How can you File a Criminal Complaint for Domestic Violence?

Last updated on Jun 24, 2022

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.

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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

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