How do I Report Domestic Violence in India: A Clear Guide by LawCrust
Domestic violence shatters trust, safety, and futures. If you or someone you care about faces abuse, you have rights and options. This guide explains how to report domestic violence in India in simple steps, using plain words, and with practical tips you can use right away. It mixes important legal rules like the Protection of Women from Domestic Violence Act, 2005 (PWDVA) and the new Bharatiya Nyaya Sanhita (BNS) so you get both civil and criminal routes to safety.
What counts as domestic violence?
Domestic violence is any harmful act that happens inside a home or shared household. The law covers many kinds of hurt:
- Physical abuse: Hitting, pushing, burning, or any act that causes bodily harm.
- Sexual abuse: Forced sexual acts, harassment, or any act that violates dignity.
- Emotional and verbal abuse: Insults, threats, humiliation, name-calling, isolation from friends or family.
- Economic abuse: Stopping you from working, taking your money, not paying for basic needs, or destroying property.
The PWDVA focuses on civil reliefs for women in domestic relationships. Criminal acts like assault, grievous hurt, and sexual offenses are handled by criminal law, which now includes the BNS. Both laws can work together when you report violence.
Why reporting matters
Reporting stops the abuse, gives you legal protection, and helps you rebuild. It also tells society that violence will not be ignored. You don’t have to face this alone there are police, Protection Officers, courts, NGOs, and legal aid to help.
Key laws and official sources
- Protection of Women from Domestic Violence Act, 2005 (PWDVA) gives protection orders, residence orders, monetary relief, custody, and compensation.
- Bharatiya Nyaya Sanhita (BNS) the new criminal law framework that replaces parts of the old IPC and covers crimes like assault and cruelty.
- Code of Criminal Procedure (CrPC) how to file an FIR, arrest and investigation rules.
- Legal Services Authorities Act, 1987 free legal aid through District Legal Services Authorities.
Always check official sites like the Ministry of Home Affairs, Ministry of Women and Child Development, and state police portals for the latest rules and notifications.
Where to go when you need to report
- Local police station: File an FIR for criminal acts. Police must register cognizable complaints and give you a copy of the FIR.
- Mahila (Women’s) Police Station: Many cities have women-only stations with female officers for safer handling.
- Protection Officer: Appointed under PWDVA to help you prepare a Domestic Incident Report (DIR), get shelter, and file applications before the Magistrate.
- Magistrate or Family Court: File applications under PWDVA for protection, residence, or monetary relief.
- National/State Women’s Commissions and NGOs: They can take complaints, help with shelter, counselling, and legal support.
- Online portals: Some state police let you register complaints online if you can’t safely visit a station.
Step-by-step: How to report domestic violence in India
Follow these steps to act safely and strongly.
1. Put safety first
- Move to a safe place if you can friend, relative, or shelter home.
- If you are in immediate danger, call emergency numbers like 112 right away.
- Keep a small emergency bag with ID, phone charger, cash, important papers, and any medicine.
2. Contact helplines, Protection Officer or an NGO
- National Commission for Women (NCW)
- Women’s Helpline and Childline
- Protection Officers and local NGOs can arrange safe shelter, medical help, and assist with filing cases.
3. Collect and save evidence
- Take photos of injuries and damaged property.
- Get medical records and a medico-legal certificate (MLC) as soon as possible.
- Save messages, emails, screenshots, call logs, and financial documents.
- Note dates, times, places, and any witnesses.
4. File the complaint
- For criminal acts, file an FIR at the nearest police station. If police refuse to register, ask for that refusal in writing and approach the Superintendent of Police, the Magistrate, or High Court.
- Under PWDVA, file an application before the Magistrate for protection, residence, or monetary relief. Protection Officers and NGOs can help prepare the Domestic Incident Report (DIR).
- Ask for a copy of every document you file and keep records of case numbers and dates.
5. Seek legal help
- Use District Legal Services Authority (DLSA) for free legal aid if you meet their criteria.
- Get a lawyer who understands PWDVA and criminal law under BNS for strong representation.
- LawCrust Legal Consulting and similar legal services can support court filings, applications, and follow-up.
What reliefs can the court grant?
- Protection orders: Stop the abuser from contacting or approaching you.
- Residence orders: Secure the right to live in the shared household or get alternative accommodation.
- Monetary relief: For medical costs, loss of earnings, and living expenses.
- Custody and visitation: Temporary orders for children’s safety and welfare.
- Compensation: For physical and mental harm caused by the abuse.
Evidence that helps the case
- Medical and MLC reports, photographs, police FIR and updates.
- Messages, emails, call logs, and social media posts showing threats or abuse.
- Financial records showing control or denial of funds.
- Witness statements from neighbours, relatives, or friends.
- NGO or shelter records if you stay in a safe home.
How the Bharatiya Nyaya Sanhita (BNS) matters
The BNS reworks many criminal laws so crimes like assault, cruelty, and sexual offenses now appear under its sections. Practically, this means police and prosecutors will use BNS charges for criminal acts. The PWDVA remains the main civil law for protection orders. Both can work together: one keeps you safe quickly, the other punishes or prosecutes wrongdoing.
What to do if police refuse to act
If police refuse to register an FIR:
- Ask for the refusal in writing.
- Approach the Superintendent of Police or the Magistrate for directions.
- File a complaint with State Human Rights Commissions, National Women’s Commission, or approach the High Court by writ petition if needed.
- Contact a lawyer or Protection Officer immediately for legal steps.
Practical tips for survivors and supporters
- Do not delete evidence backup messages and screenshots to a safe place.
- Get medical attention immediately and ask for an MLC.
- Keep copies of all FIRs, court orders, and legal papers.
- Use free legal aid if you cannot afford a lawyer.
- Employers, schools, and landlords should keep policies for referrals, confidentiality, and leave for survivors.
FAQs
1. Can men report domestic violence?
Ans: Yes. Criminal acts can be reported by anyone. PWDVA offers civil relief mainly for women, but criminal laws under BNS protect all victims.
2. Can I file online?
Ans: Some states allow online complaints through police portals. For immediate help or visit the police station.
3. Will I get shelter automatically?
Ans: Not automatically. Protection Officers, police, and NGOs coordinate shelter homes ask them to arrange one.
4. Can in-laws be charged?
Ans: Yes. PWDVA covers anyone in a shared household and criminal law prosecutes those who commit offenses.
5. Is free legal help available?
Ans: Yes. Contact your District Legal Services Authority for eligibility and help.
6. What if the abuser is a foreign national or I am an NRI?
Ans: Contact consular services, seek local legal help, and use NRI legal services available through firms like LawCrust.
Outlook
Reporting domestic violence is hard but it can protect you and change your life. The PWDVA gives quick civil reliefs while the BNS strengthens criminal accountability. Early action, good evidence, and the right help Protection Officers, police, NGOs, and lawyers make a big difference. Communities and workplaces must support survivors and stand against violence.
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