What action can the court take against the abuser?

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Answer By law4u team

If a person is found guilty of domestic abuse under Indian law, the court can take several actions against the abuser depending on the nature and gravity of the offence. Here are the main legal remedies and punishments: Under the Protection of Women from Domestic Violence Act, 2005 (PWDVA): Protection Order (Section 18) The court can restrain the abuser from committing further acts of domestic violence or contacting the victim. Residence Order (Section 19) The court can: Restrain the abuser from dispossessing the woman from her shared household Direct the abuser to leave the house Prevent him from entering certain parts of the home Monetary Relief (Section 20) The court can order the abuser to pay for medical expenses, loss of earnings, maintenance, and damages. Custody Orders (Section 21) Temporary custody of children can be granted to the aggrieved woman, with visitation restrictions for the abuser. Compensation Order (Section 22) The abuser may be ordered to pay compensation for physical, mental, or emotional harm caused. Criminal Penalty (Section 31) Violation of court orders (like protection or residence orders) is a punishable offence: Imprisonment up to 1 year Fine up to ₹20,000 Or both Under the Indian Penal Code (IPC): Section 498A IPC – Cruelty by husband or relatives: Punishment: Imprisonment up to 3 years and fine Other IPC Sections may also apply depending on the facts: Section 323 – Causing hurt Section 506 – Criminal intimidation Section 354 – Assault on a woman Section 376 – Rape (if applicable) The court may also direct the police to take preventive or investigative steps, including arrest or supervision. The victim can simultaneously seek civil reliefs under the DV Act and criminal punishment under IPC. Courts often work to provide immediate protection and long-term justice.

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