The domestic violence act in India is the Protection of Women from Domestic Violence Act, 2005 (PWDVA). It is a civil law that lets an aggrieved woman ask a Magistrate for protection orders, residence orders, monetary relief, custody and compensation — without first having to file a criminal case. A woman can approach the court directly or through a Protection Officer, and the Magistrate is expected to decide the application as expeditiously as possible.
In plain terms: the PWDVA exists to stop the abuse and secure the woman's home, money and safety, not primarily to punish. This guide explains who the domestic violence act in India protects, what counts as “domestic violence”, the reliefs and orders you can ask for, and the step-by-step complaint process. It is general information, not legal advice.
What is the domestic violence act in India (PWDVA 2005)?
The Protection of Women from Domestic Violence Act, 2005 came into force on 26 October 2006, along with the Protection of Women from Domestic Violence Rules, 2006. It is administered by Magistrate's courts and supported by Protection Officers and registered service providers (typically NGOs).
Unlike a criminal prosecution, the PWDVA is primarily a protective, remedial civil statute. The proceedings are governed by the procedure for criminal courts in many respects, but the orders the court passes — protection, residence, monetary relief — are civil reliefs designed to keep a woman safe and financially supported in real time.
Note on related criminal law: cruelty by a husband or his relatives used to be punished under Section 498A of the Indian Penal Code (IPC), 1860. With the new criminal codes that replaced the IPC, the corresponding provision is now in the Bharatiya Nyaya Sanhita (BNS), 2023 (Section 85 / 86). The PWDVA itself was not repealed and continues to operate. Because numbering and transitional rules are still settling, always verify the current section numbers with an advocate before relying on them.
Who is protected, and who can a complaint be filed against?
Who can seek relief (“aggrieved person”): Under Section 2(a), any woman who is, or has been, in a domestic relationship with the respondent and who alleges she has been subjected to domestic violence. This includes wives, live-in partners “in the nature of marriage”, mothers, sisters, daughters and widows living in a shared household.
Against whom (the “respondent”): Section 2(q) defines the respondent as any adult person who is, or has been, in a domestic relationship with the aggrieved woman. Courts have clarified that complaints can also lie against female relatives (for example, a mother-in-law or sister-in-law), so the respondent is not limited to the husband or male partner alone.
Shared household (Section 2(s)): the house where the woman lives or has lived in a domestic relationship — whether owned or rented by the respondent, jointly or singly. This definition is central to the residence order discussed below.
What counts as “domestic violence” under the Act?
Section 3 of the PWDVA defines domestic violence broadly. It is not limited to physical assault. It covers:
| Type of abuse | What it includes (illustrative) |
|---|---|
| Physical abuse | Assault, hurt, force endangering life, limb or health |
| Sexual abuse | Sexual conduct that abuses, humiliates or degrades the woman's dignity |
| Verbal & emotional abuse | Insults, ridicule, name-calling, threats, especially over dowry or not having a male child |
| Economic abuse | Withholding money, food, clothing; not paying maintenance; disposing of the woman's assets or denying access to the shared household |
Harassment, harm or injury to coerce the woman or any person related to her to meet an unlawful demand for dowry or other property is also expressly covered.
What reliefs and orders can you ask for under the PWDVA?
This is the heart of the domestic violence act in India. The Magistrate can grant the following reliefs, often together in a single proceeding:
Protection order (Section 18)
A protection order prohibits the respondent from committing further acts of violence. The court can bar the respondent from contacting the woman, entering her workplace or children's school, communicating with her, operating shared bank accounts, or causing violence to her relatives. Breach of a protection order is a criminal offence under Section 31 — punishable with imprisonment that may extend to one year, or fine, or both. Our guide on how to get a protection order under the DV Act covers the application in detail.
Residence order (Section 19)
A residence order protects the woman's right to live in the shared household. The Magistrate can:
- restrain the respondent from dispossessing or disturbing the woman's possession of the shared household;
- direct the respondent to remove himself from the shared household;
- restrain the respondent or his relatives from entering the portion where the woman lives;
- direct the respondent to secure alternative accommodation for the woman, or pay rent for it.
Importantly, a woman cannot be thrown out of the shared household simply because she does not own it.
Monetary relief (Section 20)
The court can order the respondent to meet expenses and losses, including loss of earnings, medical expenses, loss caused by destruction of property, and maintenance for the woman and her children (which may be in addition to maintenance under other laws such as Section 125 of the Code of Criminal Procedure, now mirrored in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — verify the current section).
Custody order (Section 21)
The Magistrate can grant temporary custody of any child or children to the aggrieved woman (with visitation arrangements for the respondent, unless that would harm the child).
Compensation order (Section 22)
The court can direct the respondent to pay compensation and damages for injuries, including mental torture and emotional distress.
Interim and ex parte orders (Section 23)
The Magistrate can pass interim and even ex parte orders (without the respondent first being heard) where the application discloses a prima facie case — so a woman is not left unprotected during the case.
How to file a complaint under the domestic violence act in India
The process is meant to be accessible — a woman can move the court herself or with help. Broadly:
- Report / record the incident. Approach a Protection Officer, a registered service provider (NGO), the police, or go directly to the Magistrate. The Protection Officer can prepare a Domestic Incident Report (DIR) in the prescribed form.
- File the application (Section 12). An application for reliefs is filed before the Judicial Magistrate of the First Class / Metropolitan Magistrate in whose jurisdiction the woman resides, the respondent resides, or the cause of action arose. There is no court fee for the application.
- Notice and hearing. The court issues notice to the respondent, usually within a defined period under the Rules, and fixes a date of hearing.
- Interim relief. The woman can seek interim/ex parte protection, residence or monetary relief immediately under Section 23.
- Evidence and final order. Both sides lead evidence; the Magistrate then passes the final order granting one or more reliefs.
- Appeal (Section 29). Either party may appeal to the Court of Session within 30 days of being served with the order.
The Act directs the Magistrate to endeavour to dispose of the application within a target timeframe and to fix the first hearing date promptly — but in practice timelines vary by court and workload. An advocate can give you a realistic local estimate.
PWDVA vs. Section 498A (criminal) — a quick comparison
Women often ask how the domestic violence act in India differs from filing a criminal cruelty case. They are not mutually exclusive; many women pursue both.
| Feature | PWDVA, 2005 (civil) | Cruelty offence (criminal) — old IPC 498A / now BNS s.85–86 |
|---|---|---|
| Nature | Civil, protective and remedial | Criminal, punitive |
| Main goal | Stop abuse; secure home, money, custody | Punish cruelty by husband/relatives |
| Who can be respondent | Adult in a domestic relationship (incl. some female relatives) | Husband or his relatives |
| Typical reliefs | Protection, residence, monetary, custody, compensation | Imprisonment and/or fine on conviction |
| Court | Magistrate (DV proceedings) | Criminal court / trial |
| Can you run both? | Yes — they can run in parallel | Yes |
Section references for the criminal route changed when the IPC was replaced by the BNS, 2023. Confirm the exact, currently-in-force section with an advocate.
Where to get help
Our family and divorce law practice advises women and families on PWDVA applications, interim protection and residence relief, maintenance, and the interaction between domestic violence proceedings and matrimonial cases, on factual, documented matters and in plain language. You may also find our guide on the division of property after divorce useful where financial issues overlap. For the official text of the statute, see the Protection of Women from Domestic Violence Act, 2005 on the India Code portal.
Frequently Asked Questions
Is the domestic violence act in India a criminal or civil law?
The PWDVA, 2005 is primarily a civil law that provides protective and remedial reliefs. However, breach of a protection order under Section 31 is a criminal offence punishable with imprisonment up to one year, fine, or both.
Can only married women file under the PWDVA?
No. Any woman in a domestic relationship can file, including a wife, a live-in partner in the nature of marriage, mother, sister, daughter or widow living in the shared household.
What reliefs can a Magistrate grant under the Act?
The main reliefs are a protection order (S.18), residence order (S.19), monetary relief and maintenance (S.20), custody order (S.21) and compensation (S.22). Interim and ex parte orders are available under Section 23.
Is there any court fee to file a domestic violence complaint?
No court fee is charged on an application filed under Section 12 of the PWDVA. A woman can also approach a Protection Officer or a registered service provider for help.
Can a woman be evicted from the shared household?
A residence order under Section 19 protects a woman's right to reside in the shared household, and she cannot be dispossessed merely because she does not own it. The court can also direct the respondent to provide or pay for alternative accommodation.
Can a complaint be filed against female relatives, like a mother-in-law?
Courts have held that the respondent is not limited to the husband or male partner; complaints can lie against adult relatives, including certain female relatives, who are in a domestic relationship with the aggrieved woman.
Can I file under the PWDVA and a criminal cruelty case at the same time?
Yes. The PWDVA proceeding (civil) and a criminal cruelty case (formerly IPC Section 498A, now under the BNS, 2023 — verify the current section) can run in parallel.
How long does a domestic violence case take?
The Act directs Magistrates to decide applications expeditiously and fix early hearing dates, and interim relief can come quickly. Final disposal time varies by court; an advocate can give a realistic local estimate.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
