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Criminal Law

How to File a Domestic Violence Complaint in India

How to file a domestic violence complaint in India: the DV Act 2005 route, an FIR for cruelty, and the protection orders a magistrate can pass.

The short answer

To file a domestic violence complaint in India you have three main paths: an application before a Magistrate under the Protection of Women from Domestic Violence Act, 2005; an FIR at the police station for offences such as cruelty; or a complaint through the district Protection Officer or a registered service provider. You do not have to choose only one, and the DV Act route does not require an FIR first.

The order in which the routes are used matters. Safety usually comes first, then a place to live, then money; the court can pass orders on each of these, and it can do so while a criminal case proceeds in parallel.

The three routes open to you

The Protection of Women from Domestic Violence Act, 2005, called the DV Act, was made to give a woman quick civil protection, where earlier the law offered mainly a criminal complaint. It lets her ask a Magistrate for orders about her safety, her home, money and even the custody of her children. The second route is the criminal law, where cruelty by a husband or his relatives is an offence that the police can investigate. The third route is help on the ground, through the Protection Officer or a service provider, who can assist with a shelter, medical treatment and the paperwork.

These routes are not exclusive. A woman can apply under the DV Act and also have an FIR registered, and the two proceedings can run side by side. What matters is that the complaint is made early enough to preserve evidence and to prevent further harm.

A complaint can be made orally or in writing, and the person who records it should explain the process. Where a woman cannot write, the Protection Officer or a service provider can prepare the application and read it back to her before it is signed, so that what reaches the court reflects her own account.

Route one: an application under the DV Act, 2005

The central provision is Section 12, which allows an application to be presented to the Magistrate seeking one or more of the reliefs the Act provides. The application can be filed by the aggrieved woman herself, or by a Protection Officer, a service provider, or any other person on her behalf. That flexibility is deliberate, because many women are not in a position to file on their own.

Section 9 sets out the duties of the Protection Officer, who is appointed for each district and can help record the complaint, arrange shelter and medical care, and forward the matter to the court. Many districts in West Bengal have a Protection Officer attached to the Women and Child Development department. A woman who approaches a Protection Officer or a service provider does not lose the right to go to the police or the Magistrate afterwards.

Once the application is received, the Magistrate can hear it and pass interim orders, including under Section 23, where the circumstances require immediate protection. The proceedings are meant to be quick and accessible, and an application can be supported by a domestic incident report prepared by the Protection Officer.

The DV Act application is not weighed down by heavy court fees, and a woman who cannot afford an advocate can seek free legal aid through the District Legal Services Authority, which arranges counsel at no cost to her.

Route two: an FIR for cruelty

Cruelty by a husband or his relatives is a criminal offence. From 1 July 2024 this is covered by Section 85 of the Bharatiya Nyaya Sanhita, 2023, which replaced Section 498A of the Indian Penal Code, 1860. Section 86 of the Sanhita defines cruelty, and covers both conduct that causes grave injury or danger to life, limb or health, and harassment aimed at extracting an unlawful demand for property or money.

The offence is cognizable, meaning the police can register a case and investigate without a Magistrate's order, and it is generally non-bailable and non-compoundable. An FIR is registered at the police station under whose jurisdiction the incident took place, or where the woman lives if the domestic violence spans more than one place. A woman who faces a refusal to register can approach the Superintendent of Police or the Magistrate under the procedure for a complaint, and the National Commission for Women provides an online grievance channel as well.

Where a demand for dowry is part of the complaint, the Dowry Prohibition Act, 1961 also applies; Section 3 penalises the giving and taking of dowry, and Section 4 penalises the demand itself. The police complaint for cruelty and the dowry provisions can be recorded together.

A first information report sets the criminal law in motion, and a copy is given to the complainant free of charge. If the police refuse to register it, the complainant can send the substance of the information in writing to the Superintendent of Police, and if that fails, approach the Magistrate under the procedure for a complaint.

Which route to choose

RouteWhat it gives youWhere it is filed
DV Act, 2005 applicationProtection, residence, monetary, custody and compensation ordersJudicial Magistrate First Class
FIR for crueltyCriminal investigation and prosecutionPolice station with jurisdiction
Complaint to Protection Officer or service providerFiling help, shelter, medical care and a domestic incident reportDistrict Protection Officer

In practice the two main routes are often used together. The DV Act application is usually better for immediate safety and for the home and money questions, while the FIR is what starts a criminal prosecution. Neither route requires the other, and a lawyer will advise on the order that suits the facts.

The reliefs a Magistrate can grant under the DV Act

  • Protection order under Section 18, restraining further acts of domestic violence.
  • Residence order under Section 19, allowing the woman to stay in the shared household and restraining the respondent from evicting her.
  • Monetary relief under Section 20, covering maintenance, medical expenses and compensation for loss.
  • Custody order under Section 21, for temporary custody of children.
  • Compensation order under Section 22, for mental torture and emotional distress.
  • Interim and ex parte orders under Section 23, where the situation calls for immediate protection before the other side is heard.

These orders are civil in nature and are enforced by the Magistrate. Breach of an order can carry consequences, so a copy of every order should be kept safely and produced when needed.

Emergency helplines and support

In an emergency, dial 112, the national emergency number, which connects to police, fire and ambulance services. The 181 women helpline offers counselling and referral to shelters and legal aid, and 1091 is a women-in-distress line operated in many cities and states. For a child in danger, 1098 is the child helpline.

A woman in West Bengal can also reach the local police station, the district Protection Officer, the District Legal Services Authority for free legal aid, or a one-stop centre under the scheme for women affected by violence. These points of contact exist alongside the courts, and using one does not close the others.

Record every call on a helpline and note the reference number, because it becomes part of the chronology of the case. Shelters and one-stop centres accept a woman who is in danger without insisting that she first lodge a police complaint.

Documents and evidence to keep ready

  • Proof of identity and address of the complainant.
  • Proof of the marriage or the relationship, if it is relied upon for the complaint.
  • Medical records, prescriptions and injury reports, with dates.
  • Photographs or videos of injuries or damage, and screenshots of messages, if any.
  • Details of earlier complaints to the police, the Protection Officer or the National Commission for Women.
  • Names of witnesses and their contact details.
  • A list of the shared household and the income of the respondent, which is relevant for maintenance.

A diary of dates and incidents, kept as events happen, is far more useful later than a memory reconstructed months afterwards. The complaint should set out the incidents in sequence and identify the persons involved.

Getting advice early

Domestic violence matters are urgent and often connected to other disputes, since maintenance, custody and residence questions overlap with the criminal complaint. Early advice helps fix the facts clearly and choose the route that protects the person first. An advocate can draft the Section 12 application, accompany the complainant to the Protection Officer, and advise on the parallel FIR. Where children are involved, our guide on the documents needed for a child custody case explains how custody is handled. To discuss your own situation, book a free consultation or review the services offered here.

Common questions

Frequently asked questions

How do I file a domestic violence complaint in India?
You can apply to a Judicial Magistrate First Class under Section 12 of the Protection of Women from Domestic Violence Act, 2005, file an FIR at the police station for cruelty, or approach the district Protection Officer or a service provider. The application can be filed by the woman herself or by a Protection Officer, a service provider or any person on her behalf.
Is an FIR necessary to get relief under the Domestic Violence Act?
No. A DV Act application is an independent civil remedy and does not require a prior FIR. You can seek protection, residence, monetary and custody orders from the Magistrate on their own, and an FIR can be filed separately if a criminal offence has also been committed.
What is the difference between a DV Act application and a 498A case?
A DV Act application is a civil proceeding before a Magistrate for protection, residence, money and custody. A 498A case, now covered by Section 85 of the Bharatiya Nyaya Sanhita, 2023, is a criminal offence for cruelty by a husband or his relatives, which the police investigate and prosecute. The two can run together.
How long does a domestic violence case take?
The DV Act is designed for quick relief, and a Magistrate can pass interim orders under Section 23 soon after the application, often within the first few hearings. A full disposal, however, depends on the court and the evidence, and can run for many months, so interim protection is usually sought at the outset.
Can a man file a domestic violence complaint in India?
The Protection of Women from Domestic Violence Act, 2005 is framed to protect women, so a man cannot seek its reliefs as an aggrieved person. A man in a similar situation may instead pursue remedies under the general criminal law, such as a complaint for assault or criminal intimidation, on the facts of his case.
What is the 181 helpline for domestic violence?
The 181 women helpline provides counselling and referral to shelters, medical help and legal aid for women facing violence. For immediate danger, 112 is the national emergency number, and 1091 is a women-in-distress line in many states. Using a helpline does not prevent you from also approaching the police or a Magistrate.
Advocate Panchanand Shaw

Practising advocate, Calcutta High Court. Chamber at 14 Hare Street, opposite Bankshall Court, Kolkata 700001.

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