Home
Legal Advice
Domestic Violence
What protection does a man have if falsely accused of domestic violence?

What protection does a man have if falsely accused of domestic violence?

29-Jul-2025

Domestic Violence

Answer By law4u team

If a man is falsely accused of domestic violence under Indian law, he has several legal protections and remedies: Right to Defend Himself in Court: He can contest the case and present evidence to prove the allegations are false. File for Quashing the Case: Under Section 482 of the CrPC, he can approach the High Court to quash the domestic violence complaint if it is frivolous or an abuse of the legal process. File for Anticipatory Bail: If arrest is apprehended, he can apply for anticipatory bail under Section 438 of the CrPC. File a Complaint for False Allegation: Section 182 IPC – Giving false information to a public servant Section 211 IPC – False charge of offence made with intent to injure These can be invoked against the complainant if the case is proven false. Defamation Suit: He can file a case under Section 499 and 500 IPC for defamation if his reputation is harmed. Compensation for Malicious Prosecution: He can file a civil suit for damages against the false accuser after acquittal. Protection under Article 21 (Right to Life and Liberty): If fundamental rights are violated, he may seek constitutional remedies. Evidence Gathering: Maintain communication records, CCTV footage, call logs, and witness statements to support his innocence. The courts are increasingly cautious and require evidence before granting relief under the Domestic Violence Act, especially in the case of misuse.

Answer By Anik

Dear Client, Even though men are not permitted to file complaints under the Protection of Women from Domestic Violence Act of 2005 a man who has been wrongfully accused may defend himself by using the following legal remedies: Section 482 of the CrPC states that a man may petition the High Court to dismiss a false or pointless domestic violence case on the grounds of procedural abuse or insufficient evidence. Section 340 of the CrPC: He may bring a perjury case against the complainant for malicious prosecution or false evidence. In the event that the accusations have damaged his reputation he may bring a criminal defamation case under Sections 499 and 500 of the Indian Penal Code. Civil Suit for Damages: Under tort law he may file a lawsuit to recover damages for his reputational harm and mental trauma. Counter-FIR: In accordance with the relevant IPC sections he may file a police complaint if there are harassment threats or blackmail (e. g. G. 211 IPC for false accusations 182). Evidence Collection: Since courts value digital evidence (messages recordings and witness statements) obtaining proof of innocence is crucial. Courts may impose costs or penalties on false complainants and they are becoming more cautious about the abuse of domestic violence and related gender-specific laws. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Answer By Ayantika Mondal

Dear Client, Being accused of domestic violence which may or may not be true is a very hurtful experience which in turn brings about legal, social and financial issues. In India we have laws which are put in place for the protection of women in domestic settings but also which report that these laws are being misused which in turn we see the courts and judicial system put in place more for men caught in that issue. 1. First Steps and Issue of Warrants. The first thing you should do is get in touch with an expert in the legal field. A professional lawyer will be able to guide you through the process and also assist you in taking these initial actions:. Anticipatory Bail: Since in the case of a 498A Indian Penal Code which is a non-bailable offense your immediate arrest is a possibility. Via a Section 438 of the Code of Criminal Procedure your lawyer may file for anticipatory bail. This will put off your arrest which in turn will give you and your family time to collect evidence and prepare your defense. Proactive Evidence Collection: Do not wait for a formal legal notice. Start to collect all evidence which proves out the charges. This includes:. Digital records: Messages in the text format from phone, emails, WhatsApp conversations, also call logs which display the false of the accuser’s claims or which prove the accuser’s malevolent intent. Witness statements: Gather up statements from family, friends, neighbors which support your case or which present what really happened. CCTV footage: If present, security camera footage from your home or building is a key piece of evidence. Medical and financial records: Collect all documents which go against reports of physical and economic abuse. 2. Legal Remedies and Countermeasures. The law gives many options to you which you may use to defend yourself also to pursue legal action against the false accuser. Quashing of the FIR: In the High Court you can file a petition under Section 482 of the CrPC to get the false FIR quashed. Also the High Court has the power to drop criminal cases which it determines to be malicious, baseless, or an abuse of the legal system. Filing a Counter-Complaint: You may report a false charge to the police or a court regarding the person who put forth that false accusation. In India this may be done under the terms of several sections of the Indian Penal Code. Section 238 BNS: For presenting a false charge which is to hurt. The punishment is up to two years’ jail. Section 217 BNS: For the presentation of false information to a public officer which results in that officer using his legal power against some other person. Penalty is up to six months’ imprisonment. Section 356 BNS: In defamation which you put forth false info that harmed your reputation. You may file a criminal case for defamation or bring a civil suit to get monetary damage. Perjury Charges: If in the course of court proceedings the accuser is found to present false evidence or to have lied under oath your lawyer may bring a suit against them for perjury. As stated in Section 193 of the IPC the penalty for giving false evidence is a term of up to 7 years’ imprisonment. In it’s landmark decisions the Supreme Court has held that filing of false criminal cases against a spouse is a form of “mental cruelty” and thus is a cause for which divorce may be sought under the Hindu Marriage Act of 1955. The Courts’ Function and Burden of Proof. In all criminal cases including those that are of domestic violence the responsibility of the proof is on the prosecution. In the former’s case they do present the evidence which proves the allegations beyond a reasonable doubt. As for the accused which is you, you do not have to prove your innocence, it is enough that you put in question the credibility of the allegations put forth or that they are made up. While the courts process is at the same time hard on the emotions and the pocket book, putting forth put together and thought out legal effort is the best way to protect you and your family. I have included all the necessary info for you which is meant to clarify your legal rights and what actions you can take. If at all you have more questions or need help, feel free to reach out. Thank you!