Answer By law4u team
Threats or intimidation by the abuser’s family towards the survivor are not legally permissible and constitute a form of harassment or criminal intimidation. Indian law provides multiple protections to survivors against such threats, whether from the abuser or their relatives. Courts can issue orders to prevent harassment and ensure the safety and dignity of the survivor during and after domestic violence cases.
Legal Provisions and Protections
Protection Under the Protection of Women from Domestic Violence Act (PWDVA), 2005
The Act protects not only the survivor but also children and any person related to her residing in the household.
Threats, harassment, or intimidation by any family member of the abuser can be addressed through protection orders issued by the court.
Protection Officers can intervene to prevent further intimidation.
Criminal Intimidation Under Indian Penal Code (IPC)
Sections 503 (criminal intimidation) and 506 (punishment for criminal intimidation) of the IPC apply to anyone threatening the survivor with injury, harm, or other consequences.
Such threats by abuser’s relatives can be reported to police and may result in criminal charges.
Restraining and Protection Orders
Courts can issue restraining orders preventing abuser’s family members from contacting, approaching, or threatening the survivor.
Violation of such orders can lead to penalties including fines or imprisonment.
Harassment and Stalking Laws
Under various provisions, persistent harassment or stalking by the abuser’s family can be legally challenged.
Legal Aid and Support Services
Survivors can seek help from Protection Officers, legal aid clinics, and NGOs to file complaints and get court protection.
Consumer/Victim Safety Tips
Immediately report any threats or harassment from the abuser’s family to the Protection Officer or police.
Keep written or recorded evidence of threats (messages, calls, witnesses).
Apply for protection orders and restraining orders through your lawyer or legal aid.
Avoid direct confrontation with threatening family members.
Utilize support groups or helplines for emotional and legal support.
Example
A survivor receives threatening phone calls from the abuser’s relatives warning her to drop the domestic violence case.
Steps Taken:
Survivor reports the threats to the Protection Officer.
The Protection Officer assists in filing an application for a protection order against the abuser’s family members.
The court issues a restraining order prohibiting the relatives from contacting or threatening the survivor.
Police are notified and monitor compliance.
Violators face legal consequences if they breach the court order.
