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Domestic Violence

Domestic violence
Date of Issue

Domestic Violence

Domestic violence

MATRIMONIAL Disputes, Domestic Violence

In India, domestic violence is a recognized crime, and several legal provisions exist to protect victims and punish offenders.

  1. The Protection of Women from Domestic Violence Act, 2005 (PWDVA): This is the primary law that addresses domestic violence in India. It provides protection to women who face physical, emotional, sexual, verbal, or economic abuse from a partner or family member. The law allows victims to seek various forms of relief, such as protection orders, residence rights, and financial compensation. It also provides for the appointment of Protection Officers who assist victims in accessing legal help.

  2. Section 498A of the Indian Penal Code (IPC): This section of the IPC criminalizes cruelty against a wife by her husband or his relatives. "Cruelty" includes any act that causes physical or mental harm, harassment related to dowry demands, or driving a woman to commit suicide. It is a cognizable and non-bailable offense, meaning the accused can be arrested without a warrant.

  3. Dowry Prohibition Act, 1961: While primarily aimed at stopping the dowry system, this act is often used in cases of domestic violence linked to dowry demands. Under this law, demanding, giving, or taking dowry is illegal.

  4. Section 125 of the Criminal Procedure Code (CrPC): This provision allows a wife, child, or parents to seek maintenance from a person who neglects or refuses to provide support. It ensures that victims of domestic violence, particularly wives, receive financial assistance.

  5. Family Courts Act, 1984: Family courts have been set up to deal with family matters, including domestic violence cases. They offer a quicker and more streamlined process for victims seeking protection or relief.

These legal provisions aim to protect women from domestic violence and provide them with avenues for justice and support.

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