Domestic violence is a serious social and legal issue that affects individuals across all sections of society. Domestic violence laws in Chandigarh are primarily governed by the Protection of Women from Domestic Violence Act, 2005 (PWDVA), along with relevant sections of the Bharatiya Nyaya Sanhita 2023. These laws aim to provide legal protection, relief, and justice to victims of domestic abuse.

In Chandigarh, domestic violence cases are handled under civil and criminal law, with victims having the right to seek protection orders, monetary relief, residence rights, and legal assistance. Whether you are a victim, accused, law student, or legal researcher, understanding the laws, penalties, legal remedies, and court procedures is essential.

This article provides an in-depth legal analysis of domestic violence laws in Chandigarh, covering all relevant Acts, Sections, legal procedures, and available legal protections.

Legal Framework Governing Domestic Violence in Chandigarh

Protection of Women from Domestic Violence Act, 2005 (PWDVA)

The PWDVA, 2005, is the primary legislation in India that deals specifically with domestic violence cases. The act provides immediate relief to victims, including residence orders, monetary compensation, protection orders, and custody rights for children.

Key Definitions Under PWDVA, 2005

1. What is Domestic Violence?

According to Section 3 of PWDVA, domestic violence includes:

  • Physical abuse – Any act that causes bodily pain, harm, or injury.
  • Emotional and verbal abuse – Insults, humiliation, threats, or mental harassment.
  • Sexual abuse – Any forced sexual act within marriage or relationships.
  • Economic abuse – Withholding money, food, shelter, or basic necessities.

2. Who Can File a Domestic Violence Case?

  • Any woman who has been subjected to domestic violence.
  • Women in live-in relationships who face abuse from their partners.
  • Female relatives (such as mothers or sisters) if they are victims of domestic abuse.

Legal Remedies Available for Domestic Violence Victims

1. Protection Orders (Section 18, PWDVA)

  • Prevents the abuser from committing any act of domestic violence.
  • Prohibits the abuser from contacting, communicating, or visiting the victim.

2. Residence Orders (Section 19, PWDVA)

  • Ensures the victim’s right to reside in the shared household.
  • Prevents the abuser from evicting the victim from the house.

3. Monetary Relief (Section 20, PWDVA)

  • Financial compensation for medical expenses, loss of income, and maintenance.
  • Courts can direct the abuser to pay a fixed amount for the victim’s support.

4. Custody Orders (Section 21, PWDVA)

  • Decides child custody in cases where the victim has children.
  • The court can grant custody and decide visitation rights.

5. Compensation for Mental Torture (Section 22, PWDVA)

  • The victim can claim compensation for emotional and psychological distress.

6. Legal Assistance and Free Aid (Section 23, PWDVA)

  • Victims can seek free legal aid and representation through legal service authorities.

Domestic Violence Under the Bharatiya Nyaya Sanhita 2023

Apart from PWDVA, domestic violence cases can also be prosecuted under BNS provisions, which prescribe criminal penalties for abusers.

1. Section 85 BNS – Cruelty Against Women

  • Applies to physical and mental cruelty by husbands or in-laws.
  • Punishment: Up to 3 years imprisonment and a fine.
  • Non-bailable and cognizable offense – The police can arrest the accused without prior approval from the court.

2. Section 115(2) BNS – Causing Hurt

  • Penalizes voluntary causing of physical harm to the victim.
  • Punishment: Up to 1-year imprisonment or fine up to ₹1,000, or both.

3. Section 351(2) and (3) BNS – Criminal Intimidation

  • Covers threats to harm, injure, or kill the victim.
  • Punishment: Up to 7 years imprisonment and a fine.

4. Section 80 BNS – Dowry Death

  • If a woman dies within 7 years of marriage due to cruelty related to dowry, the husband and in-laws can be prosecuted.
  • Punishment: Minimum 7 years to life imprisonment.

Legal Procedure for Filing a Domestic Violence Case in Chandigarh

Step 1: Filing a Complaint

  • The victim can file a complaint with:
    • Police station under BNS sections for domestic abuse.
    • Protection Officer appointed under PWDVA.
    • Magistrate Court for protection orders and relief.

Step 2: Court Proceedings and Relief Orders

  • After receiving the complaint, the court may issue interim relief orders immediately.
  • The accused is given a chance to present their defense.
  • The court decides on protection, residence, financial, and custody reliefs.

Step 3: Criminal Trial (If BNS Sections Are Invoked)

  • If the case involves criminal offenses, police investigate and file charges.
  • The case is heard in Sessions Court or Magistrate Court, depending on the severity.
  • The accused, if convicted, faces imprisonment and fines.

Challenges in Domestic Violence Cases

  • False allegations – Some cases involve misuse of BNS Section 85, leading to wrongful arrests.
  • Social stigma – Many victims hesitate to report abuse due to fear of societal pressure.
  • Delay in justice – Courts take time to decide on protection and relief orders.

Role of Criminal Defense Lawyers in Chandigarh

Criminal defense lawyers, civil criminal lawyers, and defense attorneys play a vital role in handling domestic violence cases by:

  • Assisting victims in filing cases under PWDVA or BNS provisions.
  • Defending the accused against false allegations.
  • Filing for bail applications in cases involving arrest under Section 85 BNS.
  • Ensuring fair legal representation in court proceedings.

Domestic violence laws in Chandigarh provide comprehensive legal protections for victims, ensuring justice, safety, and financial security. PWDVA, 2005, and BNS provisions work together to penalize abusers while providing victims with legal recourse.

Individuals facing domestic violence should seek legal assistance from civil criminal lawyers, defense attorneys, and criminal advocates to ensure fair representation and justice.

FAQs on Domestic Violence Laws in Chandigarh

1. Can domestic violence cases be settled outside court?

Yes, some domestic violence cases can be settled through mediation or mutual agreement, particularly when both parties are willing to resolve the dispute amicably. However, serious criminal offenses under the BNS, such as Section 85 (cruelty) and Section 80 (dowry death), cannot be compromised or withdrawn. These cases require legal intervention and are prosecuted by the state. If you are involved in a domestic violence case, consulting criminal lawyers in Chandigarh, HC lawyers in Chandigarh, or Punjab and Haryana HC lawyers can help you understand your legal options.

2. Can a husband file a domestic violence case against his wife?

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is specifically designed to protect women from domestic abuse. However, if a husband or male family member faces physical or mental cruelty, they can seek legal remedies under general BNS provisions such as Section 115(2) (voluntarily causing hurt) or Section 351(2) (criminal intimidation). In such cases, HC advocates in Chandigarh and criminal advocates in Chandigarh can assist in filing complaints and securing legal protection.

3. What evidence is required in a domestic violence case?

To establish a strong legal case, the victim must provide substantial evidence of domestic abuse. The following forms of evidence can support a domestic violence claim:

  • Medical reports confirming physical injuries caused by the abuser.
  • Witness statements from neighbors, relatives, or friends who have observed the abuse.
  • Call recordings, WhatsApp messages, emails, or CCTV footage that prove verbal or emotional abuse.
  • Police complaints and FIR reports (if any previous incidents were reported).
  • Financial records or bank statements proving economic abuse, such as restricting access to money.

If you are a victim of domestic violence, consulting criminal lawyers in Chandigarh or HC lawyers in Chandigarh can help you gather and present the necessary evidence effectively.

4. What is the punishment for violating a protection order?

Under Section 31 of PWDVA, 2005, if an accused person violates a protection order issued by the court, they can face:

  • Imprisonment for up to 1 year, or
  • A fine of up to ₹20,000, or both.

Violating a protection order is a criminal offense, and the victim can file a complaint with the police or the magistrate. If an accused has breached a protection order, Punjab and Haryana HC lawyers and HC advocates in Chandigarh can assist in filing a contempt petition against them.

5. Can a victim claim financial compensation in domestic violence cases?

Yes, under Section 20 and Section 22 of PWDVA, 2005, a domestic violence victim can claim monetary relief and compensation for:

  • Medical expenses incurred due to injuries from abuse.
  • Loss of income if the victim was prevented from working.
  • Mental trauma and emotional distress caused by the abuse.
  • Maintenance for children, if the victim has dependents.

The court has the authority to direct the accused to pay financial relief to the victim. If you are seeking financial compensation in a domestic violence case, criminal advocates in Chandigarh and HC lawyers in Chandigarh can guide you through the legal process to ensure your rights are protected.