Law4u - Made in India

Can minors be charged with domestic violence offenses?

14-Mar-2024
Domestic Violence

Answer By law4u team

In India, minors (individuals under the age of 18) can be charged with domestic violence offenses under certain circumstances. While domestic violence laws primarily focus on protecting victims from abuse perpetrated by adult family members or intimate partners, minors can also be held accountable for their actions if they engage in behaviors that constitute domestic violence. Here's how minors may be charged with domestic violence offenses: Protection of Women from Domestic Violence Act, 2005 (PWDVA): The PWDVA provides legal protection and recourse to victims of domestic violence, including spouses, partners, and family members. The definition of "respondent" under the PWDVA includes adult male relatives who engage in domestic violence against women, but it does not explicitly exclude minors. While the primary focus of the PWDVA is on providing protection to adult victims, the Act does not specifically exempt minors from being respondents in cases of domestic violence if they meet the criteria for being a perpetrator of violence. Indian Penal Code (IPC): The IPC contains provisions that criminalize various forms of domestic violence, including physical abuse, mental cruelty, harassment, and intimidation. Offenses such as assault, criminal intimidation, stalking, and cruelty by husband or relatives may apply to minors if they engage in such behaviors against family members or intimate partners. Minors charged with domestic violence offenses under the IPC may be subject to criminal prosecution, adjudication in juvenile justice courts, and appropriate legal sanctions or interventions. Juvenile Justice (Care and Protection of Children) Act, 2015: The Juvenile Justice Act governs the juvenile justice system in India and establishes procedures for the care, protection, and rehabilitation of children in conflict with the law. Minors accused of domestic violence offenses may be considered "children in conflict with the law" and subject to the provisions of the Act. The Act emphasizes the rehabilitation and reintegration of juvenile offenders into society while holding them accountable for their actions through appropriate legal processes and interventions. Case-specific Considerations: In cases involving minors as perpetrators of domestic violence, law enforcement authorities and judicial authorities may consider factors such as the age, maturity, mental capacity, and circumstances of the minor offender. They may also assess the severity of the offense, the impact on the victim, and the need for intervention and rehabilitation. Overall, while minors can be charged with domestic violence offenses in India, the legal response may vary depending on the specific circumstances of the case and the applicable laws and procedures governing juvenile justice. Efforts are made to balance accountability with the best interests of the minor and the safety and well-being of the victim.

Domestic Violence Verified Advocates

Get expert legal advice instantly.

Advocate S Satheeshkumar

Advocate S Satheeshkumar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, International Law, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Supreme Court, Revenue, Banking & Finance

Get Advice
Advocate Shashank Dubey

Advocate Shashank Dubey

Anticipatory Bail,Banking & Finance,Cheque Bounce,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Insurance,Labour & Service,Motor Accident,Muslim Law,NCLT,Property,R.T.I,Succession Certificate,Wills Trusts,

Get Advice
Advocate Aakash Kumar Mishra

Advocate Aakash Kumar Mishra

Anticipatory Bail, Bankruptcy & Insolvency, Cheque Bounce, Child Custody, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Labour & Service, Motor Accident, Property, Recovery, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Civil, Court Marriage, Corporate, Customs & Central Excise, Cyber Crime, Documentation, High Court, Immigration, Insurance, International Law, Landlord & Tenant, Media and Entertainment, Medical Negligence, NCLT, Patent, Startup, RERA, Supreme Court, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue, R.T.I

Get Advice
Advocate Dhanendra Srivastava

Advocate Dhanendra Srivastava

Anticipatory Bail,Cheque Bounce,Court Marriage,Criminal,Divorce,Domestic Violence,Family,GST,Child Custody,

Get Advice
Advocate Banti Dhakad

Advocate Banti Dhakad

Anticipatory Bail, Cheque Bounce, Criminal, Domestic Violence, Motor Accident, Divorce, Family, Court Marriage, Child Custody, Consumer Court, High Court, Muslim Law, R.T.I

Get Advice
Advocate Joseph Jerry

Advocate Joseph Jerry

Anticipatory Bail, Arbitration, Consumer Court, Civil, Cheque Bounce, High Court, Criminal, Cyber Crime, Divorce, Domestic Violence, GST, Family, Trademark & Copyright, Insurance, Customs & Central Excise, Bankruptcy & Insolvency, R.T.I

Get Advice
Advocate MM Dodiya

Advocate MM Dodiya

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright

Get Advice
Advocate Ajit Bonia

Advocate Ajit Bonia

Criminal,High Court,Domestic Violence,Cyber Crime,Anticipatory Bail,

Get Advice
Advocate Mitrarun Datta

Advocate Mitrarun Datta

Civil, Criminal, Arbitration, Cheque Bounce, Breach of Contract, Consumer Court, Divorce, Family, Property, Motor Accident, Medical Negligence, Domestic Violence, Cyber Crime, Court Marriage, Anticipatory Bail

Get Advice
Advocate S Mallikarjuna Rao

Advocate S Mallikarjuna Rao

Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Insurance, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice

Domestic Violence Related Questions

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