Is DVC a Criminal or Civil case

980 votes

Domestic violence case is partly criminal and partly civil. The case is maintainable before the magistrate court and the code of criminal procedure is followed. The parties are named as petitioner and respondent, not as complainant and accused.

Dr. S. Diraviam Dinesh LawRato

745 votes

As per the criminal proceedings the DVC is criminal. it is not civil suit. however as far as the family disputes it could be tried under civil nature. the punishment under the DVC is equivalent to punishment under IPC. the criminal proceedings is DVC

Advocate Murali Krishnan Sanjeevi LawRato

514 votes

The above decision only looked into the maintainability of quash petition under 482CrPC for complaints under the PWDVA Act and 498-A IPC. There is a conflicting view by the Maduari Bench of the Madras High Court. However, Calcutta HC after the above decision in a larger bench has settled the position for now that it is in fact a criminal proceeding and that quash may be filed under 482 CrPC.

Advocate Guru Dhananjay LawRato

348 votes

The legal categorization of domestic violence cases under the Domestic Violence Act, 2005, often referred to as DVC cases, is a complex matter. Here's a comprehensive answer considering the information available on the provided page and targeting the specified keywords:
The nature of DVC (Domestic Violence Case) under the Domestic Violence Act, 2005, is primarily civil in nature but incorporates elements of both civil and criminal law. This dual nature allows it to address various aspects of domestic violence comprehensively.

1. Civil Aspect: DVC primarily deals with providing civil remedies and protection to victims of domestic violence. It empowers victims, typically women, to seek various reliefs such as protection orders, residence orders, and monetary reliefs. These civil remedies aim to safeguard the victim's rights and well-being.
2. Criminal Aspect: While DVC cases are primarily civil, they may also encompass certain criminal aspects. The Act recognizes certain acts of domestic violence as criminal offenses. For example, acts like assault, criminal intimidation, and criminal force committed within the context of domestic violence can result in criminal charges.
3. Protection and Support: The Act prioritizes the protection and support of victims. It allows victims to seek immediate protection from violence and abuse through civil orders. Simultaneously, it addresses criminal aspects by penalizing offenders for specific criminal acts.
4. Interconnectedness: The civil and criminal aspects of DVC cases are interconnected. The Act allows victims to seek both civil and criminal remedies simultaneously. For instance, a victim can file for a protection order (civil) and report criminal acts of violence to the police.

In summary, DVC cases under the Domestic Violence Act, 2005, are predominantly civil but incorporate criminal elements when addressing specific offenses related to domestic violence. This dual nature ensures that victims receive comprehensive legal protection and remedies.

Advocate Chikirsha Mohanty LawRato