Domestic Violence

What is Domestic Violence?

A married woman is the victim of domestic violence if:

• She is subject to cruelty.
• Physical cruelty
• Mental cruelty
• Likely to cause her commit suicide
• Likely to cause grave injury to her whether physical or mental, or
• With a view to forcing her or any of her relatives to meet any demand for property or valuable security, or because of failure by her or any of her relatives to meet any such demand.
• By her husband or in-laws
• Beating, repeated physical abuse
• Verbal abuse and humiliation
• Constant denial of food
• Constantly locking the woman out of the house or in the house
• Denying the woman access to her children
• Repeatedly abusing the children in the presence of their mother
• Constantly denying the paternity of the children with the intention of causing mental pain to the woman
• Insisting on perverse sexual conduct
• Accusations of adultery
• Constant nagging
• Constant demands for dowry

Punishment

Imprisonment upto 3 years +fine. Domestic Violence under 498A of the IPC is cognizable, non-bailable and non-compoundable (only the high court can permit compounding of this offence under it’s inherent powers.)

Triable by:

Metropolitan Magistrate/ Judicial Magistrate First class

Who can file a complaint?

• The FIR can be filed at the police station by the victim herself, or by any person related to her by blood, marriage or adoption.
• A private complaint can be filed in court by the victim herself, or by any person related to her by blood, marriage or adoption.
• Any other person can also give the information about the offence to the police. The police will then inquire into the truth of the allegations made, and may file a report before the magistrate.

What has to be proved in a case of Domestic Violence?

• That the abuser is the husband of the woman, or his relative.
• That the abuser is treating or has treated the woman with cruelty. To prove this, the woman can produce:
• A medical certificate from a doctor/hospital.
• Photographs of the physical injuries
• Earlier complaints registered by her at the police station (whether N.C.s or F.I.Rs)
• Letters written by her to her relatives/friends about the cruelty
• Evidence of her relatives/friends/any other person who knew about/ was a witness to the cruelty.

Note:

If hurt is caused to the woman, a case of causing hurt or grievous hurt can also be registered under section 324 or 326 of the I.P.C. respectively, depending on the gravity of the offence. If the woman is kept locked in her house, a case of wrongful confinement can also be registered under the section 342 of the I.P.C. If the woman is prevented from going out of her house, the case of wrongful restraint can also be registered under the section 341 of the I.P.C. the cases cab be registered under these sections in addition to section 498A of the I.P.C.