What is a Domestic Incident Report?

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[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

Domestic incident report (DIR)¹ is a report that is made on receiving a complaint of domestic violence from a woman. This report can be made by either a Protection Officer or a service provider. The DIR will contain details such as your name, age, details of the harasser, details of the incident of violence that happened, etc. To file a DIR, you can approach any of the following officers/persons:

Protection Officer

A protection officer upon receiving a complaint has to fill the DIR and inform you of your legal rights under the law. You will also get a free copy of the DIR to keep with you. Afterwards, the protection officer will send the Domestic Incident Report and an application to the Court to start a case. The DIR will also be forwarded to the police station or Service Providers.

Service Provider

A service provider upon receiving a complaint has to fill the DIR and put you in touch with a Protection Officer or send it to the Court². If you have been injured, a service provider will help you get a medical examination done and the report will be forwarded to the Protection Officer or police station. They also help you get in touch with shelter homes where you can stay away from the harasser.

Police Officers

If you cannot find a Protection Officer or a service provider, you can approach the nearest police station to file a complaint. The officers will put you in touch with a Protection Officer and give you the option of filing the following:

FIR (First Information Report)

By filing a First Information Report, a criminal case can be initiated against the harasser. The police will give you the option of filing an FIR at any point if you want to pursue a criminal complaint³.

DIR (Domestic Incident Report)

If you do not want to initiate criminal proceedings by filing an FIR then the police officer has to make a daily diary entry about the domestic violence you faced, and enter details per the DIR forwarded to the police by the PO. If such information is not available, the police will put you in touch with a Protection Officer to file a DIR and get this information for the daily diary.

Person-in-charge of Medical Facilities

If you have approached a medical facility and have not yet filed a DIR, the person-in-charge of the medical facility must file a DIR, and forward it to the Protection Officer.

Section 2(e), The Protection of Women from Domestic Violence Act, 2005.[↩]
Section 10 (2) (a), The Protection of Women from Domestic Violence Act, 2005.[↩]
Form I(8), Section 2(e), The Protection of Women from Domestic Violence Act, 2005.[↩]

Comments

Sandhya

September 19, 2022

15 years of my married life was happy with my husband.He was a gods gift to me. My husband Younger sister (sister in law) always scolds me and provokes me to die. Last month I commited suicide because of sister in law. My father in law was not there..My mother in law was a Algimer patient and iam taking care of her from 3.5 years. and rest of my husbands brothers did not take care of her mother.my mother in law have one house and all brothers agreed to give that house to me without written letter which is in the name of my mother in law. One of the plot of my father in law..was registered in the name of my sister in laws (2) members Last 3.5 years iam only the take care for my mother in law. She has gold of 7 thulas..in the last month i said that i did not give gold to the sister in laws because that plot registered for the sister in law was more value compared to the house value of my mother in law which was agreed to give to me. Now the point is my sister in law saying that and scolding that( all false statements) iam not keeping rice to their mother, I was pushing from the chair, and beating their mother etc.. etc… She was scolding because I said know I did not give gold to sister in law… Keeping that point in mind … They took their mother from my house by scolding me… and said to all family members that my mother in laws house was selling…with that money they are joining in old age home and after her death they will share the remaing money to all brothers and gold for small kids like grand son ,grand daughter . Why they not asked in between three years..last month only i said about gold that’s why sister in laws are playing games… and they are torturing with their bad words.. What to do plz help…
..

Nyaaya

September 26, 2022

Thank you for writing to Nyaaya. We understand that you are in a very difficult situation and are sorry that you have to face this. To take action for your rights, you can:
You can visit your nearest police station and file a complaint regarding domestic violence against your sister in law. The aggrieved person or any other witness of the offence on her behalf can approach a Police Officer, Protection Officer, and Service Provider or can directly file a complaint with a Magistrate for obtaining orders or reliefs under the Act. The informant who in good faith provides information relating to the offence to the relevant authorities will not have any civil or criminal liability. You can also approach national commission for women (http://www.ncw.nic.in/). Helpline number -7827170170.
With regards to the division of property and securities, you can approach the court through a lawyer by providing documents of the concerned property along with other required proofs. You can contact the District legal service authority of your state for free legal aid (https://districts.ecourts.gov.in/district-legal-service-authority-3).

Vimalan

January 13, 2024

My wife has stayed with me and family only for 6 days after marriage, after then she went to her mother house for group exam for 2 months. After the exam completed I asked to come but she said I had earn money for my parents, I had given complaint at AWPS, then also she had not stayed with me, lot of problems she had given . I had applied for divorce after 1 year, but after 15 months she filed DV case against me and my family with false statement and in that case judge has given order to give her space in my house and for that I had gone for appeal, in that appeal judge has given order as to give lot of money. She had already worked as teacher, and now also working somewhere else. She had not proven any thing. But judgement has given favour for her. Totally disappointed on court. How can a lady can file case without lived in the matrimonial house.

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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.