If you’re reading this because you’re going through abuse at home, or worried about someone who is, the legal side can feel confusing on top of everything else. Here’s what Indian law actually treats as domestic violence, the two legal routes available, and practical next steps in Pune.

What Counts as Domestic Violence Under Indian Law

Under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), domestic violence isn’t limited to physical assault. It covers four forms of abuse, and any one on its own is enough to seek legal protection:

  • Physical abuse — any act causing bodily harm, pain, or injury, including assault, criminal force, or intimidation.
  • Emotional and verbal abuse — insults, ridicule, humiliation, name-calling, and repeated threats of harm to you or anyone you care about.
  • Economic abuse — being denied money for household or personal needs, having your income or assets controlled, or being denied access to shared property.
  • Sexual abuse — any conduct of a sexual nature that abuses, humiliates, or violates your dignity.

You don’t need visible injuries to have a valid case — a pattern of control or threats is legally recognised abuse on its own. This is not a rare problem: the World Health Organisation estimates that nearly one in three women globally experience physical or sexual violence in their lifetime, most often from an intimate partner.

Two Legal Routes — and You Can Use Both

1. The civil route under the PWDVA

Filed as an application before a Magistrate under Section 12 of the PWDVA, this route is designed to stop the violence and secure your safety and finances, not to punish anyone. A single application can seek a protection order (Section 18, restraining further contact or violence), a residence order (Section 19, protecting your right to stay in the shared household or securing alternate accommodation), monetary relief (Section 20, covering medical costs and maintenance), and orders for child custody and compensation. The Magistrate must fix the first hearing within three days and dispose of the application within 60 days — this route is built to move fast.

2. The criminal route under Section 85 BNS

If the abuse amounts to cruelty by a husband or his relatives, it’s also a criminal offence under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS) — the provision that replaced Section 498A of the IPC. “Cruelty” is defined in Section 86 BNS and covers conduct likely to drive a woman to suicide or grave injury, or harassment to coerce an unlawful demand, including dowry. Conviction carries up to three years’ imprisonment and a fine. This route involves the police, an FIR, and potentially a trial — slower, but aimed at punishing the offender. Dowry demands are separately punishable under the Dowry Prohibition Act, which still applies alongside the BNS.

Protection Order vs Criminal Complaint

A protection order is faster, focused on your immediate safety and finances, and doesn’t require an arrest. A criminal complaint is slower and aimed at holding the abuser criminally accountable. You don’t have to choose — it’s common to file a Section 12 application for immediate protection while a criminal complaint proceeds separately if the facts warrant it.

Practical Next Steps If You’re in Pune

  1. If you’re in immediate danger, contact the police first — domestic violence can be reported at any police station.
  2. To start the PWDVA process, approach a Protection Officer (appointed through the state’s Women and Child Development machinery) or consult a lawyer to file the Section 12 application directly before the Magistrate, which is often faster.
  3. Gather evidence early: medical records of any injuries, photographs, screenshots of abusive messages, bank statements showing withheld money, and contact details of any witnesses.
  4. Consult a lawyer before deciding your approach — whether to file the PWDVA application, a criminal complaint, or both depends on your situation and what outcome matters most to you.

There is no deadline that bars you from acting. The Supreme Court has held that PWDVA applications aren’t subject to the one-year limitation period that applies to some criminal complaints, so even abuse from years ago can still form the basis of an application today.

The first consultation is free and confidential. If you’re dealing with any of this, it’s worth having a proper conversation about your specific situation before deciding what to file — see the Legal Fees & Consultation Charges page for how consultations work.