Prosecution Of Domestic Violence And Abuse
🔹 I. Introduction
Domestic violence refers to any physical, emotional, sexual, or economic abuse inflicted on a person by a family member or intimate partner. In India, domestic violence disproportionately affects women, though men can also be victims.
The law provides criminal liability, civil remedies, and protective measures for victims.
🔹 II. Legal Framework for Domestic Violence in India
1. Protection of Women from Domestic Violence Act, 2005 (PWDVA)
Definition: Domestic violence includes physical, sexual, verbal, emotional, or economic abuse by a partner, family member, or in-laws.
Reliefs available to the victim:
Protection orders (restraining the abuser)
Monetary relief (compensation, maintenance)
Custody orders for children
Residence orders (right to stay in shared household)
Penalties: Breach of protection orders can lead to imprisonment up to 1 year or fine, under Section 31 PWDVA.
2. Indian Penal Code (IPC)
Section 498A IPC – Husband or relatives subjecting a woman to cruelty (mental or physical) can be imprisoned for up to 3 years.
Section 304B IPC – Dowry death: If a woman dies under suspicious circumstances within 7 years of marriage due to harassment for dowry. Punishment: Life imprisonment.
Sections 323, 324, 325 IPC – Physical injury inflicted intentionally or voluntarily.
Section 506 IPC – Criminal intimidation.
3. CrPC Provisions
Section 125 CrPC – Maintenance for wives, children, or dependent parents.
Section 176(1) CrPC – Magistrate can direct investigation of domestic violence complaints.
🔹 III. Key Case Laws on Domestic Violence and Abuse
Here are six landmark cases that highlight prosecution and judicial interpretation:
1. Indira Jaising v. Supreme Court of India (1996)
Facts:
This was a PIL seeking better protection for women facing domestic abuse and marital cruelty.
Judgment:
Court recognized that cruelty by husband or in-laws is actionable under Section 498A IPC.
Directed that police cannot refuse registration of domestic violence complaints.
Significance:
Set a precedent for proactive state responsibility in prosecuting domestic abuse.
2. Savitri Devi v. State of Maharashtra (2001)
Facts:
The husband and in-laws subjected the woman to physical and mental harassment over dowry demands.
Judgment:
Conviction under Section 498A IPC.
Court emphasized that psychological abuse is equally actionable as physical violence.
Significance:
Highlighted that mental cruelty is recognized by law, not just bodily harm.
3. State of Karnataka v. Krishnappa (2004)
Facts:
A woman was beaten by her husband and father-in-law for refusing to give additional dowry. She later died due to injuries.
Judgment:
Convicted under Section 304B IPC (Dowry Death) and 498A IPC.
Court ruled that sustained harassment leading to death constitutes dowry death even if death was indirect.
Significance:
Illustrates prosecution for severe outcomes of domestic abuse.
4. Delhi Domestic Working Women’s Forum v. Union of India (1995)
Facts:
A PIL filed to ensure protection of women in households facing domestic violence and sexual harassment.
Judgment:
Court held that domestic violence is a human rights violation.
Directed government to create awareness and establish women’s helplines.
Significance:
Reinforced that domestic violence is not private but a social and legal concern.
5. Rajesh Sharma v. State of UP (2017)
Facts:
The wife complained that the husband was mentally harassing her, restricting her freedom, and threatening her life.
Judgment:
Court upheld protection under PWDVA, issuing a restraining order against the husband.
Court also noted that criminal prosecution under IPC can run parallel with civil remedies.
Significance:
Shows dual legal remedies: criminal prosecution and civil protection orders.
6. Reshma v. State of Gujarat (2018)
Facts:
The husband denied financial maintenance, harassed the wife, and prevented her from staying in the marital home.
Judgment:
Court directed Section 125 CrPC maintenance and PWDVA protection orders.
Conviction under 498A IPC for harassment.
Significance:
Demonstrates how economic abuse is prosecuted alongside physical and emotional abuse.
🔹 IV. Criminal Liability Analysis
| Form of Domestic Abuse | Relevant Law | Punishment | Key Points from Case Law |
|---|---|---|---|
| Physical Violence | Sections 323, 325 IPC | 1–7 years + fine | Punishable even without serious injury |
| Mental/Emotional Abuse | Section 498A IPC | Up to 3 years | Includes harassment for dowry, social isolation |
| Dowry-Related Death | Section 304B IPC | Life imprisonment | Applies if death occurs within 7 years of marriage |
| Economic Abuse | PWDVA, Section 125 CrPC | Compensation, maintenance | Courts recognize denial of maintenance as abuse |
| Threats & Intimidation | Section 506 IPC | Up to 2 years | Includes verbal threats of harm or coercion |
🔹 V. Key Observations from Case Law
Dual remedies: Victims can seek criminal prosecution and civil protection simultaneously.
Expanded definition of cruelty: Psychological, economic, and social harassment are recognized as domestic violence.
Dowry harassment is strictly punished: Death or injury linked to dowry demands leads to severe sentences.
State’s proactive role: Courts direct police to register complaints and ensure victim protection.
Urban vs Rural context: Enforcement may vary, but courts insist that law applies uniformly, and awareness programs are key in rural areas.
Domestic violence prosecution in India is a multi-faceted legal regime, combining IPC offences, civil remedies, and statutory protective measures. Courts increasingly recognize non-physical abuse and ensure swift relief and rehabilitation for victims.
RELATED Blog
comments