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Domestic Violence : Meaning, Types, Legal Procedure and Punishments

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Domestic Violence is a form of abuse or violence that occurs within an intimate relationship. It can include physical, sexual, emotional, or psychological abuse. Domestic violence is a serious offence and is punishable by law. Even after so many years of independence, women have not been able to get freedom from this domestic violence. As per the statistics, approximately 39% of the women mainly between the ages of 19 to 49, experienced domestic violence.

However, taking strict action against violence is crucial because it has devastating results on victims including emotional trauma, physical harm and more. “Litem Legalis” knows the complexities of Domestic Violence and fights for justice, connect with us and get expert legal advice. In this article, we will go through a comprehensive understanding of Domestic violence, its types, legal procedure for filing a complaint and the punishment for those found guilty of violence and harassment against women.

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Basic comprehension of Domestic Violence

Here is a detailed summary of domestic violence as defined under Section 498A of the IPC:

Offence Domestic Violence
Definition a way of controlling or gaining power over an intimate partner in any relationship.
Governed Act Domestic Violence Act, 2005
Nature of Offence Non-Cognizable
Offence Type
  1. Physical Abuse
  2. Sexual Harassment
  3. Verbal Abuse
  4. Emotional Abuse
  5. Financial Abuse
Triable Magistrate

What is Domestic Violence?

According to Section 3 of the Domestic Violence Act, 2005, Domestic Violence is defined as any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it–

  • (a)  harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
  • (b)  harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
  • (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
  • (d)   otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

Case Filing Procedure against Domestic Violence

The complete procedure for filing a complaint against domestic violence is mentioned below:

Step 1: Filing a Complaint

If any woman suffers any kind of domestic violence, she must raise her voice against it. At the very initial stage, an aggrieved or other person (on behalf of an aggrieved person) can file a complaint at the nearest police station or they can also get help from the women's cell.

At the police station, they will take a formal statement and evidence (if have) of the complaint. This complaint report is essential for taking any legal action against the guilty.

Step 2: Seek Legal Guidance

The legal procedure of case filing can be complex, therefore the aggrieved person has to seek legal guidance. Contact “Litem Legalis” for expert advice. Our lawyers with years of expertise in Domestic Violence cases, will provide comprehensive legal support. Our expert lawyer will help you compile all the essential documents and proofs/evidence to create a strong case. This document or evidence includes witness statements, medical reports or other relevant material.

Step 3: Court Proceeding

Our lawyer will file a complaint or petition in the appropriate court under the relevant law. After receiving the complaint or application, the court will issue a notice to the complainant and respondents for an appearance at the court.

Step 4: Hearing

Here, the court will provide equal opportunity of argument to both parties. The judge will hear and examine both side's arguments, and evidence, listen to testimonies and questions and review them thoroughly. Our lawyer will guide you on how to respond to the cross-examination via court procedure.

If the case is still pending, the judge can order protection, custody, and support while the case is being handled. The purpose of these orders is to protect the victim and any children involved.

Step 5: Judgement

The judge will issue a final ruling after considering all the evidence, which may include a permanent restraining order, custody arrangements, financial support, and other legal protections. The court's decision is legally binding, and law enforcement will enforce it. It is possible for either party to appeal the judgement to a higher court, following specific legal grounds and timelines.

Penalties and Punishments for Domestic Violence

India's Domestic Violence Act, 2005 sets several penalties and punishment for domestic abuse, all aimed at protecting the victim and holding the abuser liable. A protection order may be issued to prevent further abuse, while a residence order ensures a victim's housing.

A violation of these orders can result in imprisonment for up to one year or a fine of up to 20,000, or both. Repeated offences can result in more severe penalties, emphasising the Act’s commitment to preventing domestic violence and safeguarding victims.

Why is filing a complaint Important?

Complaint filing against domestic violence is essential for several reasons:

  • 1. Taking action against domestic violence helps to provide legal protection to victims through a legal measure that prevents further abuse.

  • 2. Filing a complaint often connects victims with essential support services, including shelters, counselling, and financial assistance, which are critical for recovery and safety.

  • 3. The documentation of violent incidents can be used in court, in custody disputes, and to get protection orders if it is officially recorded.

  • 4. By reporting domestic violence, you raise awareness about the issue, encourage other victims to report their experiences and contribute to broader societal efforts to prevent and address domestic violence.

  • 5. Taking legal action can empower victims, helping them break free of the cycle of abuse and regain control of their lives.

How can Litem Legalis Help you?

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Conclusion

Domestic violence is a serious issue that impacts many people from diverse social, economic, and cultural origins as well as particular families. Understanding and dealing with this prevalent issue requires an understanding of its various forms, including physical, emotional, sexual, economic, and digital. There are a number of important processes involved in the legal process for reporting abuse, receiving legal protection, and pursuing judicial action in order to file a complaint and seek justice. Laws such as the Domestic Violence Act of 2005 provide a route to safety and justice while also protecting victims by holding abusers accountable. We can endeavour to create a society in which domestic abuse is neither accepted nor disregarded by raising awareness, offering assistance, and implementing stringent legal measures.

Frequently Asked Questions

The Indian Parliament passed the Protection of Women from Domestic Violence Act 2005 with the intention of shielding women from domestic abuse. The law becomes operative on October 26, 2006.

As per section 498A of the Indian Penal Code, cruelty towards a married woman by her husband or his relatives is punishable by imprisonment and fines.

Yes, domestic violence is a crime. It is illegal in many jurisdictions and includes a range of abuse types, such as sexual, emotional, physical, and financial abuse.

Under the general law, territorial jurisdiction is determined based on the following: Depending on the particular laws of the jurisdiction and the seriousness of the case, domestic violence can be either a bailable or non-bailable offence.