How can you File a Criminal Complaint for Domestic Violence?

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In addition to filing a case for domestic violence, where you can seek, among other things, protection or monetary relief, you can also(( Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736.)) file a criminal case with the Court against the harasser if the violence you faced is severe. By filing a criminal case, the harasser would be punished for the act of violence committed with jail-time and a fine. Your lawyer must inform the Court that both the cases have been filed(( Sirajuddin Khan @ Siraj v. Dr. Shahnaz Firdous M.Cr.C NO. 10341 OF 2011.)).

Before filing the criminal case, you will have to go to the police station and file an FIR. You can file an FIR with the police using Section 498A of the Indian Penal Code, 1860.

A criminal case can be filed for the following reasons(( Section 498A, The Indian Penal Code, 1860.)):

If the harasser drives a woman to commit suicide(( Rupali Devi v. State of U.P & Ors. (2019) 5 SCC 38.)) .
If the harasser causes or tries to cause any grave injury to the woman or danger to the life or health of a woman.
If the harasser affects the mental health of a woman to such a degree that it is a danger to her life.
If the harasser through any words or physical actions causes any mental stress or psychological distress to the woman(( Rupali Devi v. State of U.P & Ors. (2019) 5 SCC 38.)).
If the harasser forces a woman to give dowry or unlawful demand for any property or valuable security.

If convicted by the Court for any of the crimes given above, the harasser will have to pay a fine to the Court and face imprisonment for up to 3 years.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.

Comments

Meet

June 6, 2024

Mam In our Society there are senior citizens who abuse us daily ( giving bad words to mother,sister, and us) because we are playing cricket.
They also try to attack us and they also threatened us..
So please tell us what to do in this situation

Alka Manral

August 20, 2024

For abuse-
Section 79 of BNS- If a person insults the modesty of any woman by any words, sound or gesture, they shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.
356 of BNS-If this person is lowering your reputation in front of everyone, then you can file a case for Section 356 of BNS

For threats and attack-
Section 130 of BNS-If you are being threatened with bodily injury to scare you, or make you do something you do not want to do, you can file an FIR under this section
Section 115 and 117 of BNS-If the harasser has caused injury to you, you can file an FIR for under these sections

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Related Resources

Who can seek Protection against Domestic Violence?

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter.

What is the Time Limit to Complain against Domestic Violence?

There is no specific time limit for filing a complaint against domestic violence, but you must be able to prove that you were in a domestic relationship with the harasser at the time the violence took place.

How can you get Immediate Protection for Domestic Violence?

To seek immediate protection from domestic violence, you should file an application with the Court with the help of a Protection Officer or a lawyer.

What is Counseling under Domestic Violence law?

Counseling refers to the provision of professional guidance by a counselor, who will help you and your harasser settle the matter of the domestic violence you have faced, furnish a guarantee that violence will not repeat, and come up with the best possible solution to the problem of domestic violence.

What is domestic violence?

Domestic violence refers to violent or abusive behavior in a household that causes harm and may put the health and safety of a woman or any child under her custody in danger.

What is a Shared Household ?

You live in a shared household with your harasser if you lived with the harasser, have a domestic relationship with the harasser and have/do not have a legal share in the house.