Domestic violence is one of the most underreported yet legally significant categories of cases in Indian family law. The legal framework governing domestic violence in India is more comprehensive than most victims realise, and understanding it is the first step toward making an informed decision about legal action. This article explains the law, the court process, the remedies available, and what to look for when engaging a lawyer for a domestic violence case in Indore or anywhere in Madhya Pradesh.

The Legal Framework: Two Distinct Tracks

Domestic violence in India is addressed through two separate but overlapping legal frameworks. Understanding the distinction between them is essential because they operate before different courts, offer different remedies, and serve different purposes.

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a civil remedy statute. It is not primarily a criminal law. Its purpose is to provide immediate protection and relief to women who are experiencing or have experienced domestic violence, defined broadly to include physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. The PWDVA allows an aggrieved woman to approach a Magistrate’s Court for protection orders, residence orders, monetary relief, custody orders, and compensation orders. A protection officer appointed under the Act assists in filing applications and preparing domestic incident reports.

Section 85 of the Bharatiya Nyaya Sanhita (BNS) 2023, which replaces Section 498A of the Indian Penal Code, deals with cruelty by a husband or his relatives toward a wife. This is a criminal provision. An offence under Section 85 BNS is cognisable and non-bailable, meaning the police can arrest without a warrant and bail is not a matter of right. The maximum punishment is imprisonment of up to three years and a fine.

These two tracks are not mutually exclusive. A woman facing domestic violence can simultaneously file an application under the PWDVA before the Magistrate Court and lodge an FIR under Section 85 BNS. Many cases involve both proceedings running concurrently.

What Constitutes Domestic Violence Under the PWDVA

The PWDVA defines domestic violence broadly across four categories:

Physical abuse covers any act or conduct that causes bodily pain, harm, danger to life, limb, or health, or impairs the health or development of the aggrieved person.

Sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades, or violates the dignity of the aggrieved person.

Verbal and emotional abuse includes insults, ridicule, humiliation, name-calling, and accusations about character or conduct, including repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

Economic abuse includes deprivation of financial resources to which the aggrieved person is entitled, disposal of household effects, and prohibition or restriction from continued access to resources or facilities which the aggrieved person is entitled to use.

The breadth of this definition is significant. Economic abuse and emotional abuse are legally actionable under the PWDVA even when no physical violence has occurred. Many women do not realise that being denied access to household finances, being forced out of the matrimonial home, or being subjected to sustained verbal abuse qualifies as domestic violence under the Act.

The Court Process Under the PWDVA

The process under the PWDVA begins with the filing of an application before the Magistrate’s Court, either directly or through a Protection Officer. The Magistrate can grant an ex parte interim protection order on the same day the application is filed if the situation is urgent, without waiting for notice to be issued to the respondent.

Once the application is filed, the Magistrate issues notice to the respondent and fixes a date for hearing. The Protection Officer prepares a Domestic Incident Report which forms part of the record before the court. The Magistrate hears both parties and passes appropriate orders.

The orders available under the PWDVA include:

Protection orders directing the respondent to stop committing acts of domestic violence and prohibiting contact with the aggrieved person.

Residence orders allowing the aggrieved woman to continue residing in the shared household regardless of whether she has a legal interest in the property, and directing the respondent not to dispossess her.

Monetary relief covering loss of earnings, medical expenses, loss caused by destruction of property, and maintenance.

Custody orders granting temporary custody of children to the aggrieved person.

Compensation orders directing the respondent to pay compensation and damages for injuries including mental torture and emotional distress.

Violation of a protection order is a criminal offence under the PWDVA and can result in imprisonment of up to one year or a fine or both.

Section 85 BNS: The Criminal Track

An FIR under Section 85 BNS sets in motion a criminal investigation. The police are required to investigate the complaint, record statements, and file a charge sheet before the Magistrate Court. Given that the offence is non-bailable, the accused may be arrested and must apply for bail before the appropriate court.

One of the most litigated aspects of Section 85 BNS cases is the allegation of misuse. Courts, including the Supreme Court, have noted in multiple judgments that Section 498A IPC, now Section 85 BNS, is sometimes invoked in matrimonial disputes without adequate grounds, and have issued guidelines to prevent automatic arrest in all such cases. The Supreme Court in Arnesh Kumar v. State of Bihar (2014) directed that police must apply their minds before arresting in Section 498A cases and that magistrates must not mechanically authorise detention.

This does not mean that genuine victims of cruelty face obstacles. It means that the legal position on both sides of a Section 85 BNS case requires careful legal analysis, and that both the complainant and the accused need proper legal representation.

Maintenance as a Parallel Remedy

Independent of the PWDVA and Section 85 BNS proceedings, a woman facing domestic violence or matrimonial breakdown can apply for maintenance under Section 144 of the BNSS before the Magistrate’s Court. Maintenance under this provision is available to wives, minor children, and parents who are unable to maintain themselves. The Magistrate can award interim maintenance at an early stage pending final determination.

Maintenance can also be claimed under personal law statutes such as the Hindu Adoption and Maintenance Act 1956 or under the Hindu Marriage Act 1955 as part of divorce or separation proceedings before the Family Court. These remedies can run alongside PWDVA and criminal proceedings simultaneously.

What to Look for in a Lawyer for a Domestic Violence Case

Choosing the right lawyer for a domestic violence case requires attention to factors beyond general legal credentials.

Familiarity with both the civil and criminal tracks. A domestic violence case frequently involves proceedings under the PWDVA, an FIR under Section 85 BNS, a maintenance application, and possibly divorce proceedings, all running concurrently. A lawyer who handles only criminal matters or only family law matters may not be equipped to manage all dimensions of the case. Look for a firm with a practice that spans both criminal and family law.

Understanding of interim relief mechanisms. The ability to secure immediate protection through an ex parte interim order under the PWDVA, or to argue for urgent maintenance before the Magistrate, can make a significant difference in the early stages. A lawyer who understands how to move quickly for interim relief is essential in urgent situations.

Sensitivity and confidentiality. Domestic violence cases involve deeply personal facts. The lawyer must treat all information with strict confidentiality and communicate in a manner that is supportive without compromising the legal assessment of the matter.

Litigation capacity across courts. A domestic violence matter may begin before the Magistrate Court but eventually involve the Sessions Court, the High Court for bail matters or revision petitions, and possibly the Family Court for divorce and custody. Engaging a firm with the capacity to handle matters across all these forums avoids the need to change counsel mid-proceeding.

Raghuvanshi Vaidya & Partners handles domestic violence matters across the Magistrate Court, Sessions Court, Family Court, and the Madhya Pradesh High Court. Our practice covers both the civil remedies available under the PWDVA and the criminal proceedings under Section 85 BNS, along with maintenance applications and related family law matters. For a full overview of our family law and criminal law practice, visit our Areas of Practice page.

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