Law4u - Made in India

What punishment is given for domestic violence in India?

29-Jun-2026
Criminal

Answer By law4u team

Domestic violence in India is dealt with both protection laws and criminal laws depending on the nature and severity of the act. Relevant law: Protection of Women from Domestic Violence Act, 2005 Important point: The Domestic Violence Act is mainly a civil protection law, not a strict criminal punishment law. It focuses on protection orders and relief, not direct jail punishment in most cases. Reliefs under the Act: Protection order (stopping abuse or contact) Residence order (right to stay in shared home) Monetary relief (maintenance and compensation) Custody orders for children Compensation for physical or mental harm Criminal punishment (when violence becomes criminal offence): If domestic violence includes offences under criminal law, then punishment applies under the Bharatiya Nyaya Sanhita, such as: Assault or physical violence → imprisonment and/or fine Criminal intimidation → imprisonment and/or fine Dowry harassment → imprisonment and fine (separate dowry law provisions also apply) Sexual assault → severe imprisonment depending on offence Important examples: Beating or physical abuse → criminal assault charges Threats or mental torture → criminal intimidation Dowry-related cruelty → specific penal provisions Conclusion: Domestic violence itself is mainly handled through protection and civil relief under the DV Act, but any physical, mental, or financial abuse can also lead to criminal punishment under Indian criminal law depending on the act committed.

Answer By Anik

Dear Client, In India domestic violence is addressed through a combination of civil and criminal laws with different consequences depending on the specific legal provision applied. It is important to distinguish between the Protection of Women from Domestic Violence Act of 2005 and the Bhartiya Nyaya Sahita of 2023 which covers the criminal offense of cruelty. The Protection of Women from Domestic Violence Act 2005 is a primary civil remedy. It does not punish the act of domestic violence with jail time directly instant it allows a magistrate to grant protective orders residence orders and monetary relief and compensation to the aggrieved woman. However, if a respondent breaches a protection order or an interim protection order issued by the court the breach becomes a punishable criminal offense under section 31 of the DV Act which carries a penalty of imprisonment for up to one year and a fine of 20000 Rs or both. Criminal punishment for domestic cruelty is primarily addressed under Section 85 of the Bhartiya Nyaya Sahita which replaced Section 498 A of the Indian Penal Code. This section states that a husband or a relative of the husband who subjects a woman to cruelty defined as wilful conduct likely to drive a women to suicide cause grave injury or harassment to coerce unlawful demands for property shall be punished with imprisonment for a term that may extend to three years and shall also be liable to a fine. This offense is classified as cognizable and non bailable meaning the police have the authority to arrest the accused without a warrant and the process is handled under the criminal justice system. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

Criminal Verified Advocates

Get expert legal advice instantly.

Advocate Neha Gupta

Advocate Neha Gupta

Property, Recovery, High Court, Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Immigration, Bankruptcy & Insolvency

Get Advice
Advocate Bhargav Vala

Advocate Bhargav Vala

Cyber Crime, Anticipatory Bail, Criminal, Cheque Bounce, Divorce, Domestic Violence, Family, High Court, Recovery, Consumer Court

Get Advice
Advocate Vadde Urukundu

Advocate Vadde Urukundu

Anticipatory Bail, Civil, Criminal, Cyber Crime, Divorce

Get Advice
Advocate Nirmal Sitaram P

Advocate Nirmal Sitaram P

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Divorce, High Court, Motor Accident

Get Advice
Advocate Advocate K K Verma

Advocate Advocate K K Verma

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Insurance, Motor Accident, Succession Certificate, Wills Trusts

Get Advice
Advocate Mahesh Hooda

Advocate Mahesh Hooda

Criminal, Anticipatory Bail, Family, Cheque Bounce, Cyber Crime

Get Advice
Advocate Dilwar Hussain Choudhury

Advocate Dilwar Hussain Choudhury

Anticipatory Bail, Breach of Contract, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Supreme Court, Wills Trusts, Consumer Court, GST

Get Advice
Advocate Vijaykumar M Parmar

Advocate Vijaykumar M Parmar

Banking & Finance, Cheque Bounce, Civil, Corporate, Court Marriage, Criminal, Family, Revenue

Get Advice
Advocate Bhursing R Pawara

Advocate Bhursing R Pawara

Criminal, Anticipatory Bail, Motor Accident, Child Custody, Civil, Cyber Crime, Domestic Violence, Family, Divorce, Succession Certificate, Property, Recovery, R.T.I, Wills Trusts, Revenue

Get Advice
Advocate Gopala Krishna

Advocate Gopala Krishna

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, High Court, Labour & Service, Medical Negligence, NCLT, Supreme Court, Tax

Get Advice

Criminal Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.