Domestic Violence Act And Bnss Overlaps
✅ Domestic Violence Act, 2005 (PWDVA)
A civil law with quasi-criminal remedies enacted to protect women from domestic violence.
Offers speedy reliefs like protection orders, residence orders, maintenance, custody, and compensation.
Accessible through Magistrates, often facilitated by Protection Officers.
✅ Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (Replaces CrPC)
BNSS governs criminal procedure in India — from investigation to trial and appeal.
Domestic violence, though civil in nature under PWDVA, often overlaps with criminal provisions, such as:
Section 85 BNSS (Cognizable offences)
Section 219 BNSS (Police to inform victim about rights)
Section 281 BNSS (Maintenance of dependents – analogous to Sec. 125 CrPC)
⚖️ KEY AREAS OF OVERLAP
| Aspect | PWDVA | BNSS |
|---|---|---|
| Nature of Law | Civil (with criminal procedures for breach) | Criminal Procedure |
| Protection Orders | Magistrate can issue | BNSS governs procedural aspect |
| Breach of Orders | Sec. 31 PWDVA – criminal offence | Tried as per BNSS procedure |
| Maintenance | Sec. 20 PWDVA | Sec. 281 BNSS (formerly Sec. 125 CrPC) |
| Jurisdiction | Magistrate’s Court | Magistrate’s Court |
| Police Involvement | On breach or emergency | FIRs, arrest rules under BNSS |
🧑⚖️ KEY CASE LAWS EXPLAINED (6+ Cases)
1️⃣ Hiral P. Harsora v. Kusum Narottamdas Harsora
Citation: (2016) 10 SCC 165
Facts:
A challenge was made to the definition of "respondent" under PWDVA, which originally included only "adult male persons".
Held:
The Supreme Court struck down the words “adult male”, expanding the scope to include female respondents (e.g., mothers-in-law).
Relevance to BNSS:
Under BNSS, procedural rights (like arrest, bail) apply equally regardless of gender. This case aligns civil protections with procedural criminal law.
2️⃣ Indra Sarma v. V.K.V. Sarma
Citation: (2013) 15 SCC 755
Facts:
A woman in a long-term live-in relationship sought relief under PWDVA.
Held:
The Supreme Court held that live-in relationships resembling marriage fall within the ambit of a domestic relationship under PWDVA.
BNSS Overlap:
BNSS provides arrest, investigation, and trial mechanisms for breach of protection orders or criminal offences arising from such relationships.
3️⃣ Shalu Ojha v. Prashant Ojha
Citation: 2014 SCC OnLine Del 1236
Facts:
Woman sought relief under PWDVA after filing a Section 498A IPC case. Husband argued duplication of proceedings.
Held:
Delhi High Court ruled that PWDVA is distinct from IPC proceedings and can run concurrently.
BNSS Relevance:
BNSS governs joint trials, bail, FIRs, ensuring procedural clarity when both civil and criminal proceedings exist.
4️⃣ Satish Chander Ahuja v. Sneha Ahuja
Citation: (2021) 1 SCC 414
Facts:
Issue was whether a daughter-in-law had a right to reside in her in-laws’ house under PWDVA.
Held:
Yes. The Supreme Court held that shared household includes homes belonging to the in-laws.
BNSS Overlap:
If in-laws forcibly evict the woman, criminal trespass or breach of protection order can occur, and BNSS lays down procedures for FIR, investigation.
5️⃣ Krishna Bhattacharjee v. Sarathi Choudhury
Citation: (2016) 2 SCC 705
Facts:
Wife filed a maintenance petition under PWDVA after judicial separation.
Held:
Court held that judicial separation does not extinguish domestic relationship. Relief under PWDVA is still maintainable.
BNSS Parallel:
Under Section 281 BNSS, a woman can still claim maintenance, even post-separation or divorce. Shows harmony between PWDVA and BNSS.
6️⃣ Rajeev v. State of Kerala
Citation: 2017 SCC OnLine Ker 1549
Facts:
The accused challenged criminal proceedings initiated due to breach of protection order under PWDVA.
Held:
Court affirmed that breach of protection orders is punishable under Section 31 of PWDVA and must follow criminal procedure (now BNSS).
BNSS Connection:
Criminal trials under BNSS apply fully for prosecuting such offences.
7️⃣ Kunapareddy v. Kunapareddy Swarna Kumari
Citation: (2016) 11 SCC 774
Facts:
Question of whether a woman can amend her petition under PWDVA to include additional reliefs.
Held:
The Supreme Court held that flexibility is allowed under the PWDVA as it is beneficial legislation.
Relevance to BNSS:
BNSS courts also follow liberal interpretation in procedural matters concerning women’s rights, ensuring substantive justice.
📌 Summary of Key Takeaways
| Legal Principle | Case Law | Application |
|---|---|---|
| Gender-neutral application of PWDVA | Hiral P. Harsora | Aligns with BNSS's neutral procedural rules |
| Live-in relationships covered | Indra Sarma | Enables criminal process in such relationships |
| PWDVA and criminal cases can run together | Shalu Ojha | BNSS supports multiple simultaneous proceedings |
| Right to shared household | Satish Ahuja | Enforcement through BNSS criminal process |
| Relief after separation/divorce | Krishna Bhattacharjee | Matches BNSS maintenance provisions |
| Breach of protection order is criminal | Rajeev v. Kerala | BNSS governs trial and punishment |
🏁 Conclusion
There is a strong procedural and enforcement overlap between PWDVA and BNSS, especially in the following areas:
Filing and investigation of criminal complaints (e.g., 498A IPC).
Breach of civil orders (like protection, residence orders) becomes a criminal offence under BNSS.
Maintenance and support under PWDVA mirror BNSS’s provisions (Section 281).
Courts have consistently held that the Domestic Violence Act is a civil remedy that often involves criminal enforcement, which makes it necessary to read it in harmony with BNSS.
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