+91 9627064810 +91 9990503885 sales@diligencecertification.com

End-to-end certification and regulatory compliance for Indian and global markets.

View All Services
Get your products BIS certified to ensure compliance with Indian standards and build customer trust. We handle end-to-end certification, testing, and documentation for manufacturers,importers, and exporters.
Our expert guidance and support help you stay compliant and gain a competitive edge in the market — your satisfaction is our commitment
Our team simplifies the application process and provides tailored support to meet your EPR compliance requirements effectively.
Our expert guidance and complete support help you achieve LMPC Certification smoothly, giving your business a competitive edge and long-term credibility.
Our comprehensive support ensures smooth WPC compliance and gives your business a competitive edge while prioritizing your long-term success.
Global Approvals help your products meet international regulatory standards, allowing smooth entry into multiple global markets.
Our expert guidance and end-to-end support help you achieve TEC certification smoothly while gaining a competitive edge in the market.
With 25+ years of experience, we help you meet ARAI compliance smoothly and gain a competitive edge in the automotive market.
Struggling to secure BEE Certification in India? Our specialists make the process easy and help you boost customer trust through verified energy ratings.
ISO Certification guarantees your business meets global standards for quality, safety and efficiency.
Flying without proper registration or clearance can lead to fines, drone seizure, and legal action, making regulatory compliance essential for safe and lawful drone operations.
Our expert guidance ensures your steel imports meet Ministry of Steel and BIS standards, helping you stay compliant and streamline the approval process.
How to apply for BIS Certification in 5 Mins!

Apart from product certification, BIS is responsible for framing Indian Standards, conducting laboratory testing, and ensuring consumer protection.

Download Document Checklist
USEFUL LINKS
How to apply for ISI Certification in 5 Mins!

Some items must be certified before they get released mysteriously made for select goods like cables, switches, cement, gas cylinders, etc.

Download Document Checklist
USEFUL LINKS
CRS Certification- A Complete Guide for Electronic Product Compliance in India

It ensures electronic products conform to Indian Standards (IS).Covers 70+ products including laptops, phones, adapters, TVs, and batteries.

Download Document Checklist
USEFUL LINKS
Hallmarking Certification- Everything You Must Know About Gold and Silver Purity Compliance

Hallmarking Certification is mandatory in India for gold and silver jewellery.The BIS 916 Hallmark confirms 22K gold purity.Silver Hallmarking is compulsory for certain grades like BIS 925.

Download Document Checklist
USEFUL LINKS
FMCS Mark Certification- A Guide for Global Brands Selling in India

FMCS Mark Certification is a BIS-led approval process that enables foreign manufacturers to sell regulated products in the Indian market.

Download Document Checklist
USEFUL LINKS
ECO Mark Certification : Your Complete Guide to Global Eco-Labeling Standards

It helps manufacturers build trust and create a compliance framework. It also markets to eco-conscious consumers.This guide will detail eligibility, provide information on the application procedure, and outline benefits of certification to ISO 14024.

Download Document Checklist
USEFUL LINKS
Finding Laboratory Accreditation Tough? We Make It Simple!

It is governed by NABL under the Quality Council of India (QCI).Accreditation enhances trust among regulators, industries, and global partners.

Download Document Checklist
USEFUL LINKS
    We’re working on adding resources for the BIS certification service. Please check back soon.
World Manufacturer Identity (WMI) Registration

The World Manufacturer Identity (WMI) is a globally recognized code used to identify vehicle manufacturers. WMI registration ensures traceability, compliance, and global brand recognition for automotive makers.

Download Document Checklist
USEFUL LINKS
BIS Scheme X Certification - Process, Documentation and Fees Structure- Updated Guide 2025-2026

Stay ahead of regulatory changes with BIS Scheme X Certification. Now extended to September 1, 2026, under the omnibus technical regulation order 2024. Get complete certification support from Diligence Certification.

Download Document Checklist
USEFUL LINKS
Get your CDSCO registration

Get full assistance for CDSCO registration, medical device import licenses, and cosmetic import licenses with Diligence Certifications. Our expert guidance and comprehensive support ensure your compliance, helping you gain a competitive edge in the market. Your satisfaction is our commitment!

Download Document Checklist
USEFUL LINKS
Drug License

Diligence Certifications is a top-tier name in drug licensing and provides topmost service and knowledge support to all sizes of pharmaceutical companies. Our seasoned team understands the global regulations and has seen several success stories.

Download Document Checklist
USEFUL LINKS
Give Your Products cosmetic license

Having trouble securing Cosmetic License certification in India? Let our ISI certification experts assist you in achieving it and boosting your credibility!

Download Document Checklist
USEFUL LINKS
Give Your Medical device Registration

Get expert guidance on Medical Device Registration in India. Learn CDSCO approval process, documents, fees & compliance for manufacturers and importers.

Download Document Checklist
USEFUL LINKS
Obtain Your CPCB Certification Effortlessly………

Secure your CPCB Certification with ease and align your business with environmental regulations and sustainable practices. Our expert team streamlines the application process, offering tailored guidance to meet your unique EPR compliance requirements.

Download Document Checklist
USEFUL LINKS
Get battery waste Compliance Certification for Your Products

Need assistance in Battery Waste Certification? Our experts guide you through every step to ensure smooth and compliant processing.

Download Document Checklist
USEFUL LINKS
    We’re working on adding resources for the CPCB certification service. Please check back soon.
EPR Registration for E-Waste Certification

E-waste has become one of the most serious problems of the modern world, as technology is changing very fast. Discarded electronics items such as smartphones and refrigerators contain very toxic elements hazardous to human health and the environment if not treated properly.

Download Document Checklist
USEFUL LINKS
    We’re working on adding resources for the CPCB certification service. Please check back soon.
EPR for Tyre Waste – Tyre Waste Management Guide

Tyre wastage is an increasing global problem. It threatens to engulf the world in a sea of rubber with disastrous consequences for the environment and human health.

Download Document Checklist
USEFUL LINKS
    We’re working on adding resources for the CPCB certification service. Please check back soon.
Get Plastic waste Compliance Certification for Your Products

Diligence Certifications help businesses go a long way in environmental compliance matters through their management of plastic waste compliance. It rallies your commitment to reducing environmental impacts, increasing your recycling, driving circular economies and, hence, building credibility with consumers as citizens of a wider world contending against plastic pollution with angels and regulators.

Download Document Checklist
USEFUL LINKS
USEFUL LINKS
    We’re working on adding resources for the CPCB certification service. Please check back soon.
Get No Objection Certificate for Your Business

The No-Objection Certificate has special relevance for a business; from needing it while applying for a loan, selling property, or for an application to pursue higher education, there are multiple situations where one has to face the need for an NOC.

Download Document Checklist
USEFUL LINKS
Get Your LMPC Certification!

Get Full Assistance for Model Approval for Indian W&M Instruments and Importer Registration for Weight and Measurement Instruments with Diligence Certifications. We prioritize your success by providing expert guidance and comprehensive support for all your LMPC Certification needs, helping you gain a competitive edge in the market. Your satisfaction is our commitment, and we work tirelessly to ensure it, now and in the future.

Download Document Checklist
USEFUL LINKS
USEFUL LINKS
    We’re working on adding resources for the LMPC service. Please check back soon.
Get Your LMPC Import License Certification!

Diligence Certifications offers provision of LMPC Import License Certification under Legal Metrology Packaged Commodities rules with respect to process of importation of goods into India for compliance. Our proficiency ensures that your labeling and packaging for products meet the requirements for easy clearance of goods through customs. It certifies approval from the regulators, having legal backing and gaining confidence of consumers and authorities.

Download Document Checklist
USEFUL LINKS
    We’re working on adding resources for the LMPC service. Please check back soon.
Legal Metrology Certification for Weights and Measures

The legal metrology certification is gaining importance in today’s ever-changing context of business with emphasis on fair trade and consumer protection. There is a fresh perspective on maintaining the true measurement and weighing-related activities on account of the fact that with almost every passing day, market growth and transaction complications are assuming greater magnitude.

Download Document Checklist
USEFUL LINKS
    We’re working on adding resources for the LMPC service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the LMPC service. Please check back soon.
Get Your WPC Approval!

Get Full Assistance for Non-Network License, Network License, and Equipment Type Approval with Diligence Certifications. We prioritize your success by providing expert guidance and comprehensive support for all your WPC Approval needs, helping you gain a competitive edge in the market. Your satisfaction is our commitment, and we work tirelessly to ensure it, now and in the future.

Download Document Checklist
USEFUL LINKS
    We’re working on adding resources for the WPC Approval service. Please check back soon.
Get Your WPC Import License Certification!

The Diligence Certifications grant a fast track to the acquisition of WPC Import License, making the imports of communication devices 100% compliant with WPC Certification. Based on our experience and expertise, we ready you for the licensing processes in such a way that your product conforms with all technical standards and is safely usable within India. The certification would guarantee acceptance by regulators, therefore cultivating such trust with the authorities and end users.

Download Document Checklist
USEFUL LINKS
USEFUL LINKS
    We’re working on adding resources for the WPC Approval service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the WPC Approval service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the Global Approvals service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the Global Approvals service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the Global Approvals service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the Global Approvals service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the Global Approvals service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the Global Approvals service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the Global Approvals service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the Global Approvals service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the Global Approvals service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the Global Approvals service. Please check back soon.
USEFUL LINKS
USEFUL LINKS
    We’re working on adding resources for the ARAI service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the BEE service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the ISO Certification service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the ISO Certification service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the ISO Certification service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the ISO Certification service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the ISO Certification service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the ISO Certification service. Please check back soon.
USEFUL LINKS
    We’re working on adding resources for the ISO Certification service. Please check back soon.
USEFUL LINKS
USEFUL LINKS

End-to-end certification and regulatory compliance for Indian and global markets.

Register your business with ease and stay compliant with Indian regulations. We take care of end-to-end documentation, approvals, and legal formalities for startups, MSMEs, and enterprises.
USEFULL LINKS
USEFULL LINKS
USEFULL LINKS
    We’re working on adding resources for the Business Registration service. Please check back soon.
USEFULL LINKS
    We’re working on adding resources for the Business Registration service. Please check back soon.
USEFULL LINKS
USEFULL LINKS
USEFULL LINKS
    We’re working on adding resources for the Business Registration service. Please check back soon.
USEFULL LINKS
    We’re working on adding resources for the Business Registration service. Please check back soon.
USEFULL LINKS
    We’re working on adding resources for the Business Registration service. Please check back soon.
USEFULL LINKS
    We’re working on adding resources for the Business Registration service. Please check back soon.
USEFULL LINKS
    We’re working on adding resources for the Business Registration service. Please check back soon.
USEFULL LINKS
    We’re working on adding resources for the Business Registration service. Please check back soon.
USEFULL LINKS
    We’re working on adding resources for the Business Registration service. Please check back soon.
USEFULL LINKS
USEFULL LINKS
USEFULL LINKS
    We’re working on adding resources for the Business Registration service. Please check back soon.
USEFULL LINKS
    We’re working on adding resources for the Business Registration service. Please check back soon.

Domestic Violence in India: Types, Laws, Complaint Procedure & Legal Remedies

  • Law for Protection: The Domestic Violence Act, 2005 protects women from physical, sexual, emotional, and financial abuse.

  • Types of Abuse: Violence can be physical harm, sexual force, insults, threats, or stopping money and basic needs.

  • Who Can Complain: Wives, live-in partners, mothers, sisters, widows, and children under 18 can seek help.

  • How to File: Victims can complain to police, protection officer, court, or NGOs. Court must act fast (within 60 days).

  • Punishment: Breaking court orders can lead to jail up to 1 year or fine. Dowry and cruelty laws under IPC also apply.

WhatsApp
Call Now : +91-9990503885
Years Of Experience
0 +
Expert Employees
0 +
Trusted Brands
0 +
Projects done
0 +

What is an Asset Purchase Agreement?

Purpose and Importance of Asset Purchase Agreement

Disadvantages of Asset Purchase Agreement

Essential Clauses in Asset Purchase Agreement

Documents Required for Asset Purchase Agreement

Common Mistakes to Avoid in Asset Purchase Agreement

Legal Framework Governing Asset Purchase Agreement in India

Importance of Legal Assistance in Asset Purchase Agreement

Introduction

Meera’s marriage turned abusive over five years, escalating from verbal taunts to physical violence, economic deprivation, and daily humiliation, including dowry demands. Like many women in India, she suffered silently until learning her rights under the Domestic Violence Act, 2005. Domestic violence extends beyond physical harm, affecting mental, emotional, and economic well-being, and impacting children, elders, and society. Understanding domestic violence and legal remedies is crucial for breaking the cycle of abuse and empowering victims to seek justice.

What Is Domestic Violence?

Domestic violence under Indian law is defined comprehensively in the Protection of Women from Domestic Violence Act, 2005. This landmark legislation recognizes that abuse within intimate relationships takes multiple forms and requires specialized legal intervention beyond general criminal provisions.

The Act defines domestic violence as any act, omission, commission, or conduct that harms, injures, or endangers the health, safety, life, limb, or well-being (physical or mental) of the aggrieved person. It also includes harassment for the purpose of coercing the victim or any related person to meet unlawful demands for dowry or other property.

Types of domestic violence recognized under Section 3 of the Act include:

Physical Abuse: Any act causing bodily pain, harm, or danger to life, limb, or health. This encompasses hitting, slapping, pushing, kicking, burning, choking, or any physical assault. It also includes intimidation through physical force or threats of physical violence.

Sexual Abuse: Any conduct of a sexual nature that abuses, humiliates, degrades, or violates the dignity of women. This includes forced sexual acts, marital rape (though not explicitly criminalized separately in India), demanding sexual acts as a form of humiliation, or making demeaning remarks about the victim’s sexuality.

Verbal and Emotional Abuse: Insults, ridicule, humiliation, name-calling, and accusations designed to lower self-esteem and maintain control. This includes constant criticism, public humiliation, threats of harm to the victim or loved ones, monitoring and controlling behavior, isolation from family and friends, and emotional manipulation.

Economic Abuse: Deprivation of all or any economic or financial resources to which the victim is entitled under law or custom. This includes withholding money for household expenses, preventing the victim from working or earning income, taking control of the victim’s salary or assets, and denying access to basic necessities.

It’s crucial to understand the difference between the Domestic Violence Act, 2005, and Section 498A of the Indian Penal Code (IPC). While Section 498A specifically addresses cruelty by a husband or his relatives demanding dowry or causing mental or physical torture, the Domestic Violence Act provides broader civil remedies including protection orders, residence rights, monetary relief, and custody orders. Victims can pursue both remedies simultaneously.

“Domestic violence is a pattern of control, not just an isolated incident. It’s about power, dominance, and systematic oppression within intimate relationships.”

The recognition that domestic violence encompasses far more than physical assault represents a significant evolution in Indian jurisprudence, acknowledging the complex dynamics of intimate partner abuse and providing victims with comprehensive legal protection.

Beneficiaries Under the Act

Understanding who can seek protection under the Domestic Violence Act 2005 is essential for victims to assert their rights. The Act adopts an inclusive approach, recognizing the diverse forms of domestic relationships in contemporary India.

  • Women in Marital Relationships: Includes wives in valid, voidable, or void marriages, regardless of registration or personal law.
  • Women in Live-in Relationships: Covers partners in relationships “in the nature of marriage” with shared household and responsibilities.
  • Women in Fraudulent or Bigamous Marriages: Protects women who entered such marriages in good faith.
  • Sisters, Widows, Mothers, and Other Female Relatives: Any female relative residing or having resided in a shared household with the respondent.
  • Children Below 18 Years: Recognized as aggrieved if they witness or are affected by domestic violence.
  • Shared Household Definition: Extends to nuclear, joint, or extended families, even if the woman does not own the residence.

The residence need not be owned by the woman; even temporary or periodic residence in a household where abuse occurs qualifies for protection.

Types of Domestic Violence Against Women

Physical Abuse: Includes hitting, slapping, punching, kicking, biting, hair-pulling, burning, stabbing, or any assault causing harm. It also covers intimidation, property destruction, restraining movement, or blocking exits. Even pushing, shoving, or threats of physical harm are recognized as abuse.
Sexual Abuse: Covers any sexual conduct that humiliates, degrades, or violates dignity, including forced sexual acts, coerced marital relations, unwanted touching, pornography-related abuse, demeaning remarks, or using sex to control/punish. Consent within marriage is not perpetual, and forced sexual activity constitutes serious abuse under the Act.

Verbal and Emotional Abuse – Invisible Wounds
 Recognized under Section 3 of the Domestic Violence Act, verbal and emotional abuse can be as damaging as physical harm. It includes:

  • Constant criticism, insults, humiliation, name-calling, mocking
  • Threats of harm to the victim or loved ones
  • Accusations, blame, and gaslighting
  • Isolation from family/friends and controlling behavior
  • Silent treatment or emotional withdrawal
  • Threats of divorce, abandonment, or child removal

This abuse often escalates gradually, causing long-term psychological effects like depression, anxiety, PTSD, and low self-esteem.

Economic Abuse – Financial Control
 Economic abuse involves restricting a victim’s access to financial resources, creating dependency. Examples include:

  • Withholding money for household needs, education, or medical care
  • Controlling salary, income, or assets
  • Preventing employment or sabotaging work
  • Accumulating debt or disposing of property without consent
  • Denying access to bank accounts or financial information
  • Using children’s expenses as leverage 

Economic abuse often overlaps with dowry harassment, which is punishable under the Dowry Prohibition Act, 1961.

Causes of Domestic Violence in India

Domestic violence in India arises from a complex interplay of sociological, psychological, cultural, and economic factors, though individual perpetrators are ultimately responsible for their actions.

  • Sociological and Behavioral Factors: Substance abuse, anger management issues, personality disorders, and exposure to violence in childhood can contribute to abusive behavior. Financial stress, unemployment, and economic instability may exacerbate tensions, but they do not justify violence. Many abusers use violence to assert control and dominance.
  • Historical and Patriarchal Mindset: Patriarchal norms that prioritize male authority and female subordination perpetuate domestic violence. Concepts of family honor, male superiority, and women as property encourage abusive behavior. Joint family systems can also enable abuse when in-laws participate or ignore it.
  • Cultural Factors: Preference for male children, dowry practices, and societal stigma against divorce or separation trap women in abusive relationships. Despite being illegal since 1961, dowry harassment remains a leading cause of domestic violence.
  • Institutional and Legal Gaps: Weak enforcement of laws, police reluctance to intervene, judicial delays, and normalization of emotional or verbal abuse hinder victims from seeking help. Limited economic opportunities and lack of support services, shelters, or counseling further isolate victims.

Procedure to File a Complaint

Domestic Violence Complaint Procedure under the Domestic Violence Act, 2005

The Domestic Violence Act, 2005, empowers victims to seek justice through multiple entry points, acknowledging the challenges they face.

Step 1: Initial Approach

Victims may approach:

  • Police: File criminal complaints under IPC provisions (e.g., Section 498A for cruelty, Section 323 for assault) alongside civil remedies.
  • Protection Officers: Appointed in each district to assist with filing complaints, legal guidance, medical documentation, and enforcement of protection orders.
  • Magistrate Court: Judicial Magistrates of the First Class with jurisdiction over the area of residence or incident.
  • Service Providers/NGOs: Recognized organizations can assist in filing complaints and accessing remedies.

Step 2: Filing the

Domestic Incident Report (DIR)
 The DIR can be oral or written and should include:

  • Details of the aggrieved person and respondent
  • Description of incidents, dates, and witnesses
  • Injuries or harm (medical reports if available)
  • Information about affected children
  • Relief sought (protection, residence, monetary, custody orders)

Section 4 protects complainants acting in good faith from legal action.

Step 3: Registration and Immediate Protection

Upon receipt, the Magistrate must:

  • Schedule the first hearing within three days
  • Issue notice to the respondent
  • Consider interim protection orders
  • Direct submission of the DIR if not already filed

Step 4: Interim Protection Orders

Interim orders under Section 23 may include:

  • Protection Order: Prevent further violence, restrict contact, or safeguard property
  • Residence Order: Ensure victim’s right to stay in the household or direct respondent to vacate
  • Monetary Relief: Immediate financial support for expenses
  • Custody Order: Temporary custody of children

Step 5: Investigation and Final Hearing

Protection Officers investigate, interview witnesses, and submit reports. Courts hear evidence, may direct counseling or mediation (with consent), and ensure due process.

Step 6: Final Orders

The Magistrate must dispose of the case within 60 days (Section 12). Orders can include permanent protection, compensation, residence rights, child custody, and return of belongings.

Alternative: Section 498A IPC

For cruelty or dowry-related offenses, victims may file criminal complaints under Section 498A IPC, a cognizable, non-bailable offense with imprisonment up to three years and a fine. These proceedings can run alongside civil remedies under the DV Act.

Domestic Violence Complaint Procedure under the Domestic Violence Act, 2005

The Domestic Violence Act, 2005, empowers victims to seek justice through multiple entry points, acknowledging the challenges they face.

Step 1: Initial Approach
 Victims may approach:

  • Police: File criminal complaints under IPC provisions (e.g., Section 498A for cruelty, Section 323 for assault) alongside civil remedies.
  • Protection Officers: Appointed in each district to assist with filing complaints, legal guidance, medical documentation, and enforcement of protection orders.
  • Magistrate Court: Judicial Magistrates of the First Class with jurisdiction over the area of residence or incident.
  • Service Providers/NGOs: Recognized organizations can assist in filing complaints and accessing remedies.

Step 2: Filing the Domestic Incident Report (DIR)

The DIR can be oral or written and should include:

  • Details of the aggrieved person and respondent
  • Description of incidents, dates, and witnesses
  • Injuries or harm (medical reports if available)
  • Information about affected children
  • Relief sought (protection, residence, monetary, custody orders)

Section 4 protects complainants acting in good faith from legal action.

Step 3: Registration and Immediate Protection
 Upon receipt, the Magistrate must:

  • Schedule the first hearing within three days
  • Issue notice to the respondent
  • Consider interim protection orders
  • Direct submission of the DIR if not already filed

Step 4: Interim Protection Orders
 Interim orders under Section 23 may include:

  • Protection Order: Prevent further violence, restrict contact, or safeguard property
  • Residence Order: Ensure victim’s right to stay in the household or direct respondent to vacate
  • Monetary Relief: Immediate financial support for expenses
  • Custody Order: Temporary custody of children

Step 5: Investigation and Final Hearing
 Protection Officers investigate, interview witnesses, and submit reports. Courts hear evidence, may direct counseling or mediation (with consent), and ensure due process.

Step 6: Final Orders
 The Magistrate must dispose of the case within 60 days (Section 12). Orders can include permanent protection, compensation, residence rights, child custody, and return of belongings.

Alternative: Section 498A IPC
 For cruelty or dowry-related offenses, victims may file criminal complaints under Section 498A IPC, a cognizable, non-bailable offense with imprisonment up to three years and a fine. These proceedings can run alongside civil remedies under the DV Act.

Penalty and Punishment for Domestic Violence

Punishments for Domestic Violence

Understanding the legal consequences of domestic violence emphasizes the seriousness of these offenses and the accountability of abusers.

Under the Domestic Violence Act, 2005:

  • Violating protection orders, residence orders, custody orders, or any order under the Act is a non-bailable offense (Section 31).
  • Punishment: Imprisonment up to 1 year, fine up to Rs. 20,000, or both.
  • Courts can issue arrest warrants for non-compliance. First-time violations may receive leniency if the respondent shows willingness to comply.

Under the Indian Penal Code (IPC):

  • Section 498A: Cruelty by husband/relatives – up to 3 years imprisonment + fine (cognizable, non-bailable).
  • Section 323: Causing hurt – up to 1 year imprisonment or fine or both.
  • Section 324: Hurt by dangerous weapons – up to 3 years imprisonment or fine or both.
  • Section 325: Causing grievous hurt – up to 7 years imprisonment + fine.
  • Section 326A: Acid attack – minimum 10 years to life imprisonment + fine.
  • Section 354: Assault/criminal force to outrage modesty – up to 2 years imprisonment or fine or both.
  • Section 504: Intentional insult provoking breach of peace – up to 2 years imprisonment or fine or both.
  • Section 506: Criminal intimidation – up to 2 years imprisonment or fine or both.

Under the Dowry Prohibition Act, 1961:

  • Dowry harassment/demands (Section 4) – imprisonment up to 2 years, fine up to Rs. 15,000.
  • Dowry deaths (Section 304B IPC) – imprisonment not less than 7 years, may extend to life.

Penalties for Protection Officers:

  • Failure to perform duties without reasonable cause (Section 32) – imprisonment up to 1 year, fine up to Rs. 20,000, or both.

Appeals and Legal Recourse

Victims or respondents dissatisfied with a Magistrate’s order can seek higher judicial review.

  • Filing Appeals: Under Section 29, appeals must be filed in the Court of Session within 30 days. The court reviews the legal validity, reasoning, and evidence of the Magistrate’s order. Interim orders or stays may be granted, but not if it endangers the victim.
  • Revision Petitions: If appeals are not possible or filed late, revision petitions can be submitted to the High Court under Section 397 CrPC to address jurisdictional errors or gross illegality.
  • Enforcement: Victims can approach the issuing Magistrate for enforcement assistance. Courts can direct police action against violators to ensure compliance.

How Domestic Violence Differs from Other Forms of Violence

Understanding Domestic Violence and General Violence

  • Pattern of Control: Domestic violence is an ongoing pattern of behavior which reveals power and control, whereas general violence can consist of isolated incidents. Domestic violence includes a cycle of tension, acute abuse and reconciliation, which makes leaving difficult.
  • Context of Intimate Relationship: Domestic violence occurs within an intimate relationship, therefore there is the presence of emotional bond, shared living/money and trust being broken in a relationship, which adds an emotional element resulting in psychological pain that cannot be undone in terms of the experience of domestic violence.
  • Multiple Forms of Abuse Together: In most cases, physical abuse does not occur in a vacuum, whereas emotional, verbal and economic abuse can affect emotional safety, mental health, finances and social life. 

Recognition of Verbal and Emotional Abuse: Unlike most general criminal law, the Domestic Violence Act recognizes that psychological and economic abuse can be just as serious, if not even more, than physical harm. Furthermore, recognizing early warning signs allows oneself the opportunity to intervene on its own behalf (in avoidance of violence).

Male Victims of Domestic Violence

Domestic Violence Against Men Legal Protection: As per the Domestic Violence Act, 2005, legal protection is exclusively for women and men cannot approach for relief under the Act. 

Available Remedies for Men: 

  • Personal Laws: It is possible to file for judicial separation or divorce on the grounds of cruelty under the Hindu Marriage Act, Special Marriage Act etc. 
  • Criminal Law: Complaints can be filed under the IPC provisions of assault, (Sections 323-326), criminal intimidation (Section 506), or wrongful confinement (Section 342) 

Gaps and Challenges:

  • No gender-neutral protection under the DV Act. 
  • Protection orders, residence rights, or support systems provide limited access to men. 
  • Social stigma and gender stereotypes often inhibit male victims from stopping the abuse.

Conclusion

In India, domestic violence occurs across all classes, religions, and geographic locations, and is therefore a significant violation of human rights. The Domestic Violence Act, 2005, in conjunction with certain provisions of the IPC and the Dowry Prohibition Act, ensures legal protection and relief to victims of domestic violence if they know their rights and can access remedies. 

With the help of protection officers, the police, magistrate courts, and established service providers, victims can initiate lawful remedies, including protection orders for safety, the establishment of residence rights, payment of monetary relief to the victim (for abuse and/or loss of earnings), custody orders and/or criminal prosecutions under Section 498A IPC for violence or cruelty. The protection orders address the immediate safety of the victim and the other remedies address victimization and long term security. Compliant service providers such as counseling, shelter and help lines, and rehabilitation services support victims’ recovery. 

Remedies regarding domestic violence require professional support to navigate the procedure, obtaining documentation, using evidence, and reporting to the magistrate/triable court. In many cases a timely legal consultation is critical in the lives of victims and the end of the abuse.

Diligence Certifications is an empathetic, confidential legal provider from complaint initiation to enforcement of court orders that support survivors of domestic violence in attaining safety and dignity, and their right to live without violence. Contact us for a confidential consultation today.

Contact Our Experts

Fast-Track Your Compliance with Diligence! Chat with us

Get a call back now

Our Related Services

Legal Notice

Divorce Notice

Public Interest Litigation

RERA Complaint

Legal Heir Certificate

Section 8 Demand Notice

Succession Certificate

Lease Agreement Drafting

Will Drafting

Mutual Divorce

Marriage Registration

Property Registration

Property Valuation

Property Verification

Lease Registration

Will Registration

Power of Attorney

Divorce Settlement Agreement

Hindu Marriage Act

Bail Application

Judicial Separation

Special Leave Petition

Consulting Agreements

Tenant Eviction

Civil Law

Quashing of FIR

Caveat Petition

Labour Law

Criminal Law

consumer Court

Vendor Agreement

License Agreement

Asset Purchase Agreement

Writ Petition

Domestic Violence

Defamation Law

Legal Notice For Non-Payment Dues

Online Dispute resolution

Reply to ITR Notice

Our allied partners

Frequently Asked Questions

Domestic violence means physical, emotional, sexual, or financial abuse at home.

 

Women, children, and sometimes elderly family members can be victims.

 

The Domestic Violence Act, 2005 protects women from abuse at home.

 

Physical harm, sexual abuse, verbal insults, threats, financial control, or denying basic needs.

 

Wives, live-in partners, mothers, sisters, widows, and children under 18.

 

To the police, Protection Officer, court, or NGOs working for women.

 

Courts must provide relief and protection within 60 days of the complaint.

 

Protection orders, residence rights, monetary relief, custody of children, or counseling.

 

They can face up to 1 year in jail or a fine under the law.

 

Yes, IPC sections on dowry and cruelty also protect victims.

Speak to a Certified Compliance Consultant – Free

24 x 7 Support

Free Consultation

Trusted by 200+ Global Clients

100+ service team