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At Zolvit, our legal team provides specialised services for domestic violence cases, offering expert legal support to protect your rights and ensure your safety. Whether you are a victim seeking protection, navigating legal actions against an abuser, or facing false accusations, we offer comprehensive legal assistance to address these sensitive issues with compassion and effectiveness.
Domestic violence involves any form of abuse, whether physical, emotional, or psychological, within a domestic setting. In India, such cases are primarily governed by the Protection of Women from Domestic Violence Act, 2005, which provides a framework for victims to seek protection, justice, and support. At Zolvit, we are dedicated to helping you understand your legal rights and options and to providing robust representation throughout the legal process.
Domestic Violence Under Indian Law
In India, domestic violence is punishable by the Indian Penal Code (IPC), also known as the Bharatiya Nyaya Sanhita (BNS) and the Criminal Procedure Code (CrPC).
Section 498-A Cruelty
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with detention for a term which may advance to three years and shall also be liable to fine.
Section 125, CrPC: Maintenance Orders
If any person having sufficient means neglects or refuses to maintain;
1. His wife, unable to maintain herself, or
2. His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
3. His legitimate or illegitimate child (not being a married daughter) who has attained majority, unless the child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
4. his father or mother, unable to maintain himself or herself,
- A Magistrate of First Class may order an individual, upon proof of neglect or refusal, to pay their wife or child a monthly allowance at a monthly rate the magistrate deems appropriate, and to pay it directly to the individual;
- In the event that the Magistrate is satisfied that the husband, if married, is not possessed of sufficient means to support such a minor female child as referred to in clause (b), he may order the father to make such allowance, until the child reaches her majority.
- A Magistrate may also, while the proceeding concerning the monthly allowance for maintenance under this Subsection is pending, order the person to pay a monthly allowance for interim maintenance of his wife, children, fathers or mothers, and any reasonable expenses associated with that proceeding, and to pay the same to such person as the Magistrate may direct from time to time;
- As far as is possible, an application for the interim maintenance allowance and expenses of proceeding under the second proviso shall be decided within sixty days of the service of notice of the application.
- For the purposes of this Chapter
a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority;
b) “wife” includes a woman who has been divorced by, or obtained a divorce from, her husband and has not remarried.
1. The allowance for maintenance or interim maintenance and expenses of proceeding will be payable from the date of the order. As soon as possible after the date of the application for maintenance or interim maintenance and expenses of proceeding, whichever is applicable.
2. If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any port of each month’s allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made;
No warrant shall be issued for the recovery of any amount due under this section unless application is made to the Court within one year after the date on which the amount became due;
It is also provided that if a man offers his wife maintenance on condition that she live with him, and she refuses to do so, the Magistrate may consider any grounds for refusal stated by her, and may impose an order under this section notwithstanding the offer, if he believes that it is just.
1. If, for any reason, the wife refuses to live with her husband, or they are living separately by mutual consent, she shall not be entitled to receive an allowance for her husband's maintenance or interim maintenance and expenses, as the case may be, under this section. She may be living in adultery, or may be refusing to live with her husband without any sufficient reason.
2. The Magistrate shall cancel any order made under this section if the wife whose favor it was made is living in adultery, or refuses to live with her husband without sufficient reason, or lives separately by mutual consent.
Indian Penal Code (IPC)/Bharatiya Nyaya Sanhita (BNS) - Sections Related to Domestic Violence
Women are protected by the PWDVA, but several sections of the Indian Penal Code (IPC) also address abuse against women. The following sections are relevant:
Section 304B - Punishment for dowry death
In the event that the death of a woman is caused by burns or bodily injury within seven years of her marriage, or otherwise than under normal circumstances, and it is shown that she was subjected to cruelty or harassment by her husband or any relative of her husband shortly before she died regarding, or in connection with, any demand for dowry, such death shall be termed “dowry death”, and the husband or relative is presumed to have caused it. An individual who commits dowry death shall be punished by imprisonment for at least seven years, but not less than life.
Section 375- Rape
A man is said to commit “rape” if he—
- penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or induces her do so with him or any other person; or
- inserts, to any extent, any object or part of the body, not being the penis, into the vagina, the urethra or anus of a woman. This makes her do so with him or any other person; or
- manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her do so with him or any other person; or
- Applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person. This is under the circumstances falling under any of the following seven descriptions:
1. Against her will.
2. Without her consent.
3. With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or hurt.
4. With her consent, when the man knows that he is not her husband. Her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
5. With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome Substance, she is unable to understand the nature and consequences of that to which she gives consent.
6. With or without her consent, when she is under eighteen years of age.
7. When she is unable to communicate consent.
- A brief explanation
1. As used in this section, "vagina" includes labia majora.
2. An unequivocal voluntary agreement is communicated by a woman through words, gestures, or any form of verbal or non-verbal communication;
3. In this case, a woman who does not physically resist the act of penetration is not regarded as consenting merely because she does not resist.
- The exceptions
1. Medical procedures or interventions shall not constitute rape.
2. Sexual intercourse or sexual acts by a man with his own wife, not under fifteen years of age, is not rape.
Section 376A - Rape of a minor
When a person commits an offence punishable under section 376 (1) or section 376 (2) and inflicts an injury on the woman causing death or causing her to remain in a vegetative state for a prolonged period of time, he or she shall be punished with rigorous imprisonment, a term that shall not be less than twenty years, but may be extended to life imprisonment, which means imprisonment for the remainder of the person's natural life, or even death.
Section 376D- Gang rape
The offence of rape shall be committed by any individual or group who raped a woman in furtherance of a common intention or as part of a group. Each of these individuals shall be punished with rigorous imprisonment for at least twenty years, but up to life which means incarceration for the rest of the person’s life, and with fines;
The fine shall be sufficient to cover the victim's medical expenses and rehabilitation;
Further, any fine imposed under this section shall be paid to the victim.
Section 498A- Cruelty by Husband or Relatives of husband
Anyone subjecting a woman to cruelty, who is the husband or a relative of the husband, shall be punished with imprisonment for a term that may extend to three years and fined.
A brief explanation
In this section, "cruelty" means:
1. Willful conduct that is likely to cause the woman to commit suicide or to cause grave injury or harm to her life, limb, or health (whether mental or physical);
2. The woman is harassed with the intent of coercing her or any person related to her into meeting any unlawful demand for any property or valuable security, or when she or any person related to her fails to meet such a demand.
Section 500 - Defamation
Defamation of another shall be punished with simple imprisonment for a period not exceeding two years, or with fine, or with both.
Legal Services Offered by Zolvit
Both victims of domestic violence and those accused of such crimes can get help from Zolvit. If you're being falsely accused or seeking justice as a victim, our experienced team is committed to protecting your rights.
For Victims of Domestic Violence
- Legal Consultation and Case Evaluation: Our first step is to understand your situation and explain your legal options. Our goal is to make sure you know everything you need to know about your rights under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) and other laws related to your case. We examine the details of your case, including the nature of the abuse, any evidence you may possess, and possible legal remedies. As a result of this assessment, we are able to formulate a strategy that is tailored to meet your specific needs.
- Filing Complaints and Protection Orders: Filing a Domestic Incident Report (DIR) is the first step to getting legal protection under the PWDVA. As a basis for further legal action, this report documents the abuse. It is our goal at Zolvit to help you obtain protective orders that prevent further abuse, residence orders that allow you to remain in the shared residence, and monetary relief for expenses incurred as a result of the violence, including medical expenses and lost wages.
- Representation in court: We make sure your case is presented effectively in court with our lawyers. Our lawyers fight for your rights every step of the way, from the initial hearing to the trial. As part of our work, we get restraining orders against the abuser and advocate for custody arrangements that prioritize the children's safety.
For Those Accused of Domestic Violence
- Initial Consultation and Defense Strategy: Zolvit provides a detailed consultation if you're falsely accused of domestic violence. As a result, we develop a defense strategy that addresses the specific allegations and your legal rights.
- Challenging false allegations: Our goal is to gather evidence that challenges false accusations. Your defense may include witness statements, digital evidence, and other documents. In cases where the accusations are bogus, Zolvit can file for the quashing of false First Information Reports (FIRs) and seek legal protection.
- Representation in Court: In court, we defend you against criminal charges and clear your name. As part of our legal process, we protect your rights. Throughout all legal proceedings, we fight for your rights to ensure that you are entitled to a fair trial and that any legal action taken against you is just and proportionate.
- Negotiation and settlement: As another method of resolving conflict outside of court, Zolvit also pursues mediation and settlement options. By doing so, the parties could avoid prolonged legal battles and reach a settlement that was acceptable to all parties.
Cases of domestic violence
Identifying the signs of domestic violence and seeking legal help can be easier if you know what causes it. The most common situations are given below:
Physical abuse
A physical assault is the most well-known form of domestic violence, involving direct physical contact such as hitting, slapping, choking, or using weapons. There are also threats of violence that instill fear and control on the victim. An emotional or psychological abuser may behave in a manner that lowers the victim's sense of self-worth or dignity. There can be continuous criticism, humiliation, isolation from family and friends, as well as verbal abuse that may cause long-term psychological damage.
Sexual abuse
In a domestic setting, sexual abuse can take the form of any act that is not consented to, including rape, forced sexual activity, or coercion. The victim is often faced with threats or manipulation, which makes it difficult for him or her to refuse the abuse.
Economic Abuse
A lesser-known, but equally damaging form of domestic violence is economic abuse. This involves restricting the victim's access to financial resources, withholding money, denying employment, or preventing the victim from obtaining financial independence.
False allegations
Domestic violence accusations can sometimes be false, especially in the context of divorce or custody. It's important to challenge these false allegations with a strong defense, since they can have severe legal and personal consequences.
Penalties and Remedies in Domestic Violence Cases
It is important to note that domestic violence cases carry significant legal consequences for perpetrators and provide victims with the following types of remedies:
For Perpetrators
- Imprisonment: When a person is found guilty of domestic violence, he or she may be sentenced to imprisonment, with the length of the sentence depending on the severity of the abuse. A prison sentence serves both as a punishment and a deterrent against future offenses.
- Fines: As part of their sentence, convicted individuals may also be required to pay fines. It is intended that the fines serve as a financial penalty for the perpetrator and as a partial compensation for the victim.
- Reputation and Legal Consequences: Reputation, employment, and personal relationships can be adversely impacted by a conviction for domestic violence. As a result, it may be difficult for the perpetrator to obtain employment, maintain personal relationships, or participate in community activities in the future. It can be very difficult to overcome the stigma associated with a conviction for domestic violence.
For the victims
- Protection Orders: A court protection order prevents abusers from contacting or approaching victims again. This order ensures the victim's safety and prevents further violence.
- Compensation and maintenance: Victims can get compensated for medical bills, lost wages, and other damages. Also, courts can order abusers to pay maintenance to their victims.
- Custody and Residence Rights: Child safety and well-being are the court's top priorities when a case involves kids. It's okay for victims to ask for custody of their kids and residence rights, so they can stay in the house they love.
Why Choose Zolvit’s Domestic Violence Legal Services?
At Zolvit, we have a team of experienced domestic violence lawyers who understand the complexities involved in these cases. We provide expert legal representation tailored to the needs of clients who are victims of domestic violence or those who have been falsely accused of domestic violence. Each domestic violence case is unique, and our approach is tailored to fit your unique circumstances. With sensitivity and professionalism, our lawyers provide compassionate support throughout the legal process.
FAQs for Domestic Violence
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What support services are available for victims of domestic violence?
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