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Know your rights

Domestic violence: the help path

If you are in danger now, call 112. Abuse is not only hitting: it includes threats, insults, forcing sex, and keeping money or the house from you. The law gives quick, civil protection and a right to stay in the home.

Last updated: Reviewed by IndiaDigital editorsSources

In 30 seconds

Call 181 (women helpline) or 112 in danger. A One Stop Centre (Sakhi) in your district gives shelter, medical help, counselling and legal aid in one place. The Protection Officer helps you file a Domestic Incident Report and an application to the Magistrate for a protection order, a residence order (you cannot be thrown out of the shared home) and money for expenses. You can also file a police complaint.

Call for help

Your rights

Abuse has many forms

Physical, sexual, verbal and emotional, and economic abuse (taking your salary, stopping money for food or rent, selling your things). Dowry harassment counts too.

PWDVA 2005, s.3

Who is protected

A woman living, or who has lived, in a shared household with the abuser in a relationship of marriage, a relationship like marriage (live-in), blood or adoption: wife, partner, mother, sister, daughter, widow.

s.2(a), 2(f)

Right to stay in the shared home

You cannot be evicted from the shared household except by law, whether or not you own any part of it.

s.17, 19

Orders the Magistrate can pass

Protection order (stop the violence, stop contact), residence order, monetary relief (expenses, lost earnings, medical costs, maintenance), temporary custody of children, and compensation. Interim orders can be passed quickly, even before hearing the other side.

s.18 to 23

Time limits

The first hearing is usually within 3 days of the application, and the case should be decided within 60 days of the first hearing.

s.12(4), 12(5)

Criminal law too

Cruelty by husband or relatives is a crime under BNS 85 (old IPC 498A). Dowry death is BNS 80. Breaking a protection order is a separate offence.

BNS 85, 80; PWDVA s.31

What to do, step by step

  1. In danger now: call 112

    Go to a safe place: a neighbour, relative, or the nearest police station.

  2. Call 181 or reach a One Stop Centre

    181 connects you to help 24 hours. The district One Stop Centre (Sakhi) gives shelter, medical aid, counselling and legal help, free.

  3. Meet the Protection Officer

    Every district has one (often in the Women and Child Development office). They help write the Domestic Incident Report and take it to the Magistrate.

  4. Apply to the Magistrate

    Ask for the orders you need: protection, residence, money, custody. Free legal aid (15100) can give you a lawyer.

  5. Keep a small safety kit

    Copies of ID, bank and property papers, medicines, a charged phone, some cash, and important numbers, kept with someone you trust.

Letters and tools that help

Old section to new section

The new criminal laws apply from 1 July 2024. Older cases continue under the old sections.

Old (IPC/CrPC)Now (BNS/BNSS)About
IPC 498ABNS 85, 86Cruelty by husband or relatives
IPC 304BBNS 80Dowry death
IPC 354ABNS 75Sexual harassment

This is general information, not legal advice. Laws and state rules change; check the official source or ask a lawyer. Free legal aid: call NALSA 15100 or visit your District Legal Services Authority.

Questions people ask

Do I need to file a police case to get protection?

No. The PWDVA is a civil remedy: you can go to the Magistrate through the Protection Officer or a lawyer without a criminal case. You can also do both.

Can I get help if I left the house?

Yes. The law covers women who have lived in the shared household, and the Magistrate can order you back into the home or order rent for another place.

Is my information kept private?

Proceedings can be held in camera if you ask. Helplines and One Stop Centres keep your details confidential.

Sources

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