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Family & women · LEGAL ISSUE GUIDE

Domestic Violence

घरेलू हिंसा

Domestic violence may lead to protection, residence, monetary and custody-related reliefs; criminal provisions may also apply if separate elements are present.

Understanding this legal issue

Domestic violence may lead to protection, residence, monetary and custody-related reliefs; criminal provisions may also apply if separate elements are present.

The DV Act is principally a protective civil-relief framework with penal consequences for breach of protection orders. Section 85 BNS requires proof of its specific ingredients and is not automatically attracted in every domestic dispute.

Key question: Which DV Act relief is appropriate: protection, residence or monetary relief?
SELECTED PROVISIONS · NOT AN EXHAUSTIVE LIST

Protection & remedies

DV Act 3

Definition of domestic violence

Describes covered forms of domestic violence, including specified abuse.

Official law source ↗
DV Act 12

Application to Magistrate

Route for seeking one or more reliefs before the Magistrate.

Official law source ↗
DV Act 17

Right to reside in a shared household

Addresses the statutory right of residence in a shared household.

Official law source ↗
DV Act 20

Monetary reliefs

Provides for specified monetary reliefs linked to domestic violence.

Official law source ↗
DV Act 22

Compensation orders

Provides compensation and damages under specified circumstances.

Official law source ↗
DV Act 23

Interim and ex parte orders

Enables interim and ex parte relief in appropriate cases.

Official law source ↗

Related offences

BNS 85

Husband or relative of husband subjecting woman to cruelty

Penal provision concerning cruelty by husband or his relatives.

Earlier-law reference: IPC 498A · orientation only
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BNS 86

Cruelty — explanation for section 85

Defines cruelty for purposes of the preceding section.

Earlier-law reference: IPC 498A explanation · orientation only
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BNS 115(2)

Punishment for voluntarily causing hurt

Punishment provision for voluntarily causing hurt.

Earlier-law reference: IPC 323 · orientation only
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BNS 351

Criminal intimidation

Addresses threats constituting criminal intimidation and its forms.

Earlier-law reference: IPC 503 / 506 · orientation only
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Procedure & rights

DV Act 31

Penalty for breach of protection order

Provides penal consequences for breach of a protection order.

Official law source ↗
BNSS 144

Order for maintenance of wives, children and parents

Magisterial maintenance procedure with eligibility and related provisions.

Earlier-law reference: CrPC 125 · orientation only
Official law source ↗
Article 21

Protection of life and personal liberty

Protects life and personal liberty, subject to procedure established by law and constitutional interpretation.

Official law source ↗
Before relying on these references: Read the full official law, check sub-sections, schedules, exemptions, dates, special Acts, transition rules and current judicial interpretation. Mentioning a section here does not mean it applies to every fact pattern.