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Domestic Violence
Domestic violence includes physical, emotional, sexual, and economic abuse within domestic or intimate relationships. With the enactment of the Bharatiya Nyaya Sanhita (BNS), 2023, India has updated its criminal code, replacing parts of the Indian Penal Code (IPC).
Key Criminal Provisions under BNS Related to Domestic Violence
1. Section 85 – Cruelty by Husband or Relatives
- Definition: Cruelty (physical or mental) inflicted on a woman by her husband or in-laws.
- Punishment: Up to 3 years imprisonment and fine.
- Nature: Cognizable and non-bailable.
2. Section 86 – Definition of Cruelty
Provides detailed explanation of what constitutes “cruelty” (e.g., dowry harassment, mental torture).
3. Section 73 – Dowry Death
- Applies when: A woman dies within 7 years of marriage under suspicious conditions after dowry harassment.
- Punishment: Minimum 7 years, extendable to life imprisonment.
- Nature: Cognizable and non-bailable.
4. Section 82 – Bigamy
- Offense: Marrying again during the lifetime of a spouse, with or without disclosure.
- Punishment: Up to 7 years imprisonment and fine.
5. Section 63 – Rape
- Note: Marital rape is not criminalized unless the wife is under 18 years old.
- Punishment: Minimum 10 years to life imprisonment.
Civil Protection under the Domestic Violence Act, 2005
The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides civil remedies such as:
- Protection Orders (restraining the abuser)
- Residence Orders (right to reside in shared household)
- Monetary Relief (compensation for expenses and losses)
- Custody Orders (protection of children)
- Counseling and Mediation
This law applies to wives, mothers, daughters, sisters, widows, and live-in partners.
Summary Table of Relevant BNS Sections
| BNS Section | Offense | IPC Equivalent | Punishment |
|---|---|---|---|
| Section 85 | Cruelty by husband or relatives | IPC 498-A | Up to 3 years + fine |
| Section 86 | Cruelty defined | Explanation to IPC 498-A | Defines cruelty types |
| Section 73 | Dowry death | IPC 304-B | 7 years to life |
| Section 82 | Bigamy | IPC 494/495 | Up to 7 years + fine |
| Section 63 | Rape (with exception for wife over 18) | IPC 375/376 | 10 years to life |
Need Legal Help?
If you or someone you know is experiencing domestic violence:
- Contact local police or Protection Officer
- File a complaint under BNS or seek civil remedies under PWDVA
- Reach out to NGOs or Legal Services Authorities for free support