Understanding Domestic Violence in Indian Law
Domestic violence is not limited to physical abuse. Indian law recognizes physical, sexual, emotional, verbal, and economic abuse as forms of domestic violence. If you are experiencing any of these, you have the right to seek legal protection immediately.
📞 Women Helpline: 181 | 1091
For immediate help, call Delhi Women Helpline 181 (24/7). You can also reach the One Stop Centre (Sakhi) for shelter, medical care, and legal support.
Types of Domestic Violence Covered
- Physical Abuse: Hitting, slapping, kicking, assault, or any bodily harm.
- Sexual Abuse: Forced sexual acts, marital rape (criminalized for certain categories).
- Emotional / Psychological Abuse: Threats, humiliation, mental torture, isolation.
- Economic Abuse: Withholding money, forcing you to sign documents, controlling finances.
- Dowry Harassment: Demand for dowry, cruelty by husband or in-laws related to dowry.
- Verbal Abuse: Constant insults, derogatory remarks, public humiliation.
Key Laws for Protection
- Protection of Women from Domestic Violence Act, 2005 (PWDVA): Provides civil remedies including Protection Orders, Residence Orders, Monetary Relief, and Custody Orders.
- IPC Section 498A (BNS Section 85): Cruelty by husband or in-laws — cognizable, non-bailable offense. Punishment up to 3 years and fine.
- IPC Section 304B: Dowry death — if wife dies within 7 years of marriage under suspicious circumstances — imprisonment from 7 years to life.
- Dowry Prohibition Act, 1961: Giving, taking, or demanding dowry is a criminal offense punishable with 5 years imprisonment.
- Section 125 CrPC: Right to maintenance for wife and children.
Reliefs Available Under PWDVA 2005
- Protection Order: Court order preventing abuser from committing violence, contacting, or approaching you.
- Residence Order: Right to stay in the shared household; abuser may be evicted.
- Monetary Relief: Compensation for injuries, medical expenses, loss of earnings.
- Custody Order: Temporary custody of children.
- Compensation Order: Financial damages for mental torture and emotional distress.
⚠ You Cannot Be Thrown Out of Your Home
Under PWDVA 2005, you have the right to reside in the shared household regardless of whether it is owned by you or your husband. File for a Residence Order immediately if you are being threatened with eviction.
How We Help You
- Free consultation on your rights and options under PWDVA and IPC 498A.
- Help in filing domestic incident reports and police complaints.
- Guidance on approaching the Magistrate for Protection Orders.
- Assistance in claiming maintenance under Section 125 CrPC.
- Support in child custody matters.
- Connecting you with shelter homes and Sakhi One-Stop Centres in Delhi.