Domestic Violence in India: legal remedies, protection orders, and how to file a complaint
Quick Answer
Domestic violence in India is primarily governed by the Protection of Women from Domestic Violence Act, 2005 (PWDVA), which provides civil remedies including protection orders, residence orders, and monetary relief. The Indian Penal Code also addresses criminal aspects through Section 498A (cruelty by husband or relatives) and Section 304B (dowry death).
What law governs domestic violence in India?
The principal statute is the Protection of Women from Domestic Violence Act, 2005, which applies to all women regardless of religion. It defines "domestic violence" broadly to include physical, sexual, verbal, emotional, and economic abuse. The Act covers women in a "domestic relationship" — this includes wives, live-in partners, sisters, mothers, and daughters living in a shared household. Criminal remedies are available under Section 498A of the Indian Penal Code, 1860, which makes cruelty by a husband or his relatives a cognizable, non-bailable offence. For dowry-related deaths, Section 304B IPC applies.
What constitutes domestic violence under the law?
The PWDVA defines domestic violence through five categories under Section 3: - Physical abuse: actual bodily harm or the threat of it.
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