PWDVA, a woman has the right to reside in the shared household, whether or not she has any title or rights in the household. This means:
- The woman cannot be thrown out of the shared household by the husband or his relatives.
- The court can pass a residence order securing the woman's right to reside in the shared household.
- The court can also direct the respondent to provide alternate accommodation if necessary.
This is a significant right that protects women from being rendered homeless.
7. Can a woman in a live-in relationship file a complaint under PWDVA?
Yes, the PWDVA recognizes "relationship in the nature of marriage" as a domestic relationship. This includes live-in relationships.
Under Section 2(a) of the PWDVA, a "domestic relationship" includes a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage.
Therefore, women in live-in relationships are also protected under the PWDVA.
8. What is the procedure for filing a complaint under the PWDVA?
The procedure for filing a complaint under the PWDVA is as follows:
- Contact: Approach a Protection Officer, police station, or directly the Magistrate.
- Domestic Incident Report: The Protection Officer prepares a Domestic Incident Report in Form I and submits it to the Magistrate.
- Application for Reliefs: File an application under Section 12 before the Magistrate seeking reliefs.
- First Hearing: The Magistrate fixes the first date of hearing within 3 days.
- Interim Orders: The court can pass ex-parte/interim orders for immediate protection.
- Final Disposal: The court disposes of the application within 60 days of the first hearing.
9. What remedies are available under the PWDVA?
Under the PWDVA, an aggrieved woman can seek the following reliefs:
- Protection Orders: Preventing further acts of domestic violence.
- Residence Orders: Right to reside in the shared household.
- Monetary Relief: Compensation for losses and expenses.
- Custody Orders: Custody of children.
- Compensation Orders: Damages for injuries caused.
- Interim Orders: Ex-parte orders for immediate protection.
10. How has the BNSS 2023 improved the legal framework for domestic violence?
BNSS 2023 introduces several reforms that benefit victims of domestic violence:
- Electronic Filing: Information about offenses can be sent electronically.
- Zero FIR: FIR can be filed at any police station, regardless of jurisdiction.
- Progress Reports: Victims have the right to receive progress reports within 90 days of FIR registration.
- Video Recording: Search and seizure must be recorded on video.
- Investigation Timeline: For offenses against women, investigation must be completed within 60 days.
- Witness Protection: Witness Protection Scheme has been introduced.
These reforms aim to make the legal process more accessible, transparent, and efficient for victims of domestic violence.
📢 Ad Space - Bottom Leaderboard (728x90)
Section 8
Related Guides
Explore more educational resources on family law and women's rights:
Section 9
Important Legal References
This guide is based on the following legal provisions:
- Protection of Women from Domestic Violence Act, 2005 - The primary civil law for domestic violence
- Bharatiya Nyaya Sanhita, 2023 - Section 85 (Cruelty by husband or relatives)
- Bharatiya Nagarik Suraksha Sanhita, 2023 - Procedural reforms for domestic violence cases
- Code of Criminal Procedure, 1973 - Section 125 (Maintenance) and other provisions
- Constitution of India - Articles 14, 15, 21, and 39
- D.K. Basu Guidelines - Arrest and custody guidelines
- Supreme Court Judgments on domestic violence and women's rights
- National Commission for Women (NCW) - Guidelines and support
Educational Reference: This guide is for general educational purposes only. Please consult a qualified lawyer for advice specific to your case.
Section 10
About This Guide
This comprehensive guide was prepared by the Nyayaseva Editorial Team to provide free, accessible, and accurate educational information about domestic violence laws in India. We strive to keep our content updated with the latest legal developments.
Last Updated: June 2026
Editorial Team: Nyayaseva Editorial Team
Review Process: All content is reviewed by legal researchers and subject matter experts to ensure accuracy and reliability.
Get Help
If you or someone you know needs immediate help:
- National Domestic Violence Helpline: 181
- Emergency Helpline: 112
- Women Helpline: 181
- National Commission for Women: 7827170170
Disclaimer: Nyayaseva is an independent legal information, research and awareness platform. The content published on this website is intended solely for educational and informational purposes. Nothing contained on this website shall be construed as legal advice, legal opinion, solicitation, advertisement or recommendation. No advocate-client relationship is created through use of this website.