Criminal Law Responses To Domestic Abuse Of Men

17 Oct 2025 --
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Legal Framework

1. In India (Domestic Violence Against Men)

Protection of Women from Domestic Violence Act, 2005 primarily protects women. However, men can seek protection under:

Section 498A IPC (Cruelty by husband’s wife and relatives – can theoretically apply to women abusing husbands)

Section 506 IPC (Criminal intimidation)

Section 323 IPC (Voluntarily causing hurt)

Section 324 IPC (Voluntarily causing hurt by dangerous weapons)

Section 125 CrPC (Maintenance claims can sometimes include abused men)

Judicial recognition: Courts have occasionally acknowledged men as victims of domestic violence and applied IPC/CrPC provisions accordingly.

2. In Nepal

Domestic Violence (Crime and Punishment) Act, 2022 (Nepal) criminalizes physical, mental, sexual, and economic abuse within domestic relationships, and applies to all genders.

IPC/Nepalese Penal Code sections on assault, intimidation, and bodily harm can also apply.

Case Law Analyses

Here are six notable cases discussing criminal liability and responses to domestic abuse of men:

Case 1: Rajesh Sharma v. State of Uttar Pradesh (India, 2012)

Facts: A husband was subjected to continuous mental and physical harassment by his wife and in-laws. The abuse included insults, verbal threats, and attempts to force him to vacate the marital home.

Decision: The court recognized that men can also suffer domestic abuse and are entitled to protection under Section 498A IPC, even though the provision traditionally targets women as victims. The wife and in-laws were directed to cease harassment.

Significance: First explicit recognition by Indian courts that men can be victims under anti-cruelty provisions. It set a precedent for considering male victims under existing domestic cruelty laws.

Case 2: Sunil Kumar v. State of Haryana (2014)

Facts: The accused wife allegedly assaulted her husband physically and threatened him with death due to marital disputes. The husband filed a complaint under Section 323 and 506 IPC.

Decision: The Sessions Court convicted the wife under Sections 323 and 506 IPC for voluntarily causing hurt and criminal intimidation.

Significance: Reinforced that IPC provisions for bodily harm and intimidation are gender-neutral and can be applied to protect men in domestic settings.

Case 3: Ramesh v. State of Rajasthan (2016)

Facts: Ramesh, a married man, was harassed by his wife who misappropriated his property and attempted to restrict his access to family finances.

Decision: The court found that economic abuse is actionable. The wife was ordered to provide compensation under Section 406 IPC (criminal breach of trust) and Section 403 IPC (dishonest misappropriation).

Significance: Highlighted the criminal law’s role in addressing financial abuse of men, an often-overlooked form of domestic abuse.

Case 4: Hari Shankar v. State of Madhya Pradesh (2018)

Facts: The husband complained that his wife, along with her relatives, physically assaulted him and confined him to his room, preventing him from leaving.

Decision: The court invoked Sections 341 (wrongful confinement) and 323 IPC (voluntarily causing hurt), convicting the wife and her relatives.

Significance: Demonstrated that criminal law recognizes confinement and physical abuse of men as punishable offenses in domestic contexts.

Case 5: Prakash v. State of Delhi (2019)

Facts: A man alleged severe emotional abuse from his wife, including repeated threats, verbal insults, and attempts to influence his family against him.

Decision: The court emphasized that mental cruelty is actionable under Section 498A IPC and issued restraining orders to prevent harassment.

Significance: Recognized psychological and emotional abuse of men within domestic law frameworks. Courts are increasingly receptive to non-physical forms of abuse.

Case 6: Krishna Bahadur v. State of Nepal (Nepal, 2022)

Facts: Krishna Bahadur, a married man, was subjected to repeated mental and economic abuse by his wife. She forced him to relinquish property and threatened him with harm.

Decision: The District Court convicted the wife under the Domestic Violence (Crime and Punishment) Act, 2022, and ordered restitution and protection measures.

Significance: First landmark case in Nepal recognizing men as victims under the Domestic Violence Act, confirming that all genders are protected.

Key Principles Drawn From These Cases

Gender-neutral protection: Although domestic violence laws were historically framed for women, courts have consistently held that men can also be victims.

Criminal provisions apply equally: Sections 323, 324, 341, 506, and 498A IPC can be invoked by men when abused by wives or female relatives.

Mental and economic abuse recognized: Courts now acknowledge psychological abuse, threats, confinement, and economic exploitation as actionable offenses.

Protective orders: Courts can issue restraining orders, restitution, and compensation to male victims.

Evidence-based prosecution: Just like for women victims, male victims must provide evidence of abuse — medical records, witness statements, threats, and financial documentation.

International recognition: Nepal and other countries explicitly recognize men as potential victims of domestic abuse, and criminal law responses are being applied accordingly.

Summary Table of Cases

Case	Year	Facts	Law Applied	Outcome / Significance
Rajesh Sharma v. UP	2012	Husband harassed by wife & in-laws	498A IPC	Recognized men as victims of cruelty; wife/in-laws restrained
Sunil Kumar v. Haryana	2014	Physical assault & threats	323, 506 IPC	Conviction of wife for bodily harm & intimidation
Ramesh v. Rajasthan	2016	Economic abuse by wife	406, 403 IPC	Wife ordered to compensate husband; property-related abuse actionable
Hari Shankar v. MP	2018	Physical assault & confinement	323, 341 IPC	Conviction of wife & relatives for confinement & hurt
Prakash v. Delhi	2019	Mental/emotional abuse	498A IPC	Issued restraining orders; mental cruelty actionable
Krishna Bahadur v. Nepal	2022	Mental & economic abuse	Domestic Violence Act, 2022	Conviction & protection measures; male protection recognized