June 29, 2024

Domestic violence (also referred to as domestic abuse or family violence) is any form of violence or abuse that takes place within the home, whether in a marriage or during cohabitation. Domestic violence and intimate relationship violence are often used interchangeably. When one partner in a close relationship behaves violently against the other, it is known as intimate partner violence.

what is domestic violence?

  • In India, “domestic violence” refers to any real or threatened abuse, whether it be verbal, physical, emotional, sexual, or financial.
  • Stated otherwise, domestic violence refers to any form of abuse that results in harm, injury, and/or jeopardizes the victim’s life, safety, health, limb, or well-being, whether psychologically or physically.

effect on domestic violence

  • Lack of Resources: We are aware of the close connections between poverty and domestic abuse. Women may become impoverished as a result of expenses they bear alone due to the violence they encounter. These expenses include those related to their health care, housing and shelter, and legal counsel. In turn, poverty makes it more challenging to put an end to domestic abuse and recover from its repercussions.
  • Homelessness: Women and children who experience domestic abuse may become homeless as a direct result. If a woman decides she can no longer put up with the abuse, her only choice might be to leave her house. Unfortunately, women frequently have to choose between leaving the violent environment and becoming homeless or staying in it when there are insufficient support resources available.
  • Effect on Emotions: Children who have witnessed domestic abuse may struggle with sadness, extreme anxiety, and difficulty focusing. They might struggle academically, have poor social skills, and behave violently, riskily, or delinquently.
  • Abuse of Children: Facing physical abuse by a parent has effects that extend beyond the wounds. It has a significant impact on the child’s psychological health because many of them experience persistent anxiety and dread.

domestic violence ipc: Punishment

Section 498A IPC:

  • The IPC’s Section 498A addresses cruel acts against women by their spouses or other family members. The section lays forth the penalties, which include a fine and up to three years in prison.
  • According to the Explanation to Section 498A, cruelty includes a variety of deliberate behaviours that have the potential to push a woman into suicide, inflict physical or psychological injury, or involve intimidating a woman into paying money to her relatives.

protection of women against domestic violence act

The following objectives are intended to be achieved by the 2005 Protection of Women from Domestic Violence Act which is the ground breaking legislation for women in India:

  • To acknowledge that domestic abuse is a crime that ought to be prosecuted.
  • To protect victims of domestic violence when crimes of this nature are perpetrated.
  • To administer justice in a reasonable, timely, and cost-effective manner to the injured party.
  • To prevent domestic abuse from occurring and to act correctly in the event that it occurs.
  • To guarantee the recovery of victims of domestic abuse by putting in place sufficient initiatives and programs.
  • To raise awareness of domestic abuse among the general public.
  • Should apply harsh punishments and hold individuals guilty for such heinous acts of cruelty.
  • To enact and uphold legislation that prevents domestic abuse in accordance with international norms.

protection of women against domestic violence act: Criticism of the Act

  • The law has been criticized by some for merely being civil, as opposed to being criminal as well, as it was intended to be. Only when domestic abuse is coupled with another offense, such as disobeying a court-issued protection order, does the criminal portion of the legislation come into play.
  • Many have claimed that this rule treats men as the only ones who commit domestic abuse. Thus, this rule discriminates against men and violates Article 14 and Article 15 of the Indian Constitution by limiting the number of women who can report domestic abuse.
  • Additionally, some have claimed that the definition of domestic abuse is too lenient, allowing crafty women to harass males without any justification.

The Act is crucial to the Indian legal system’s attempt to defend women’s rights so that they can feel secure and protected in the privacy of their own homes. Under the Act, victims of domestic abuse may pursue civil remedies. Additionally, victims of domestic abuse had to go to civil courts before the Act was implemented in order to get civil remedies like maintenance, divorce, child custody, or any form of injunction. The Act therefore made the necessary changes requested by the Indian assembly.

There are four categories of domestic violence: financial, emotional, sexual, and physical. Socioeconomic problems, psychological and biological problems, intergenerational violence, and other social problems can all contribute to domestic violence. Nonetheless, patriarchy is the main cause of domestic violence and one that influences other causes. Although women are more often victims of domestic abuse than males, older people, members of the LGBTQ+ community, and men may face particular difficulties.

Domestic Violence FAQs

  1. What is a domestic violence case?

Any form of violence or abuse, encompassing physical, mental, and sexual abuse, that takes place in a household setting, such as a marriage or cohabitation, is referred to as domestic violence, also known as intimate partner violence.

  • What is domestic violence in daily life?

These days, “all acts of physical, sexual, psychological, or economic violence” that a family member or intimate partner may conduct are typically classified as domestic violence.

  • What is the punishment for domestic violence case?

The highest penalty allowed is five years in prison, a fine, or both. The Indian Penal Code (IPC) is punitive in nature and may result in incarceration in most situations, which is the main distinction between the remedies offered under the Domestic Violence Act and the IPC.

  • What is the main cause of abuse?

Stressful family situations, such as single parenting or domestic abuse and other marital problems. a family member’s child who is physically or mentally impaired. Poverty, unemployment, or financial strain. Isolation from extended family or society.

  • What is the time limit for domestic violence case in India?

There is no deadline for filing a case under s. 498A of the IPC or for domestic violence, although if she files one after a very lengthy time, it may be detrimental to her (depending upon other facts of the case).

  • How can a domestic violence case be dismissed in India?

In the Indian justice, the primary reasons for dismissing a case involving domestic abuse are lack of sufficient grounds, technical dismissal, absence of vital elements, prima facie case, and disproportionate punishment.

  • Can a wife file case against husband?

If a wife is being mistreated in any way that is causing her physical or emotional distress, she has the right to launch a complaint for cruelty or harassment.

  • Can I take legal action against my wife?

Yes, a husband may bring a criminal case against his wife for cruelty under Indian law. The Indian Penal Code (IPC) expressly addresses cruelty committed by a husband or his family members against a wife in Section 498A. In this particular scenario, it is imperative to comprehend the legal concept of cruelty.

  • Can wife withdraw DV case?

In order to convince the judge that your name shouldn’t be on the DV case, you can submit arguments and supporting documentation to the court. The application will be reviewed by the court, which will also take the parties’ arguments and supporting documentation into account. After that, they will decide whether to take your name off the DV.

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