Updated on March 22, 2025 09:20:42 AM
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.
Here is a detailed summary of domestic violence as defined under Section 498A of the IPC:
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a way of controlling or gaining power over an intimate partner in any relationship. |
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Domestic Violence Act, 2005 |
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Non-Cognizable |
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Magistrate |
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–
The complete procedure for filing a complaint against domestic violence is mentioned below:
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.
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.
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.
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.
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.
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.
Complaint filing against domestic violence is essential for several reasons:
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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.
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.
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