What is the difference between PWDVA 2005 and Section 85 BNS (formerly 498A IPC)?

PWDVA 2005 is a CIVIL law focused on protecting the woman — securing her residence, financial support, and physical safety, with reliefs delivered in days. Section 85 of the Bharatiya Nyaya Sanhita 2023 (which replaced Section 498A IPC on 1 July 2024) is a CRIMINAL provision punishing the husband or his relatives for cruelty to a married woman, with up to 3 years imprisonment and a fine. The two run in parallel — you can file both simultaneously. PWDVA is faster and gives practical protection; Section 85 BNS punishes the abuser. Choose based on what you need most: immediate safety and financial relief, criminal punishment, or both.

What is the women helpline number in India for domestic violence?

The National Commission for Women (NCW) operates a 24×7 helpline for women in distress — call 7827170170 or the new short-code 14490 (launched 24 November 2025) for free assistance. The Government of India runs the Women Helpline at 181, and the universal emergency number is 112. For child-related concerns, call 1098. These helplines connect you with police, shelter homes, medical services, legal aid, and counseling. NCW also accepts WhatsApp complaints on 7827170170.

Domestic Violence Law India — Rights & How to Get Help

Q: What is the Protection of Women from Domestic Violence Act, 2005?

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a civil law that protects every woman in a domestic relationship — wife, mother, daughter, sister, live-in partner — from physical, sexual, verbal, emotional, and economic abuse. It came into force on 26 October 2006. Under the Act, a woman can approach a Magistrate for a Protection Order, Residence Order, Monetary Relief, Custody Order, or Compensation. The Magistrate must fix the first hearing within 3 days and dispose of the application within 60 days from the first hearing.

Q: Who is protected under the Domestic Violence Act, 2005?

Under Section 2(a) of the PWDVA, an aggrieved person is any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence. This includes wives, mothers, daughters, sisters, widows, and live-in partners (relationship in the nature of marriage). The respondent can be the husband, male partner, or any adult male relative — including in-laws — with whom the woman shares or has shared a household. Recent judgments have also allowed cases against female relatives of the husband.

Q: What counts as domestic violence under Indian law?

Section 3 of the PWDVA defines domestic violence broadly to include: (a) physical abuse — hitting, slapping, pushing, causing bodily harm; (b) sexual abuse — any sexual conduct that abuses, humiliates, or violates dignity; (c) verbal and emotional abuse — insults, threats, name-calling, ridicule, threats to harm children; (d) economic abuse — withholding money for household needs, taking away salary or stridhan, denying access to bank accounts, throwing the woman out of the house, dowry-related harassment. A single act of any of these qualifies — repeated acts are not required.

Q: What relief can I claim under the PWDVA 2005?

A Magistrate can grant five types of relief: (1) Protection Order under Section 18 — restraining the respondent from committing further violence, contacting you, or entering your workplace. (2) Residence Order under Section 19 — securing your right to stay in the shared household, removing the respondent if needed. (3) Monetary Relief under Section 20 — for medical expenses, lost earnings, maintenance for you and your children. (4) Custody Order under Section 21 — temporary custody of children. (5) Compensation under Section 22 — for mental torture, emotional distress, and injuries. All five can be claimed in one application.

Q: How do I file a domestic violence case in India?

Three ways: (1) Through a Protection Officer appointed by the State Government in your district — they will help prepare the Domestic Incident Report (DIR) and file the application in Form II under Section 12. (2) Directly through a lawyer to the Magistrate — Judicial Magistrate of the First Class or Metropolitan Magistrate in the area where you reside, work, or where the violence happened. (3) Through a service provider (registered NGO) — they can also file on your behalf. Free legal aid is available under the Legal Services Authorities Act, 1987 if you cannot afford a lawyer.

Q: How long does a PWDVA case take in India?

Section 12(5) of the PWDVA mandates that the Magistrate shall endeavour to dispose of the application within 60 days from the first hearing, with the first hearing fixed within 3 days of receiving the application. In practice, cases often take longer due to court pendency — the Madras High Court found over 1,000 PWDVA cases pending more than 3 years in 2022. However, interim relief — emergency protection orders, residence orders, and monetary support — can be granted on the very first hearing under Section 23, providing immediate protection while the main case proceeds.

Q: Can a man file a domestic violence case in India?

Not under the PWDVA 2005 — the Act protects only women. However, men facing domestic abuse have other remedies: filing a private complaint under the Bharatiya Nyaya Sanhita 2023 for assault or criminal intimidation, filing a civil suit for divorce on grounds of cruelty under personal law, or approaching the police directly under general criminal law. Some High Courts (e.g., Karnataka HC in 2017) have held that a husband can initiate proceedings against the wife under the DV Act in limited circumstances, but this is not the general rule and Supreme Court guidance is still evolving.

What is the Protection of Women from Domestic Violence Act, 2005?

The Protection of Women from Domestic Violence Act, 2005 (Act No. 43 of 2005), commonly known as the PWDVA or DV Act, is India's first comprehensive civil law specifically designed to protect women from violence inside the home. It came into force on 26 October 2006 and applies across all of India.

Before the PWDVA, a woman facing domestic abuse had only one real legal option — filing a criminal case under Section 498A of the Indian Penal Code. That route was slow, required a high standard of proof, and did nothing to immediately protect her or secure her financial survival. A criminal trial could send the abuser to jail eventually, but it could not stop her from being thrown out of her home or cut off from money the next morning.

The PWDVA changed this. It is a civil law with criminal teeth — designed for fast, practical relief. A woman can approach a Magistrate, get an emergency order in days, and secure her right to stay in her home, claim financial support, and prohibit further violence — all without waiting for a criminal trial to conclude.

Civil law, not criminal — but the breach is criminal

The PWDVA itself is a civil law. Filing a case under it does not automatically result in an arrest. However, if the respondent breaches a Protection Order issued by the Magistrate, that breach is a criminal offence under Section 31, punishable with up to one year of imprisonment, a fine up to Rs. 20,000, or both. This combination — fast civil relief plus criminal punishment for breach — is what makes the Act effective.

Key features of the PWDVA 2005

Wide protection — covers every woman in a domestic relationship, not just wives
Broad definition of violence — includes physical, sexual, verbal, emotional, and economic abuse (Section 3)
Fast relief — Magistrate must fix the first hearing within 3 days, dispose within 60 days (Section 12(5))
Right to stay — woman cannot be thrown out of the shared household even if it is owned by the respondent (Section 17)
Multiple reliefs in one application — protection, residence, monetary, custody, compensation
Free legal aid available under the Legal Services Authorities Act, 1987
Protection Officers in every district to help file the case (Section 8)

Who is protected under the Domestic Violence Act, 2005?

This is the most important question to answer first — many women assume the Act only protects wives. It does not.

Under Section 2(a), an "aggrieved person" is any woman who is or has been in a domestic relationship with the respondent and alleges that domestic violence has been committed against her. The relationship can be:

By marriage — wife (current or former)
By blood — mother, daughter, sister, grandmother
By adoption — adopted children, adoptive mothers
By a relationship in the nature of marriage — live-in partners (recognised by the Supreme Court in D. Velusamy v. D. Patchaiammal, 2010)
Family members living together as a joint family — for example, a daughter-in-law living with in-laws

The respondent (the person against whom the case is filed) is typically the husband or male partner, or any adult male relative — including father-in-law, brother-in-law, and other in-laws. Following the Supreme Court ruling in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), female relatives of the husband can also be respondents — including the mother-in-law and sister-in-law.

You don't need to still be living with the abuser

You can file a PWDVA case even if you have moved out of the shared household, as long as the violence occurred during the domestic relationship. The Calcutta High Court ruled in February 2026 that a court has jurisdiction wherever the aggrieved person is currently residing — even temporarily — when economic abuse continues. The Bombay High Court has, however, held that a woman cannot file under PWDVA against a husband she has already divorced (the domestic relationship has ended).

What counts as domestic violence under Indian law?

Section 3 of the PWDVA defines domestic violence very broadly. It is not limited to physical abuse. Five categories are recognised — and a single act in any one of them is enough to file a case. Repeated incidents are not required.

1. Physical abuse

Any act causing bodily harm or pain — slapping, hitting, pushing, kicking, biting, choking, burning, or any other use of force. This is the most familiar form, but it is only one of five.

2. Sexual abuse

Any sexual conduct that abuses, humiliates, degrades, or violates the dignity of a woman — including marital rape (which though not yet criminalised under the BNS, is recognised as domestic violence under PWDVA), forced sexual acts, forcing the woman to watch pornography, or any unwanted sexual touching.

3. Verbal and emotional abuse

This is the most overlooked category but very commonly cited. It includes:

Insults, name-calling, ridicule (especially around childlessness or not having a male child)
Threats to cause physical harm or to hurt children
Continuous taunts about appearance, education, family, or dowry
Threatening to commit suicide or to throw the woman out
Repeated humiliation in front of family members or others

4. Economic abuse

One of the most powerful protections under the Act. Economic abuse includes:

Withholding money for household needs, food, medicine, or children's education
Taking away the woman's salary, jewellery (stridhan), or property
Denying her access to bank accounts, ATM cards, or family finances
Stopping her from working or forcing her to leave her job
Disposing of household property without her consent
Throwing her out of the shared household or denying her residence rights
Dowry-related harassment or demands

5. Dowry-related harassment

Any harassment, injury, or harm — including threats — related to unlawful dowry demands by or for the respondent or his relatives is specifically recognised as domestic violence under Section 3. This is in addition to remedies under the Dowry Prohibition Act, 1961 and Section 80 of the Bharatiya Nyaya Sanhita 2023 (which replaced Section 304B IPC for dowry death).

Even one act qualifies

The Orissa High Court has held that prima facie disclosure of even a single instance of violence is sufficient to maintain a complaint under the PWDVA. You do not need to prove a long pattern of abuse — though documenting multiple incidents strengthens your case for the Magistrate.

Not sure if what you're experiencing counts?

Talk to our AI legal assistant in your language. Free, confidential, no signup needed. We can help you understand your specific situation and what relief you can claim.

Ask Legal AI — free

What relief can I claim under the PWDVA 2005?

This is what makes the Act so powerful. In a single application, you can ask the Magistrate for any combination of five different reliefs — covering protection, residence, money, children, and compensation. You do not need to file separate cases for each.

Relief	Section	What it does
Protection Order	Section 18	Stops the respondent from committing further violence, contacting you, entering your workplace, or alienating shared assets
Residence Order	Section 19	Secures your right to stay in the shared household; can remove the respondent or restrain him from entering
Monetary Relief	Section 20	Maintenance, medical expenses, lost earnings, support for children — separate from any relief under personal laws
Custody Order	Section 21	Temporary custody of children to the aggrieved woman
Compensation Order	Section 22	Compensation and damages for the injuries, including mental torture and emotional distress

The right to reside in the shared household — Section 17

This is one of the most powerful and most misunderstood provisions in the Act. Every woman in a domestic relationship has the right to reside in the shared household — regardless of whether she has any title or ownership over the property.

This means:

You cannot be forced out of the home you share with your husband, even if the house is in his name (or his parents' names)
If you have already been thrown out, the Magistrate can order you to be put back into possession
The respondent may be required to provide alternative accommodation if living together is impossible

The Delhi High Court ruled in March 2025 that a woman's claim under Section 17 seeking the right to a shared household is valid even in the absence of an active act of domestic violence — the right to reside is a standalone right.

Interim and ex parte relief — Section 23

You do not have to wait for a final order. Under Section 23, the Magistrate can grant emergency interim orders on the very first hearing itself — without even hearing the respondent — if the situation requires immediate protection. This typically includes:

An interim Protection Order against further violence
Interim residence rights — you cannot be evicted
Interim monetary support to cover immediate needs

Interim relief is critical because it gives you immediate practical safety and financial breathing room while the main case proceeds.

How to file a domestic violence case in India — step by step

You have three clear paths to file a PWDVA application — pick whichever you can access most easily. All of them lead to the same Magistrate.

Step 1: Ensure your immediate safety

Before anything legal, your safety comes first. If you are in immediate danger, call 112 (national emergency) or 14490 (NCW women helpline). State Governments and registered NGOs operate shelter homes — these are legally bound to admit women in distress under the PWDVA. Reach out to a trusted family member, friend, or shelter if you need a safe place.

Step 2: Quietly document the violence

If safe to do so, gather and preserve evidence. The Magistrate can grant interim relief on the first hearing if there is documentary or witness support. Useful evidence includes:

Photographs of injuries (with date stamps)
Medical records, prescriptions, hospital discharge summaries
Threatening text messages, emails, voicemails — back them up to cloud storage
Audio or video recordings of incidents (legal in India where the woman is a party to the conversation)
Names and contact details of witnesses (neighbours, family members, domestic help)
Bank statements, salary slips, financial records (for proving economic abuse and for monetary relief calculations)
Marriage certificate, ID proofs, address proof

Step 3: Choose how to file

Option A — Through a Protection Officer (free): Every district in India has Protection Officers appointed by the State Government, usually located in the District Women and Child Development office or with NGOs. They are legally required to help you. They will:

Help you prepare a Domestic Incident Report (DIR) — a structured account of the violence
Assist with filing the application in Form II under Section 12
Coordinate with the Magistrate, police, and shelter services
Provide support throughout the case at no cost

Option B — Through a lawyer: If you have access to a lawyer, you can file directly. Free legal aid is available under the Legal Services Authorities Act, 1987 if you cannot afford one — apply through your District Legal Services Authority (DLSA).

Option C — Through a service provider: Registered NGOs working under the PWDVA can file on your behalf. The Government maintains a list — your Protection Officer can connect you to one.

Step 4: File before the Magistrate

The application is filed before the Judicial Magistrate of the First Class or Metropolitan Magistrate with jurisdiction over:

The area where you currently reside (even temporarily)
The area where you work
The area where the violence occurred

The Calcutta High Court confirmed in February 2026 that "current residence" includes temporary residence — you can file in your parents' city if you have moved back. The Magistrate must fix the first hearing date within 3 days of receiving the application.

Step 5: Seek interim relief at the first hearing

On the first hearing, ask for ex parte interim relief under Section 23 — emergency protection, residence rights, and monetary support — without waiting for the respondent to be heard. This gives you immediate safety. The Magistrate will then issue notice to the respondent for the main case.

Step 6: Attend hearings until disposal

Section 12(5) requires the Magistrate to dispose of the case within 60 days from the first hearing. In practice this often takes longer due to court pendency, but interim relief continues throughout. The Supreme Court ruled in February 2025 that physical presence of parties is not always necessary — proceedings under PWDVA being quasi-criminal in nature, you can be represented through your lawyer.

How long does a PWDVA case take in India?

The law and reality differ — and you should know both.

Stage	Statutory timeline	Typical real-world time
First hearing after filing	Within 3 days (Rule 6)	3–10 days
Interim/ex parte relief (Section 23)	Same day as first hearing	First or second hearing
Final disposal	60 days from first hearing (Section 12(5))	6 months to 2 years (highly variable by state)
Breach of Protection Order (Section 31)	Cognisable, criminal — police arrest	Days, if reported promptly

The Madras High Court found in Dr. P. Pathmanathan v. Tmt. V. Monica that over 1,000 PWDVA cases were pending for more than 3 years in Tamil Nadu alone. The Orissa High Court acknowledged in March 2026 that "60-day disposal may not be practical but long adjournments must be avoided."

However, this should not discourage you. Interim relief is what protects you while you wait. Emergency Protection Orders, residence rights, and monetary support can be granted on day one, and they are enforceable from that moment. The 60-day target is for final disposal — your safety and survival do not have to wait that long.

PWDVA 2005 vs Section 85 BNS (formerly Section 498A IPC) — key differences

These two laws are India's main responses to domestic violence — and they work in parallel, not as alternatives. You can file under both at the same time. Many lawyers recommend exactly that.

Note: Section 85 of the Bharatiya Nyaya Sanhita, 2023 replaced the old Section 498A IPC on 1 July 2024. The substantive content is broadly the same — cruelty to a married woman by her husband or his relatives, punishable with up to 3 years imprisonment and fine — but the section number has changed. Cases filed before 1 July 2024 continue under Section 498A IPC; new cases are filed under Section 85 BNS.

Feature	PWDVA 2005	Section 85 BNS (formerly 498A IPC)
Nature of law	Civil (with criminal teeth on breach)	Criminal
Who can file	Any woman in a domestic relationship — wife, mother, sister, live-in partner	Only married women (or their relatives) against husband and his relatives
What you get	Protection, residence, monetary relief, custody, compensation	Conviction and punishment of the abuser (up to 3 years jail + fine)
Speed	Interim relief on day 1; final order target 60 days	Long criminal trial — usually 2–7 years
Burden of proof	Civil — preponderance of probabilities	Criminal — beyond reasonable doubt
Bailability	N/A (civil)	Non-bailable, cognisable

Practical advice: If your priority is immediate safety, financial support, and the right to stay in your home — file PWDVA first. If you also want criminal punishment of the abuser, file Section 85 BNS in parallel. The two cases run independently and one does not affect the other.

Can a man file a domestic violence case in India?

Honest answer: not under the PWDVA 2005. The Act is gender-specific — it protects only women. The Preamble and Section 2(a) make this explicit.

Men facing abuse from spouses or family members have other legal remedies:

File a private complaint under the Bharatiya Nyaya Sanhita 2023 — for assault (Section 131), criminal intimidation (Section 351), wrongful restraint, or causing hurt (Section 115)
Approach the police directly under general criminal law if the abuse involves bodily harm or threats
File for divorce on grounds of cruelty under the relevant personal law — Hindu Marriage Act, Special Marriage Act, etc.
Civil suit for damages if there has been financial harm or harassment

Some High Courts (notably Karnataka HC in 2017) have permitted husbands to initiate proceedings under the DV Act in limited circumstances, but this remains exceptional. There is ongoing public debate about whether the PWDVA should be made gender-neutral; for now, the law as it stands is woman-protective only.

Need help navigating this?

Book a confidential consultation with a verified family lawyer for ₹99. They'll review your specific situation and tell you exactly what to file and where. We can match you with a female lawyer if you prefer.

Book a Lawyer — ₹99

Domestic violence law in India — questions people actually ask

What is the women helpline number for domestic violence in India?

The fastest options are: 14490 — the NCW's new short-code helpline launched 24 November 2025; 7827170170 — the NCW's full 24×7 helpline (also accepts WhatsApp); 181 — the Government women helpline; and 112 — the national emergency number. All are toll-free and operate round the clock. They will connect you to police, shelter homes, medical services, legal aid, and counselling.

Can I file a PWDVA case if I am in a live-in relationship?

Yes. The Supreme Court in D. Velusamy v. D. Patchaiammal (2010) held that a "relationship in the nature of marriage" qualifies as a domestic relationship under Section 2(f) of the PWDVA. The relationship must have characteristics of marriage — the parties hold themselves out as a couple, share a household, are unmarried (or one is widowed/divorced), and have lived together for a significant period. A casual or short-term sexual relationship does not qualify.

Will my abuser go to jail if I file under PWDVA?

Filing a PWDVA case alone does not result in arrest. The Act is civil — the Magistrate issues protective orders rather than imprisoning the respondent. However, if the respondent breaches a Protection Order, that breach is a criminal offence under Section 31, punishable with up to 1 year imprisonment, a fine up to Rs. 20,000, or both. To pursue criminal punishment for the original violence, file a separate complaint under Section 85 BNS or other relevant criminal sections.

Do I need to file an FIR before filing a PWDVA case?

No. The PWDVA is independent of any criminal complaint. You can approach the Magistrate directly under Section 12 — through a Protection Officer, lawyer, or service provider — without filing an FIR. However, if there is also criminal conduct (assault, threats), you can file an FIR in addition for criminal prosecution under the BNS.

What if I do not have evidence of the violence?

Direct evidence is helpful but not strictly required at the application stage. The Domestic Incident Report (DIR), your own affidavit, witness testimony, and circumstantial evidence (medical records, financial records showing economic abuse, messages) can all support your case. The Orissa High Court has held that prima facie disclosure of violence is sufficient to maintain a complaint. Document what you can — but do not let the absence of "perfect" evidence stop you from filing.

Can I file PWDVA against my in-laws?

Yes. Following the Supreme Court ruling in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), respondents under the PWDVA can include adult male and female relatives of the husband — including father-in-law, mother-in-law, brothers-in-law, and sisters-in-law — provided they are part of the shared household or have committed acts of violence.

Is there a time limit for filing a PWDVA case?

The Bombay High Court has held in Shalini v. Kishor (2022) that no statutory limitation period applies to applications under Section 12 of the PWDVA, because domestic violence is a continuing wrong. However, longer the delay, weaker the case becomes practically — courts may question why immediate action was not taken. File as soon as you are safely able to.

What happens if my husband ignores the Protection Order?

Breach of a Protection Order is a criminal offence under Section 31 of the PWDVA. File a fresh complaint with the police — it is a cognisable offence, meaning the police can arrest without a warrant. Punishment is imprisonment up to 1 year, a fine up to Rs. 20,000, or both. Document the breach (CCTV, messages, witnesses) and report it immediately.

Does PWDVA apply to Muslim, Christian, or other non-Hindu women?

Yes. The PWDVA applies to every woman in India regardless of religion, caste, or marital status. It is not a personal law — it is a civil protection law. Muslim, Christian, Sikh, Parsi, and Jewish women all have the same rights under the Act.

Is free legal aid available for PWDVA cases?

Yes. Under the Legal Services Authorities Act, 1987, free legal aid is available to women regardless of income for cases involving domestic violence. Apply through your District Legal Services Authority (DLSA) or directly through the Protection Officer who is also empowered to coordinate legal aid.