Domestic violence refers to any act, omission, or conduct of a person that causes harm, injury, or endangers the physical, mental, emotional, or economic well-being of another person within a domestic relationship. It encompasses a wide spectrum of abusive behaviours, including physical assault, verbal and emotional abuse, sexual abuse, and economic deprivation.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), matters relating to domestic violence are addressed through procedural mechanisms concerning maintenance, protection of victims, and criminal prosecution, wherever applicable. Although the BNSS does not define “domestic violence” in explicit or exhaustive terms, it lays down the procedural framework for enforcement of rights and remedies available to aggrieved persons.
The substantive law governing domestic violence in India is contained in the Protection of Women from Domestic Violence Act, 2005, which provides a comprehensive definition of domestic violence and recognises the following forms:
• Physical abuse: Any act causing bodily pain, harm, or danger to life, limb, or health;
• Emotional or verbal abuse: Insults, humiliation, intimidation, or repeated threats affecting mental well-being;
• Sexual abuse: Any conduct of a sexual nature that abuses, humiliates, or violates the dignity of a person;
• Economic abuse: Deprivation of financial resources, disposal of assets, or restriction on access to basic necessities.
A “domestic relationship” includes relationships arising out of marriage, consanguinity, adoption, or parties living together in a shared household.
Within the framework of the BNSS, the relevant procedural aspects include:
• Institution of proceedings before the competent Magistrate;
• Grant of maintenance to the aggrieved person (corresponding to the erstwhile Section 125 of the Code of Criminal Procedure, 1973);
• Facilitation of protection, residence, and other reliefs through appropriate legal proceedings under applicable laws;
• Assistance of police authorities in implementation and enforcement of judicial orders;
• Cognizance and trial of related offences such as assault, criminal intimidation, and cruelty.
Further, acts of cruelty against a married woman may attract penal consequences under the Bharatiya Nyaya Sanhita, 2023 (BNS), particularly provisions corresponding to the erstwhile Section 498A of the Indian Penal Code, where such conduct involves harassment, coercion for unlawful demands, or results in grave injury.
In essence, domestic violence within the BNSS framework is addressed through a combination of procedural safeguards, civil remedies under special legislation, and criminal liability under substantive penal law, thereby ensuring protection, relief, and access to justice for victims within the domestic sphere.
