What action can I take against person who does domestic violence

595 votes

Laws with respect to females are very strong these days..
You have right to approach the police and lodge an FIR.. If by chance police doesn't cooperate then you can file a private complaint before concerned magistrate and magistrate will take the required action.

Advocate Apoorv Joshi LawRato

672 votes

First of all I would like to suggest you that if you are relative of her women then you can convenience to her to complain against the person who physically assaulting to her secondly if you are not relative of her women then also you can help her women for that you can give such information to the protection officer under the provision of section 4 of domestic violence act 2005 under which any person who has reason to believe that an act of domestic violence has been, or is being,or is likely to be committed, may give information about it to the concern protection officer and according to section 4(2) of the said act no liability, civil or criminal, shall be incurred by any person for giving in good faith.

Now I will come on the point that how a woman can file file a complain against the person who physically assaulting to her or commit the domestic violence against her for that she can log the F.I.R against the person in the nearest police station and if police officer is not taking action then she can file a private complain directly before the magistrate who has territorial jurisdiction of that area and she can go before protection officer who is appointed for that purpose under the domestic violence act, I think this information may help you for every angles to take care of her women.
There I would like to discuss here more circumstantially about this problem because this problem is very common in our socity many times womens faces this problem in her house and not takes any step against the person who is assaulting her because she always try to keep family together and for that she always sacrifice of her right and dignity which is completely wrong because it goes wrong message to the society because Both the offender and the victim are guilty.
Mostly physically assaultion based upon the demand of dawry which punishable under section 498A of indian penal code which read as under:-

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

As well as The Protection of Women from Domestic Violence Act 2005 differs from the provision of the Penal Code - section 498A of the indian penal code- in that it provides a broader definition of domestic violence for giving complete safeguard to women of india.

Domestic violence is defined by Section 3 of the Act as “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:

harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; orharasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; orhas the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); orotherwise injures or causes harm, whether physical or mental, to the aggrieved person.”

The Act goes on, through the section Explanation 1, to define "physical abuse","sexual abuse", "verbal and emotional abuse" and "economic abuse".


The reason of above discussion is just to intimate you all through Lawrato who search on the Google for correct information about the topics and problems which number of people face I hope each and every people will be helpful with above discussion for any other enquiry you can contact me through Lawrato.

Advocate Rohit Jagwani LawRato

928 votes

You can take an action under the sections 323, 324 of Indian Penal Code and 498A of the same act. The protection of women from domestic violence act is also there and action can be taken under that act also.

Advocate Rajnikant Khare LawRato

695 votes

Women's safety laws[edit]
Guardians & Wards Act, 1890[124]
Indian Penal Code, 1860
Christian Marriage Act, 1872
Indian Evidence Act, 1872[125]
Married Women's Property Act, 1874
Workmen's compensation Act, 1923
Indian Successions Act, 1925
Immoral Traffic (prevention) Act, 1956
Dowry Prohibition Act, 1961[100]
Commission of Sati(Prevention) Act, 1987
Cinematograph Act, 1952
Births, Deaths & Marriages Registration Act, 1886
Minimum Wages Act, 1948
Prevention of Children from Sexual Offences Act, 2012
Child Marriage Restraint Act, 1929
Muslim Personal Law (Shariat) Application,1937
Indecent Representation of Women(Prevention) Act,1986
Special Marriage Act, 1954[126]
Hindu Marriage Act, 1955
Hindu Successions Act, 1956
Foreign Marriage Act, 1969
Family Courts Act, 1984
Maternity Benefit Act,1861
Hindu Adoption & Maintenance ACT,1956
Code of Criminal Procedure, 1973
Medical Termination of Pregnancy Act,1971
National Commission for Women Act, 1990
The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)] Act, 1994
Protection of Women from Domestic Violence Act, 2005
Sexual Harassment of Women at Work Place (Prevention, Prohibition & Redressal) Act, 2013[127]
Indian Divorce Act, 1969
Equal Remuneration Act, 1976
Hindu Widows Remarriage Act, 1856
Muslim women (protection of rights on divorce) Act, 1986

Advocate Vijay Raghav Singh LawRato