How to File a Domestic Violence Complaint in India: Step-by-Step

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Introduction

Domestic violence is a pervasive problem in India that affects millions of women across all socio-economic strata. Recognising the inadequacy of criminal law provisions (such as Section 498A of the Indian Penal Code) in providing effective civil remedies to victims, the Indian Parliament enacted the **Protection of Women from Domestic Violence Act, 2005** (commonly referred to as the **DV Act**). This legislation came into force on **26 October 2006** and provides a comprehensive framework of civil remedies to women who are victims of domestic violence.

The DV Act is a civil law, not a criminal law (though certain violations of court orders under it are criminal offences). It provides for multiple remedies, including protection orders, residence orders, monetary reliefs, custody orders, and compensation orders. The Act is designed to be victim-friendly and provides for the appointment of Protection Officers and the involvement of service providers to assist victims.

This article provides an educational, step-by-step guide to filing a domestic violence complaint in India under the DV Act, covering who can file, against whom, the procedure, the remedies available, and key judicial pronouncements.

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Who Can File a Complaint Under the DV Act?

Aggrieved Person (Section 2(a))

Under **Section 2(a)** of the DV Act, an **"aggrieved person"** is any woman who is, or has been, in a **domestic relationship** with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.

This includes:

- **Wife** or former wife (including in cases of void or voidable marriages)

- **Live-in partner** (the Supreme Court in **D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469** recognised that women in live-in relationships that have the characteristics of a marriage are entitled to protection under the DV Act)

- **Sister, mother, or any woman** living in a shared household with the respondent and who is related by blood, marriage, or adoption

- **Daughter-in-law** or former daughter-in-law

Who Can File on Behalf of the Aggrieved Person?

Under **Section 4** of the DV Act, the following persons can file a complaint on behalf of the aggrieved person:

- The aggrieved person herself

- A **Protection Officer**

- A **Service Provider** registered under Section 10

- Any **other person** on behalf of the aggrieved person (such as a relative, friend, or neighbour), with the leave of the Magistrate

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Against Whom Can a Complaint Be Filed?

Respondent (Section 2(q))

Under **Section 2(q)**, a complaint can be filed against any **adult male person** who is, or has been, in a domestic relationship with the aggrieved person and against whom relief has been sought.

However, the Supreme Court in **Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165** struck down the words "adult male" from Section 2(q), holding them unconstitutional. As a result, a complaint can now be filed against **any person** (including a woman) who is in a domestic relationship with the aggrieved person. This is significant as it allows complaints against mothers-in-law, sisters-in-law, and other female relatives.

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What Constitutes Domestic Violence? (Section 3)

**Section 3** of the DV Act defines domestic violence broadly to include:

Physical Abuse

Any act or conduct that is of such a nature as to cause **bodily pain, harm, or danger to life, limb, or health**, or impair the health or development of the aggrieved person. This includes assault, criminal force, and criminal intimidation.

Sexual Abuse

Any conduct of a **sexual nature** that abuses, humiliates, degrades, or otherwise violates the dignity of the aggrieved person.

Verbal and Emotional Abuse

This includes:

- **Insults, ridicule, humiliation, and name-calling**, especially with regard to not having a child or a male child

- Repeated threats to cause physical pain

- Any act or conduct that has the effect of threatening the aggrieved person

Economic Abuse

This includes:

- **Deprivation** of all or any economic or financial resources to which the aggrieved person is entitled

- **Disposal** of household effects, stridhan, or any other property in which the aggrieved person has an interest

- **Prohibition or restriction** from continuing employment

- Non-payment of rent or not allowing the aggrieved person to use resources or facilities

Dowry-Related Harassment

Any harassment, harm, or injury caused to the aggrieved person with a view to coercing her or her relatives to meet any **unlawful demand for dowry** or other property.

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Step-by-Step Procedure for Filing a DV Complaint

Step 1: Approach the Protection Officer, Police, or Service Provider

The aggrieved person can approach any of the following:

**Protection Officer:** Each district has a **Protection Officer** appointed under **Section 8** of the DV Act. The Protection Officer's duties include assisting the aggrieved person in filing the complaint, informing her of her rights, and facilitating access to legal aid, shelter, and medical assistance.

**Police:** The aggrieved person can approach the police station. Under **Section 5** of the DV Act, the police are required to inform the aggrieved person of her rights under the Act, including the right to file a complaint before the Magistrate, the right to free legal services, and the availability of Protection Officers and service providers.

**Service Provider:** Registered service providers (NGOs and organisations registered under Section 10) can assist the aggrieved person in filing the complaint, recording the Domestic Incident Report, and providing shelter and medical assistance.

Step 2: Filing the Domestic Incident Report (DIR)

The aggrieved person, Protection Officer, or service provider prepares a **Domestic Incident Report (DIR)** in the prescribed form. The DIR records:

- Details of the aggrieved person and the respondent

- The nature and details of the domestic violence (physical, sexual, verbal, emotional, economic)

- Date, time, and place of incidents

- The relief sought (protection order, residence order, monetary relief, etc.)

- Whether the aggrieved person has been medically examined or requires medical assistance

- Whether the aggrieved person requires shelter

The DIR is submitted to the **Magistrate** and copies are forwarded to the **police officer in charge** of the local police station and the **service provider** in the area.

Step 3: Filing an Application Before the Magistrate

The aggrieved person (or the Protection Officer or service provider on her behalf) files an **application** under **Section 12** of the DV Act before the **Magistrate** (typically the Judicial Magistrate First Class or the Metropolitan Magistrate). The application may seek one or more of the following reliefs:

- Protection order (Section 18)

- Residence order (Section 19)

- Monetary relief (Section 20)

- Custody order (Section 21)

- Compensation order (Section 22)

The application should be accompanied by the DIR and any supporting evidence (medical reports, photographs, witness statements, etc.).

Step 4: Notice to the Respondent

Upon receiving the application, the Magistrate issues **notice** to the respondent, directing them to appear before the court on the date fixed for hearing.

Step 5: Hearing and Evidence

Under **Section 12(4)** of the DV Act, the Magistrate is required to endeavour to dispose of the application within **60 days** from the date of its first hearing. During the hearing:

- Both parties are given an opportunity to present their case

- Evidence (oral and documentary) is recorded

- The Protection Officer's report and DIR are considered

- Counselling may be directed in appropriate cases

Step 6: Passing of Orders

After hearing both parties and considering the evidence, the Magistrate may pass one or more of the following orders:

**Protection Order (Section 18):** Prohibiting the respondent from committing any act of domestic violence, aiding or abetting domestic violence, entering the aggrieved person's workplace or educational institution, communicating with the aggrieved person (if so ordered), or alienating any assets.

**Residence Order (Section 19):** Directing the respondent not to dispossess or disturb the aggrieved person's possession of the shared household, or directing the respondent to vacate the shared household, or directing the respondent to provide alternative accommodation.

**Monetary Relief (Section 20):** Directing the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person, including loss of earnings, medical expenses, loss caused by destruction or damage to property, and maintenance for the aggrieved person and her children.

**Custody Order (Section 21):** Granting temporary custody of children to the aggrieved person. The Magistrate may also deny the respondent visitation rights if such visitation would be harmful to the children.

**Compensation Order (Section 22):** Directing the respondent to pay compensation and damages for injuries (including mental torture and emotional distress) caused by the domestic violence.

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Interim and Ex-Parte Orders

Interim Orders (Section 23)

The Magistrate may pass **interim orders** at any stage of the proceedings, even before issuing notice to the respondent, if the Magistrate is satisfied that the application **prima facie** discloses that the respondent has committed domestic violence or is likely to commit domestic violence.

Ex-Parte Orders (Section 23(2))

If the Magistrate is satisfied that the application discloses that the respondent is committing or has committed domestic violence, and there is a likelihood of the respondent committing further violence, the Magistrate may pass an **ex-parte order** (without hearing the respondent) granting interim relief to the aggrieved person. The respondent is subsequently given an opportunity to be heard.

The Supreme Court in **Kunapareddy v. Kunapareddy Swarna Kumari (2016) 11 SCC 774** upheld the power of the Magistrate to pass ex-parte orders under the DV Act for the immediate protection of the aggrieved person.

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Penalty for Breach of Protection Order

Under **Section 31** of the DV Act, breach of a protection order or interim protection order by the respondent is a **cognizable and non-bailable offence**, punishable with imprisonment up to **one year**, or fine up to **Rs. 20,000**, or both.

This means that if the respondent violates any condition of the protection order (for example, by contacting the aggrieved person or entering the shared household in defiance of the order), the respondent can be arrested without a warrant and the offence is serious enough that bail is not a matter of right.

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Role of the Protection Officer

The **Protection Officer** plays a crucial role in the DV Act framework:

**Section 8 -- Appointment:** The State Government appoints Protection Officers in each district. There must be at least one Protection Officer in each district.

**Section 9 -- Duties:** The Protection Officer's duties include:

- Assisting the aggrieved person in filing the DIR and the application

- Arranging for the aggrieved person to receive medical examination and treatment

- Ensuring that the aggrieved person has access to shelter, if required

- Ensuring that the aggrieved person has access to legal aid under the Legal Services Authorities Act, 1987

- Maintaining a list of all registered service providers in the district

- Making a safety plan for the aggrieved person, if necessary

- Providing the Magistrate with reports as directed

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Parallel Criminal Remedies

In addition to the civil remedies under the DV Act, the aggrieved person may also pursue **criminal remedies**:

Section 85 BNS (formerly Section 498A IPC) -- Cruelty by Husband or Relatives

If the aggrieved person is a wife and is subjected to cruelty by her husband or his relatives, she can file a complaint under **Section 85 of the Bharatiya Nyaya Sanhita, 2023** (formerly Section 498A of the IPC). Cruelty includes both physical and mental cruelty, as well as dowry-related harassment. This is a **cognizable, non-bailable, and non-compoundable** offence punishable with imprisonment up to **three years** and fine.

Section 4 of the Dowry Prohibition Act, 1961

If the domestic violence involves a demand for dowry, the aggrieved person can file a complaint under the **Dowry Prohibition Act, 1961**, which penalises the giving and taking of dowry as well as demands for dowry.

Section 144 BNSS (formerly Section 125 CrPC) -- Maintenance

The aggrieved person can file an application for **maintenance** under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the Magistrate's court, seeking monthly maintenance from the respondent.

The DV Act remedy and the criminal remedies are **not mutually exclusive** and can be pursued simultaneously.

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Key Judgments on the DV Act

| Case | Key Principle |

|---|---|

| **Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165** | The words "adult male" in the definition of respondent (Section 2(q)) were struck down as unconstitutional. Complaints can now be filed against women as well. |

| **D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469** | Women in live-in relationships that have the characteristics of a marriage are entitled to protection under the DV Act. |

| **S.R. Batra v. Taruna Batra (2007) 3 SCC 169** | A wife is not entitled to claim a residence order in respect of a property belonging to her in-laws (other than a shared household). However, this judgment has been subject to subsequent developments. |

| **Satish Chander Ahuja v. Sneha Ahuja (2020) 13 SCC 257** | The Supreme Court held that the concept of "shared household" under Section 2(s) must be given a wide interpretation, and a wife has a right to reside in the shared household regardless of who owns the property. |

| **V.D. Bhanot v. Savita Bhanot (2012) 3 SCC 183** | The DV Act has retrospective application, meaning that acts of domestic violence committed before the Act came into force can be the basis for seeking relief under the Act, provided the domestic relationship subsists. |

| **Kunapareddy v. Kunapareddy Swarna Kumari (2016) 11 SCC 774** | The Magistrate has the power to pass ex-parte orders under the DV Act for the immediate protection of the aggrieved person. |

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Free Legal Aid for DV Victims

Victims of domestic violence are entitled to **free legal aid** under the **Legal Services Authorities Act, 1987**. The following bodies provide free legal aid:

- **National Legal Services Authority (NALSA)**

- **State Legal Services Authority (SLSA)**

- **District Legal Services Authority (DLSA)**

Under **Section 12** of the Legal Services Authorities Act, women are specifically listed as persons entitled to free legal services. The Protection Officer is required to inform the aggrieved person about the availability of free legal aid and assist her in accessing it.

Additionally, many states have established **One Stop Centres (Sakhi Centres)** and **Women Helpline (181)** under the Ministry of Women and Child Development, which provide integrated support to women affected by violence, including police assistance, legal aid, medical assistance, and psycho-social counselling.

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Frequently Asked Questions

Can a woman file a DV complaint against another woman?

Yes. Following the Supreme Court's decision in **Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165**, the words "adult male" were struck down from the definition of "respondent" in Section 2(q) of the DV Act. A complaint can now be filed against any person (including a mother-in-law, sister-in-law, or any other female relative) who has committed domestic violence.

Can a woman in a live-in relationship file a DV complaint?

Yes. The Supreme Court in **D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469** held that women in live-in relationships that have the characteristics of a marriage (such as presenting themselves to society as married, being of legal marriageable age, and voluntarily cohabiting) are entitled to protection under the DV Act.

What is the time limit for filing a DV complaint?

The DV Act does not prescribe a specific **limitation period** for filing a complaint. However, the complaint should relate to domestic violence within a continuing domestic relationship. In **V.D. Bhanot v. Savita Bhanot (2012) 3 SCC 183**, the Supreme Court held that even past acts of domestic violence can be the basis for seeking relief, provided the domestic relationship subsists.

How long does a DV case take in court?

Under **Section 12(4)** of the DV Act, the Magistrate is required to endeavour to dispose of the application within **60 days** from the date of its first hearing. In practice, cases may take longer depending on the complexity of the matter, the court's workload, and whether interim orders are sought and contested. However, courts prioritise DV cases.

Can a DV complaint and a Section 498A complaint be filed simultaneously?

Yes. The civil remedies under the DV Act and the criminal remedies under Section 85 BNS (formerly Section 498A IPC) are **not mutually exclusive** and can be pursued simultaneously. The DV Act provides civil reliefs (protection orders, residence orders, monetary relief), while Section 85 BNS is a criminal provision leading to prosecution and punishment.

What happens if the respondent violates the protection order?

Violation of a protection order or interim protection order is a **cognizable and non-bailable offence** under **Section 31** of the DV Act, punishable with imprisonment up to **one year** and/or fine up to **Rs. 20,000**. The aggrieved person can report the violation to the police, and the respondent can be arrested without a warrant.

Is counselling mandatory in DV cases?

Counselling is not mandatory, but the Magistrate may direct the parties to undergo counselling if considered appropriate. Under **Section 14** of the DV Act, if the Magistrate considers it necessary, they may direct the parties to undergo counselling by a member of a service provider registered under the Act.

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**Disclaimer:** This article is published for educational and informational purposes only. It does not constitute legal advice, a solicitation, or an advertisement. The information provided is based on Indian laws and judicial pronouncements as of the date of publication and may be subject to change. No reader should act or refrain from acting based on this article without seeking professional legal advice tailored to their specific facts and circumstances. If you or someone you know is in immediate danger, please contact the police (100) or the Women Helpline (181). For personalised legal guidance, please consult a qualified advocate.