Answer By law4u team
Under the Protection of Women from Domestic Violence Act, 2005, the following persons can be prosecuted for committing domestic violence: 1. Husband – The primary person who can be prosecuted is the husband of the aggrieved woman (victim), if he is responsible for any act of domestic violence including physical, emotional, sexual, verbal, or economic abuse. 2. Relatives of the Husband or Male Partner – The law allows prosecution of any relative of the husband or male partner, including: Mother-in-law Father-in-law Brother-in-law Sister-in-law Uncle, aunt, nephew, or niece Any other relative living in the shared household – These relatives can be male or female, as long as they are involved in perpetrating or abetting domestic violence. 3. Live-in Partners – If a woman is in a relationship in the nature of marriage (live-in relationship), she can file a complaint against the male partner and his relatives, even if they are not legally married. 4. Adult Male Persons (before the 2016 judgment) – Earlier, the Act allowed complaints only against adult male persons. – But after the Supreme Court judgment in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), even women relatives can be made respondents. 5. Protection Officers and Police (in case of non-compliance) – While Protection Officers are not respondents under the Act, if they fail in their duties, they may be liable under other laws or by court orders. What Acts Qualify as Domestic Violence? – Physical abuse (beating, hurting, or injury) – Sexual abuse (non-consensual acts or forced relations) – Emotional/verbal abuse (insults, humiliation, threats) – Economic abuse (denial of money, food, property, medical aid) Legal Consequences for the Accused – The court can issue: Protection orders Residence orders Monetary reliefs Custody orders Compensation orders – If the respondent violates court orders, it becomes a criminal offence under Section 31 of the Act, punishable with up to 1 year imprisonment and/or fine. In summary: Persons who can be prosecuted under the Domestic Violence Act include: – Husband – Male and female relatives of the husband or male partner – Live-in partners and their family members The Act is broad and gender-neutral in terms of respondents, focusing on protecting women from abuse in domestic relationships.
