Domestic Violence in India: A Simple, Practical Guide for Victims, NRIs and Families
Domestic violence touches many homes in India. It hurts bodies, minds, money and futures. Whether you live in India or watch from abroad as an NRI, this guide tells you what counts as domestic violence in India, which laws help, what steps you can take fast, and where to get support. The tone is direct and easy to follow meant for someone who needs clear steps now.
What is domestic violence?
Domestic violence is more than hitting. The law and courts see it as any behavior that harms a person’s physical or mental health, safety, or freedom. That includes:
- Physical abuse: hitting, pushing, burning, or any act causing bodily harm.
- Sexual abuse: any sexual act that humiliates or harms someone without consent.
- Verbal and emotional abuse: insults, threats, constant humiliation, isolation from friends or family.
- Economic abuse: stopping access to money, taking income, forcing someone to leave a home, or blocking work.
- Digital abuse harassing messages, spying, sharing private content without consent.
Under Indian law the protection is wide. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) uses the term aggrieved person and covers women in many types of domestic relationships — marriage, live‑in relationships, and relatives living together.
Who can get legal help?
PWDVA protects women who are in a domestic relationship with the person causing harm. That includes wives, live‑in partners, sisters, mothers, daughters and other relatives living together. Men cannot file under PWDVA, but men who face violence can use general criminal laws under the Bharatiya Nyaya Sanhita (BNS) or the earlier IPC provisions for assault, hurt or intimidation.
Key laws you should know
A few laws give practical remedies and protection. Learn these so you know what you can ask for:
- Protection of Women from Domestic Violence Act, 2005 (PWDVA) this civil law focuses on quick relief and safety. It gives protection orders, residence orders (right to stay in a shared home), monetary relief, custody orders and compensation for harm.
- Bharatiya Nyaya Sanhita (BNS), 2023 a recodification of criminal law replacing some IPC sections. It keeps criminal penalties for cruelty and offences like assault and criminal intimidation. Practitioners must follow official Gazette updates for exact sections.
- Criminal laws (IPC/BNS) if violence is a crime (assault, grievous hurt, sexual offence), file a police complaint or FIR. Criminal charges can run alongside PWDVA filings.
- Section 125 CrPC for long‑term maintenance and financial support.
What PWDVA can order quickly
- Protection orders: stop the abuser from contacting, approaching, or using violence against you.
- Residence orders: let you stay in or return to the shared household, and can ask the abuser to leave.
- Monetary relief: cover lost earnings, medical bills and other expenses.
- Custody orders: temporary custody of children for safety and wellbeing.
- Compensation: mental and physical trauma, loss or damage to property.
How to act fast step by step
Take safety first. Then follow these clear actions.
- Stay safe now. If you are in immediate danger, call the police (Dial 112 or 100 in India) or move to a safe place or shelter.
- Call for help. Contact a trusted friend, family member, or a local NGO that helps women.
- Call the police to file an FIR if the abuse is criminal (assault, sexual violence or serious threats). A police record helps criminal and civil cases.
- Contact a Protection Officer under PWDVA, Protection Officers help file an application, coordinate shelter and medical help, and guide you to court.
- Collect evidence. Keep medical records, photos of injuries, screenshots of messages, financial documents, witness names and a diary of incidents with dates.
- Consult a lawyer. A lawyer can file PWDVA applications, protection orders, and help with FIRs, maintenance and custody cases.
How NRIs can protect someone back home
NRIs face distance and time differences, but you can still act quickly by planning and using trusted people and legal tools in India.
- Appoint a Power of Attorney (POA). Give a reliable local person legal authority to file civil petitions, meet Protection Officers and act in court.
- Find a lawyer in the right city. Hire a domestic violence or family law professional in the district where the abuse happened.
- Use Protection Officers and NGOs. They can help the survivor file an application, get shelter, medical care, and file a Domestic Incident Report (DIR).
- File locally for criminal acts. An FIR must be registered at the police station where the offence occurred. Your lawyer or POA can help.
- Use e‑filing and virtual hearings where available to reduce travel and delays.
- Contact the Indian consulate if you need guidance or emergency help from abroad.
Evidence that helps
Courts need proof. Save and organize:
- Medical reports and doctor’s notes
- Photos of injuries and damaged property
- Texts, emails, call logs and social media messages
- Bank statements and salary slips for economic abuse
- Witness statements from neighbors, friends or family
- Any previous police complaints or court orders
Important judgments and legal updates
Court decisions keep the law practical. Two rulings to remember:
- Indra Sarma v. V. K. V. Sarma: the Supreme Court said some live‑in relationships can get protection under PWDVA if they meet certain facts. This opened help for many who are not married.
- Kamatchi v. Lakshmi: the Court held that a woman who lived in a domestic relationship can still file under PWDVA even if she left the shared household before filing. Leaving an abusive home does not cut off legal help.
Common mistakes to avoid
- Delaying action gives the abuser time to hide assets or intimidate witnesses.
- Relying only on informal promises always get orders in writing from court.
- Not keeping proof courts need documents and witnesses for money and residence relief.
- Ignoring Protection Officers and NGOs they do practical work and can move things fast.
Quick FAQs
1. Can a woman get help if she is not married?
Ans: Yes. PWDVA covers women in live‑in relationships and relatives living together.
2. Can NRIs file complaints?
Ans: Yes. NRIs can use a POA or Protection Officer to file under PWDVA and can instruct a lawyer to file FIRs locally.
3. Will reporting always lead to criminal charges?
Ans: No. PWDVA is civil. For criminal charges, file an FIR. Police will decide whether to register offences based on evidence.
4. How fast can courts act?
Ans: Magistrates are expected to hear the first PWDVA application quickly; interim orders can come in days when danger is clear.
5. What does BNS change?
Ans: BNS recasts criminal law language. Until the final text appears in the Gazette, PWDVA and existing criminal provisions stay in force.
6. Can men seek help?
Ans: Men cannot use PWDVA but can file criminal complaints and civil suits for protection and maintenance under other laws.
7. What reliefs are available under PWDVA?
Ans: Protection, residence, monetary relief, custody and compensation for harm.
How communities and employers can help
Friends, neighbors, schools, employers and colleges can make a simple difference: notice signs, listen without judgment, direct victims to Protection Officers, NGOs or legal aid. Employers should have clear policies for employees whose families face violence and offer time off for legal or medical emergencies.
Outlook
Legal tools are already strong: PWDVA gives fast civil relief and criminal laws punish violent acts. The BNS may change criminal wording, but the practical steps for protection stay the same. Expect more digital access (e‑filing, online hearings), better cooperation between Protection Officers and police, and wider recognition of economic and cyber abuse. The main advice is simple: act early, save evidence, and get trusted legal help.
About LawCrust Legal Consulting
LawCrust Legal Consulting, a part of LawCrust Global Consulting Ltd., stands as one of India’s trusted names in legal and consulting services. Our team works across a wide range of areas to support both businesses and individuals.
We offer services such as litigation finance, legal protection, litigation management, startup support, fundraising guidance, hybrid consulting, mergers and acquisitions, insolvency & bankruptcy, and debt restructuring.
We also help people with matrimonial matters, property disputes, criminal cases, civil issues, immigration concerns, NRI legal support, society matters, and estate planning. Along with this, we provide ALSP and LPO services to clients in India and overseas.
Our network includes more than fifty offices across India and a team of over seventy specialised lawyers. This helps us offer steady and reliable support for many legal needs.
You can also use our legal app to connect with lawyers quickly. It is one of the most helpful legal apps available, so feel free to download it.
LawCrust Groups also includes several companies such as LawCrust Realty, LawCrust Ventures, LawCrust Hybrid Consulting, Gensact, LawCrust Foundation, and LawCrust Consumer Products.
Need Legal Help? Contact Us
You can reach us anytime for expert legal support.