Domestic Violence Lawyer | Advocate in Delhi
Domestic Violence & Harassment Laws in India
This guide covers Domestic Violence & Harassment Cases under Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Civil Procedure Code (CPC), Criminal Procedure Code (CrPC), and landmark judgments, along with FAQs.
1. Domestic Violence & Harassment Under Bharatiya Nyaya Sanhita (BNS), 2023
(Replaced IPC from July 1, 2024)
| BNS Section | Offense | Punishment |
|---|---|---|
| Sec 86 | Cruelty against spouse (Mental or physical abuse) | Up to 3 years imprisonment + fine |
| Sec 88 | Domestic violence (Severe physical harm) | Up to 7 years imprisonment + fine |
| Sec 105 | Dowry-related harassment | Up to 5 years imprisonment + fine |
| Sec 319 | Sexual harassment at home (Unwelcome sexual advances) | Up to 3 years imprisonment |
| Sec 121 | Stalking (Physical & Cyber) | Up to 3 years imprisonment |
| Sec 122 | Voyeurism (Recording private acts without consent) | Up to 3 years imprisonment |
2. Domestic Violence & Harassment Under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
(Replaced CrPC from July 1, 2024)
| BNSS Section | Provision |
|---|---|
| Sec 176 | Speedy trial for domestic violence & harassment cases |
| Sec 173 | Electronic filing of charge sheets for domestic abuse cases |
| Sec 357 | Compensation & maintenance for victims |
| Sec 92 | Bail provisions in domestic violence cases |
3. Domestic Violence & Harassment Under Criminal Procedure Code (CrPC), 1973
| CrPC Section | Provision |
|---|---|
| Section 125 | Maintenance for wife & children |
| Section 144 | Protection orders to prevent further abuse |
| Section 154 | Mandatory FIR registration in domestic violence cases |
| Section 198A | Special provisions for filing complaints in domestic violence cases |
4. Domestic Violence & Harassment Under Civil Procedure Code (CPC), 1908
| CPC Provision | Purpose |
|---|---|
| Order 39, Rule 1 & 2 | Courts can pass interim relief orders |
| Section 9 | Civil courts have jurisdiction over domestic violence cases |
| Section 26 | Victims can file for maintenance & alimony |
5. Protection of Women from Domestic Violence Act (PWDVA), 2005
This is the primary civil law for domestic violence cases, covering:
✅ Physical, verbal, emotional, sexual, and economic abuse
✅ Right to residence for women in a shared household
✅ Protection orders & restraining orders
✅ Compensation & monetary relief
6. Landmark Judgments on Domestic Violence & Harassment
1. Indra Sarma v. V.K.V. Sarma (2013)
- Live-in relationships are covered under the Domestic Violence Act.
2. S.R. Batra v. Taruna Batra (2007)
- A woman has a right to residence only in her husband’s shared household.
3. Vishaka v. State of Rajasthan (1997)
- Established guidelines against sexual harassment in workplaces and homes.
4. Lalita Kumari v. Govt of U.P. (2013)
- Mandatory FIR registration in domestic violence cases.
5. Krishna Bhatacharjee v. Sarathi Choudhury (2015)
- Mother-in-law and relatives can also be held liable under the Domestic Violence Act.
7. FAQs on Domestic Violence & Harassment
Q1: What is the punishment for domestic violence under BNS?
- BNS Sec 88: Up to 7 years imprisonment + fine.
Q2: Can domestic violence be reported after separation?
- Yes, domestic violence complaints can be filed even after separation or divorce.
Q3: Can men file domestic violence cases?
- Only women can file cases under PWDVA, 2005.
- However, men can file under general harassment laws.
Q4: What protection can the court provide to victims?
- Restraining orders, residence rights, monetary relief, and police protection.
Q5: Can a working wife claim maintenance?
- Yes, if her income is significantly lower than her husband’s.
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