- 19-Apr-2025
- Healthcare and Medical Malpractice
Domestic violence is a serious crime that affects individuals physically, emotionally, and psychologically. The police play a crucial role in addressing domestic violence cases by ensuring the safety of victims, investigating the crime, taking appropriate legal actions, and helping victims access support services. In India, various laws such as the Protection of Women from Domestic Violence Act, 2005 (PWDVA) and the Indian Penal Code (IPC) provide legal frameworks for police intervention in domestic violence cases.
Receiving the Complaint or Information:
The first step in any domestic violence case is for the police to receive information about the abuse. This can be in the form of a formal First Information Report (FIR), a complaint, or even an oral report by the victim or a third party.
How the police act: Police are required to register an FIR under Section 154 of the Criminal Procedure Code (CrPC) if the victim reports any form of domestic violence, whether physical, emotional, economic, or sexual abuse. Failure to do so can result in legal consequences for the police.
Providing Immediate Protection:
The police must take immediate action to protect the victim from further harm. In cases of ongoing violence or imminent danger, they may:
Example: If a woman is being physically attacked, the police can intervene by immediately removing the abuser from the residence and providing the victim with temporary shelter.
Filing an FIR and Initiating Legal Action:
Once the FIR is filed, the police are required to investigate the case under relevant sections of the Indian Penal Code (IPC), such as Section 498A (cruelty), Section 354 (outraging a woman's modesty), Section 306 (abetment to suicide), or Section 323 (causing hurt).
The police must gather evidence, such as medical reports, witness statements, and photographs of injuries, to support the victim’s claims.
Example: After a woman files an FIR accusing her husband of physical abuse, the police will investigate by interviewing witnesses, collecting evidence, and conducting a medical examination to document injuries.
Issuing Protection Orders under PWDVA:
Under the Protection of Women from Domestic Violence Act (PWDVA), 2005, the police can assist the victim in obtaining protection orders to prevent further abuse. These orders can restrict the abuser’s access to the victim’s home or workplace, and mandate the abuser to cease all forms of harassment.
How it works: The police can approach the Judicial Magistrate on behalf of the victim to request a Protection Order. The police may also assist the victim in obtaining an interim order (temporary order) if the situation is urgent.
Example: If a woman is facing ongoing emotional and physical abuse from her partner, the police can help her obtain a protection order that restricts the abuser from approaching her.
Arresting the Perpetrator:
The police have the authority to arrest the perpetrator if the victim's complaint falls under any provisions of the IPC or if there is enough evidence to suggest that an offense has been committed.
Arrest without a warrant: In cases of domestic violence, the police can make an arrest without a warrant if the crime is a cognizable offense under the IPC, or if they have reasonable belief that the perpetrator poses a threat to the victim's life or safety.
Example: If the abuser has physically assaulted the victim and there is evidence such as medical records or witness statements, the police can arrest the abuser and take them into custody.
Providing Medical Assistance:
Police should ensure that the victim receives medical help if they have been physically harmed. In cases where the victim has sustained injuries, the police can accompany them to the hospital and ensure that medical reports are obtained for legal proceedings.
Medical examination: The police may also facilitate the collection of forensic evidence such as photographs of injuries, which can be used in court.
Example: After a victim reports physical violence, the police can accompany her to the hospital, where a doctor will examine her and provide a medical report to support the case.
Helping Victims Access Legal Aid:
The police play a role in guiding victims to legal aid and support services. Victims of domestic violence can be provided with information about how to access free legal aid, such as through the State Legal Services Authority or through NGOs that specialize in women's rights and domestic violence.
Example: If the victim is financially unable to hire a lawyer, the police can inform her about the available government or NGO-led legal aid programs.
Encouraging Counselling and Mediation:
In some cases, especially when the violence is not severe, the police may refer the victim and perpetrator to counseling services or mediation. However, this is only applicable when both parties agree, and the safety and well-being of the victim is the primary concern.
Example: In a case where the violence is emotional or verbal rather than physical, the police may suggest counseling for both the victim and the abuser to help resolve underlying issues.
Preventive Actions and Follow-Up:
After the initial response, the police should monitor the situation to prevent further incidents of violence. This includes follow-up visits to check on the victim’s well-being and to ensure that the protection order is being respected.
Example: The police may visit the victim’s residence after a protection order has been issued to ensure that the abuser is not violating the terms of the order and continuing the abuse.
Example: A woman, Maya, approaches the police after her husband repeatedly assaults her. The police take her complaint seriously, file an FIR under Section 498A (cruelty) of the IPC, and arrange for her immediate medical examination. They arrest her husband based on the evidence, and the police also assist Maya in obtaining a protection order under the Protection of Women from Domestic Violence Act. Furthermore, the police ensure that Maya has access to free legal aid and direct her to a nearby women’s shelter for safety. In subsequent follow-ups, the police monitor her situation to ensure she remains safe.
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