Ensuring a strong legal framework to combat violence in India is crucial, as countless individuals, especially women, suffer from physical, emotional, sexual, and economic harm inflicted by a family member. That’s why one must know about the domestic violence punishment under Indian law.

The Indian Penal Code, the Protection of Women from Domestic Violence Act, 2005, and the Criminal Procedure Code together form the cornerstone of the nation’s fight against abuse, offering both protection and severe punishment for perpetrators.

These statutes empower the justice system to take strict action against offenders, ensuring redress for victims and reinforcing a robust response to increasing incidents of domestic abuses. By understanding these laws and their ramifications, society can actively work towards enforcement, making legal interventions more effective in safeguarding victims and upholding justice.

How Punishment is Defined Legally in India?

In India, the legal apparatus to counter domestic violence is structured through both criminal and civil laws, ensuring a robust defence for victims. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) grants remedies like protection orders, residence orders, and monetary relief, offering immediate support.

The Indian Penal Code (IPC), particularly Section 498-A, criminalizes cruelty inflicted by a husband or his relatives on a wife, reinforcing legal safeguards. Additionally, the Criminal Procedure Code (CrPC) under Section 125 mandates maintenance orders, compelling abusers to provide financial support to the victim, ensuring long-term protection and justice.

Understanding Punishments in the Indian Penal Code

Under the Indian Penal Code (IPC), Section 498-A specifically criminalizes cruelty inflicted by a husband or his relatives on a wife, prescribing imprisonment for up to three years along with a fine. This law broadly covers physical harm and harassment related to dowry demands, ensuring protection for married women.

Similarly, Section 304-B, concerning dowry death, applies when a bride’s death occurs under suspicious circumstances within seven years of marriage due to burns, bodily injury, or harassment over dowry. Punishments under this law range from a minimum of seven years to life imprisonment, ensuring strict penalties for offenders.

Civil Relief Under the Domestic Violence Act

Civil Remedies under the Domestic Violence Act
Compensation orders from courts provide financial relief for both physical damage and psychological damage endured by the victim..
Under the Act, a victim has the right to reside in her marital home, regardless of any title or ownership of the property.
Courts can issue protection orders to prevent the abuser from contacting the victim, committing further abuse, or entering her workplace.
Monetary relief ensures compensation covering medical expenses, loss of earnings, and other damages suffered.
Custody orders may grant temporary custody of children to the victim, prioritizing their safety.

What Counts as Domestic Violence?

Domestic violence is a serious violation of a person’s health, safety, and life, often taking the form of physical abuse, mental abuse, sexual abuse, verbal abuse, economic abuse, and emotional abuse. It can involve harassment, coercion, unlawful demands for property or dowry, and even threats that leave the victim vulnerable. Courts, in landmark judgments like Vajresh Venkatray Anvekar v. State of Karnataka, have ruled that repeated beating and assault cannot be justified under any circumstances.

The case of V.D. Bhanot v. Savita Bhanot emphasized that a 63-year-old woman, abandoned after 31 years of marriage, with no means of sustenance, falls under the protection of domestic violence laws. Whether through injuries inflicted through aggression or indirect pressure leading to suicide, every instance of such behaviour is a violation of justice. Courts have reinforced that these acts are not acceptable and that victims deserve strict legal intervention to ensure their security.

What Are the Different Types of Domestic Abuse?

Physical abuse involves violent acts that cause pain and suffering to the victim, including slapping, kicking, biting, hitting, and beating. It may also involve forcing someone into drugs or alcohol against their will or denying necessary medical treatment.

Economic abuse occurs when the abuser makes the victim financially dependent by controlling finances, limiting access to money, or preventing employment and educational opportunities, making it difficult for them to gain independence.

Technological abuse is the misuse of technology to control, manipulate, or monitor online activities. This includes restricting access to electronic devices, invading social media, and using digital platforms to harass or intimidate a partner.

Punishments for Domestic Violence Under IPC and CrPC

Punishment for Domestic Violence in India

Section 498-A (Cruelty) under the Indian Penal Code (IPC) punishes cruelty by a husband or his relatives, prescribing imprisonment up to three years and a fine. It includes harassment, physical abuse, mental harm, and actions that cause suffering or drive a victim to suicide.
In Social Action Forum for Manav Adhikar v. Union of India, the court upheld the constitutional validity of Section 498-A, ensuring judicial intervention to prevent misuse while protecting victims.
The Supreme Court in Rajesh Sharma v. State of U.P. raised concerns over unwarranted arrests and the tendency to implicate all family members based on false allegations, stressing the need for thorough investigations.
Section 304-B (Dowry Death) punishes husbands for dowry-related deaths, especially if the victim faced harassment, coercion, or violence leading to physical harm or suicide within seven years of marriage.
Section 125 of the Criminal Procedure Code (CrPC) allows maintenance orders for wives, children, and parents to prevent economic abuse and financial dependence. It covers divorced women, second wives, and live-in partners, excluding women in void marriages.

Punishments for Domestic Violence Under the 2005 Act

To seek legal recourse under the Domestic Violence Act, there must be a domestic relationship between the perpetrator and the victim, where both have lived in a shared household and are connected by marriage, consanguinity, or a relationship similar to marriage.

The Supreme Court, in Indra Sarma v. V.K.V. Sarma, provided guidelines to determine if a live-in relationship qualifies as a relationship similar to marriage under the law. However, in D. Velusamy v. D. Patchaiammal, the court clarified that a one-night stand or weekend together does not legally establish a domestic relationship.

As per Section 2(a) of the Act, an aggrieved person eligible for protection is a woman who is or has been in a domestic relationship with the perpetrator and has faced domestic violence. Even if the woman is no longer in a relationship with the respondent, she retains the right to seek remedies under the Protection of Women Against Domestic Violence Act, 2005.

Who Can Seek Remedies Under the Domestic Violence Act, 2005?

Understanding the Scope of the 2005 Domestic Violence Act

Under Section 2(q) of the Act, a respondent in a domestic violence case is not restricted to adult males but can include women and non-adult males, as established in Hiralal P. Harsora v. Kusum Narottamdas Harsora. This ruling overruled the decision in Ajay Kant Sharma v. Alka Sharma, expanding the Act’s applicability.

Additionally, in Sandhya Manoj Wankhade v. Manoj Bhimrao Wankhade, the court clarified that female relatives of a husband or male partner are also covered under the Act, as the legislature did not intend to exclude them, even though the term female is not explicitly mentioned in Section 2(q). The word relative should not be interpreted in a restrictive manner, ensuring broader protection under the Domestic Violence Act, 2005.

Remedies Under the Protection Of Women Against Domestic Violence Act, 2005

Right To Reside In A Shared Household (Sections 17 & 19)

Under Section 17(1) of the Domestic Violence Act, 2005, every woman in a domestic relationship has the right to reside in a shared household, regardless of her ownership or interest in the property. Section 17(2) further prohibits the respondent from evicting or excluding the aggrieved person from the shared household. However, in Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel, the court clarified that a woman’s right of residence applies only to joint properties where the husband has a share, and she cannot claim rights over the respondent’s property.

In Ishpal Singh Kahai v. Ramanjeet Kahai, the court held that a victim can apply for a residence order regarding a matrimonial home, regardless of her ownership or interest in the property. Section 19 allows a magistrate to pass residence orders, such as:

Restraining the respondent from dispossessing or disturbing the aggrieved person’s possession of the shared household.
Directing the respondent to vacate the shared household.
Restraining the respondent or their relatives from entering the portion of the shared household where the aggrieved person resides.
Preventing the respondent from alienating or encumbering the shared household.
Stopping the respondent from renouncing their rights in the shared household, except with the magistrate’s permission.
Directing the respondent to provide alternate accommodation or pay rent if necessary.

In S.R. Batra v. Taruna Batra, the court clarified that the wife’s claim for alternative accommodation under Section 19(1)(f) is only against her husband, not her in-laws or other relatives.

Protection Orders (Section 18)

Under Section 18, a magistrate can issue a protection order to prevent the respondent from:

Committing any act of domestic violence.
Aiding or abetting in domestic violence.
Entering the aggrieved person’s place of employment, or a child’s school.
Attempting to communicate with the aggrieved person via oral, written, electronic, or telephonic means.
Alienating assets, operating bank lockers or bank accounts, including the aggrieved person’s stridhan.
Inflicting violence on dependents, relatives, or assistants of the aggrieved person.
Committing any other acts specified in the protection order.

In Madhusudan Bhardwaj v. Mamta Bhardwaj, the court held that two factors must be proven in favor of the aggrieved woman:

Opportunity of hearing for both parties.
Prima facie satisfaction of domestic violence or its likelihood.

It was clarified that a hearing opportunity does not mean such orders can only be issued after a formal hearing.

In Saraswathy v. Babu, the court held that conduct before the commencement of the Domestic Violence Act, 2005 can be considered when issuing orders under Sections 18, 19, and 20, ensuring a comprehensive review of the case.

Financial Relief Under Section 20

Under Section 20 of the Domestic Violence Act, 2005, a magistrate can order the perpetrator to provide monetary relief to compensate the aggrieved woman and her children for expenses and losses resulting from domestic violence. This relief may cover:

Loss of earnings: Compensation for income lost due to domestic violence.
Medical expenses: Reimbursement for medical costs incurred by the aggrieved woman or child.
Loss of property: Compensation for damage, destruction, or removal of property from the control of the aggrieved woman.
Maintenance: A remedy that is additional to the maintenance order under Section 125 of the Criminal Procedure Code.

The monetary relief must be adequate, fair, and reasonable, aligned with the standard of living of the aggrieved woman. In Ajay Kumar v. Lata, the court allowed a maintenance claim against the brother of a deceased husband, considering the shared household in an ancestral joint Hindu family property and their joint business. The court upheld the direction for interim maintenance, reinforcing the financial security of the aggrieved woman.

Custody and Compensation under the Protection of Women Against Domestic Violence Act, 2005

Under Section 21, the magistrate has the authority to grant custody orders to ensure the safety and welfare of the child. The aggrieved person may be awarded custody of the child, with or without visitation rights for the respondent. This provision aims to protect the best interests of the child while preventing further domestic violence.

Similarly, Section 22 empowers the magistrate to issue compensation orders, ensuring financial redress for the physical and mental injuries suffered due to domestic violence. These compensation payments acknowledge the harm caused and offer relief to the victim by holding the perpetrator accountable.

Additional Civil Remedie

Apart from the Protection of Women Against Domestic Violence Act, various civil remedies are available to address issues related to domestic violence. These include divorce, which legally dissolves a marriage, and judicial separation, allowing spouses to live apart while still remaining legally married. Another option is restitution of conjugal rights, where one spouse can seek court intervention to resume marital cohabitation.

Additionally, maintenance can be claimed as a financial support obligation imposed on one spouse during or after separation or divorce. In some cases, alimony is awarded to provide continued financial assistance post-divorce. These civil remedies can be pursued either independently or alongside the Protection of Women Against Domestic Violence Act, depending on the specific needs of the aggrieved person.

Final Thoughts

The punishment for domestic violence in India is primarily governed by the Protection of Women from Domestic Violence Act, 2005, which offers multiple legal remedies, including protection orders, residence orders, monetary relief, custody orders, and compensation for injuries. Perpetrators may face legal consequences such as restraining orders, financial compensation, and temporary loss of custody rights, depending on the nature and gravity of the offence.

Additionally, Section 498-A of the Indian Penal Code addresses cruelty against women, prescribing punishment for such acts, while Section 125 of the Criminal Procedure Code ensures maintenance orders for the aggrieved person, reinforcing the legal recourse available for victims of domestic violence.

Domestic Violence Punishment Under Indian Law