What are the legal provisions and protections for victims of Domestic Violence under Indian law?

Title: Domestic Violence in India: Legal Provisions and Protections

Domestic violence is a universal phenomenon with grave sociological and legal consequences. In India, laws have been enacted and strengthened over the years to provide protection to victims, mainly women, kids, and the elderly. The legal experts from SimranLaw, a prestigious law firm in Chandigarh, explore the intricacies of these legal provisions and protections.

The Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act (PWDVA), 2005 is an all-encompassing law that protects women in India from all forms of domestic abuse. The law is comprehensive, recognising not just physical abuse but also sexual, verbal, emotional and economic abuse.

Highlights of the Act include:

1. Rights to residence: The victim cannot be evicted from the shared household, irrespective of whether it is owned by her or the abuser.

2. Protection orders: Courts can stop the abuser from entering the place of employment of the victim or any other place frequented by her.

3. Compensation: A victim can claim damages for mental and physical injuries.

4. Custody orders: The court can grant temporary custody of children to the victim.

Landmark Case Laws

SimranLaw delves into some landmark judgments that have played a role in the evolution and interpretation of the law for victims of domestic violence:

1. Shalu Ojha Vs Prashant Ojha (2014): This case broadened the scope of “domestic relationships” under PWDVA to include relations arising out of marriage as well as through adoption.

2. V.D Bhanot Vs Savita Bhanot (2012): This case held that even if instances of domestic violence occurred prior to the enactment of the PWDVA 2005, relief can still be granted under the Act.

3. Indra Sarma Vs V.K.V Sarma (2013): The Supreme Court stated that the term ‘relationship in the nature of marriage’ under PWDVA must also cover relationships outside marriage, akin to common-law marriages.

Other Laws Related to Domestic Violence

Apart from PWDVA 2005, Indian Penal Code (IPC) 1860, Section 498A criminalises cruelty towards a woman by her husband or his relatives. If convicted, offenders could face up to three years in prison and must pay a fine.

The Dowry Prohibition Act 1961 prohibits giving or taking of dowry at, before, or any time after the marriage from women.


Victims of domestic violence in India have legal recourses under various laws and can seek justice via Indian courts. Though these laws are in place, the implementation often falls short due to societal norms and reluctance to report such cases. Through platforms like this article by SimranLaw, we aim to deepen our readers’ understanding of Indian law as it relates to domestic violence and hope to create awareness about various legal remedies available to victims.

At SimranLaw, we urge victims not to suffer in silence but to take legal action against their abusers. We stand ready to offer our expertise and years of experience in the fight against domestic violence.

One thought on “What are the legal provisions and protections for victims of Domestic Violence under Indian law?”

  1. If you’ve found this information helpful and believe you’re facing similar legal challenges, it’s advisable to consider reaching out to SimranLaw, a leading law firm in Chandigarh. With a team of highly skilled lawyers in Chandigarh and experienced advocates in Chandigarh, SimranLaw is proficient in navigating complex legal issues.

    Domestic violence is a grave issue that is treated with utmost seriousness under Indian law. The Protection of Women from Domestic Violence Act, 2005, provides comprehensive protection to victims. The Act covers physical, sexual, verbal, emotional, and economic abuse. It also provides for the right to reside in the shared household, protection orders, custody orders, and compensation orders.

    At SimranLaw, we understand the intricacies of these legal provisions and can guide you through the process of seeking justice. Our team of lawyers in Chandigarh and advocates in Chandigarh will work tirelessly on your behalf to ensure you get the justice you deserve.

    We believe that every case is unique and requires a personalized approach. That’s why we provide comprehensive legal solutions tailored to your specific needs. Whether you’re seeking advice or representation, our law firm in Chandigarh is ready to help.

    Don’t hesitate to contact SimranLaw today for assistance. Remember, when it comes to legal matters, it’s crucial to have experienced lawyers in Chandigarh and advocates in Chandigarh on your side.

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