Answer By law4u team
Domestic violence cases in India can be addressed through both civil and criminal legal mechanisms. The Protection of Women from Domestic Violence Act (PWDVA), 2005 provides civil remedies such as protection orders and maintenance, while the Indian Penal Code (IPC) handles criminal offenses like assault and harassment through First Information Reports (FIRs). Understanding the distinction helps survivors choose appropriate legal paths and remedies.
Differences Between Civil DV Orders and IPC FIRs
Nature and Purpose
Civil DV Order: Issued by a magistrate under PWDVA to provide immediate protection, maintenance, residence rights, and other civil relief to survivors. It is primarily preventive and protective in nature.
IPC FIR: A criminal complaint registered by police to initiate investigation and prosecution of offenses under the Indian Penal Code such as assault, cruelty, or stalking.
Legal Process
Civil DV Order: Initiated by an application to the Magistrate’s court; involves hearings and may lead to protection orders, residence orders, monetary relief, or custody orders.
IPC FIR: Registered at a police station on receiving information about a cognizable offense; leads to police investigation, charge-sheeting, and criminal trial.
Standard of Proof
Civil DV Order: Based on a preponderance of probabilities — a lower standard of proof to grant relief.
IPC FIR and Criminal Trial: Requires proof beyond reasonable doubt to convict the accused.
Reliefs and Remedies
Civil DV Order: Protection orders (restraining abuser from contact), residence orders, monetary relief, custody of children, compensation, and counseling.
IPC FIR: Criminal penalties including fines, imprisonment, and prosecution of the abuser.
Enforcement
Civil DV Order: Enforcement through magistrate’s orders; violations can lead to contempt of court proceedings.
IPC FIR: Enforcement by police; if evidence is sufficient, trial proceeds in criminal court.
Scope and Coverage
Civil DV Order: Focuses on protection and support to the survivor within the domestic relationship.
IPC FIR: Addresses criminal acts, whether domestic or otherwise, and includes broader offenses.
Practical Implications
Survivors often use both remedies simultaneously for comprehensive protection.
Civil orders offer quicker, flexible relief, while IPC FIRs ensure criminal accountability.
Protection Officers assist in filing both civil applications and police complaints.
Courts and police coordinate for survivor safety and justice.
Example
A woman faces physical and emotional abuse from her husband.
Civil DV Order:
She files an application under PWDVA for a protection order and residence right.
The court issues a restraining order preventing the husband from contacting or harming her.
IPC FIR:
She also lodges an FIR at the police station for assault and criminal intimidation.
Police investigate, arrest the husband, and prosecute him under IPC sections.
