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.

Dear Client, Depending on the type and extent of the alleged abuse the court may pursue a variety of legal measures against the accused. These actions may include economic emotional physical or sexual abuse. The Protection of Women from Domestic Violence Act of 2005 gives the magistrate the authority to grant custody financial relief residence orders and protection orders. The abuser may also be ordered to leave the victim, give money or go to counseling by the court. Under the applicable provisions of the Bharatiya Nyaya Sanhita, 2023 the court may proceed and order the abusers arrest or prosecution if the abuse includes criminal acts such as assault threats, harassment or dowry demands. Non-bailable offenses may be applicable in severe circumstances and the court may refuse bail or place stringent requirements on it. The abuser may also be held in contempt by the court or subject to additional criminal charges for persistent violations. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Dear Client, In in the case of domestic abuse the court may do a number of things to the abuser which will depend on the what the abuse is and how severe it was. These responses which are mainly covered by two important laws in India. This which is a civil law that which puts in place remedies and protection for the victim. The Indian Penal Code (IPC): This is a criminal law which also includes set offenses. Here is a review of what the courts may do in each of the frameworks:. Under the aegis of the Protection of Women from Domestic Violence Act, 2005 (PWDVA). This Act is to provide at once relief and protection to the victim. The court which is usually a Judicial Magistrate may pass the following orders:. Protection Orders: This which is the most common is a which bans the abuser from:. Engaging in any more acts of domestic violence. Entering the victim's home or any other places which she visits. Attempting to reach out to the victim in any way. Removing joint financial accounts of the victim. Residence Orders: These orders which see that the victim’s right to live in the “shared home” is protected at all times which is without regard to whether she may or may not be a property owner. The court can order the abuser to:. Do not remove the victim from the shared household. Remove themselves from the shared household. Provide the victim with equivalent accommodation. Monetary Relief: The court may require the abuser to pay out financial compensation for the victim’s which may include:. Medical expenses due to injuries. Loss of earnings. Losses from damage or removal of property. In also to separate from any other maintenance award. Custody Orders: The court may award temporary custody of a child or children to the victim which in turn will protect their safety and well being. Compensation Orders: The court may also order abusers to pay out for the emotional and mental pain which they cause. Penalty for violating a PWDVA Order: If at any time the abuser breaks these court orders they may face charges of a criminal nature which include time in prison for as long as one year and a monetary fine. Under the Indian Penal Code (IPC) Criminal measures are taken in case of abusers which include imprisonment and fines. The most relevant articles in the IPC are:. This is a type of crime in which a wife is subjected to cruelty at the hands of her husband or his family members. What is put forth as cruelty is a wide term for any willful action which causes a wife to attempt suicide, great injury, or which puts at risk her life, limb, or health (both physical and mental). Punishment includes a term of up to three years’ imprisonment and also a fine. Section 304B (Dowry Death): In the most serious of terms this is a issue. If a woman dies of burns or bodily injury, or takes her life, within a seven year period of marriage and it is proven that she was a subject of cruelty or harassment related to a dowry demand, the abuser is to be sentenced to a minimum of seven years which may in fact be for life. Other Criminal Sections: Depending on the issue of which abuse is in question the abuser may also be charged under other sections of the IPC which include:. Section 323 (Voluntarily causing hurt): Penalty is a term of up to one year in prison or a fine. Section 325 (Voluntarily causing grievous hurt): Penalty is of seven years’ imprisonment and fine. Penalty of up to five years in prison. Section 506 (Criminal intimidation): Sentencing is up to seven years. Important Note It is of the essence that which person is a victim of violence bring forward at the same time civil actions under the PWDVA and criminal cases under the IPC. In the civil case we see issue of secure and relief (for example residence and maintenance) put to rest but in the criminal case we see the issue of the abuser’s conviction and punishment. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!