If a person is found guilty of domestic abuse under Indian law, the court can take several actions against the abuser depending on the nature and gravity of the offence. Here are the main legal remedies and punishments: Under the Protection of Women from Domestic Violence Act, 2005 (PWDVA): Protection Order (Section 18) The court can restrain the abuser from committing further acts of domestic violence or contacting the victim. Residence Order (Section 19) The court can: Restrain the abuser from dispossessing the woman from her shared household Direct the abuser to leave the house Prevent him from entering certain parts of the home Monetary Relief (Section 20) The court can order the abuser to pay for medical expenses, loss of earnings, maintenance, and damages. Custody Orders (Section 21) Temporary custody of children can be granted to the aggrieved woman, with visitation restrictions for the abuser. Compensation Order (Section 22) The abuser may be ordered to pay compensation for physical, mental, or emotional harm caused. Criminal Penalty (Section 31) Violation of court orders (like protection or residence orders) is a punishable offence: Imprisonment up to 1 year Fine up to ₹20,000 Or both Under the Indian Penal Code (IPC): Section 498A IPC – Cruelty by husband or relatives: Punishment: Imprisonment up to 3 years and fine Other IPC Sections may also apply depending on the facts: Section 323 – Causing hurt Section 506 – Criminal intimidation Section 354 – Assault on a woman Section 376 – Rape (if applicable) The court may also direct the police to take preventive or investigative steps, including arrest or supervision. The victim can simultaneously seek civil reliefs under the DV Act and criminal punishment under IPC. Courts often work to provide immediate protection and long-term justice.
Answer By Ayantika MondalDear Client, Depending on the type and extent of the alleged abuse the court may pursue a variety of legal measures against the accused. These actions may include economic emotional physical or sexual abuse. The Protection of Women from Domestic Violence Act of 2005 gives the magistrate the authority to grant custody financial relief residence orders and protection orders. The abuser may also be ordered to leave the victim, give money or go to counseling by the court. Under the applicable provisions of the Bharatiya Nyaya Sanhita, 2023 the court may proceed and order the abusers arrest or prosecution if the abuse includes criminal acts such as assault threats, harassment or dowry demands. Non-bailable offenses may be applicable in severe circumstances and the court may refuse bail or place stringent requirements on it. The abuser may also be held in contempt by the court or subject to additional criminal charges for persistent violations. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
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