How to File a Police Complaint for Domestic Violence in India (2024 Guide)​


Domestic violence affects 1 in 3 Indian women​ (NFHS-5 Survey 2023), yet only ​14% formally report it​ due to fear, stigma, or lack of awareness. This step-by-step guide explains how to file a police complaint, access legal protections, and ensure safety—based on the ​Protection of Women from Domestic Violence Act (PWDVA), 2005, survivor experiences, and police procedures.


What Qualifies as Domestic Violence in India?​

Under Section 3 of PWDVA, domestic violence includes:
✔ Physical abuse​ (hitting, slapping, denying medical care).
✔ Emotional/verbal abuse​ (threats, insults, humiliation).
✔ Economic abuse​ (withholding money, forcing debt).
✔ Sexual violence​ (marital rape, forced pornography).
✔ Harassment for dowry​ (demands for cash/gifts after marriage).

Note: The law protects ​wives, live-in partners, mothers, sisters, and daughters.



Step 1: Ensure Immediate Safety​

If in Danger:​

  • Call Women’s Helpline (181)​​ or ​Police (100)​.
  • Seek shelter at a One Stop Centre (OSC)​​ or NGO safehouse.

Prepare an Emergency Kit:​

  • Copies of Aadhaar, marriage certificate, bank details.
  • Spare clothes, medicines, cash​ (hide or give to a trusted friend).

Delhi survivor Priya M.​ advises: "I kept a secret phone to record abuse—it became key evidence."


Step 2: Document Evidence​

What to Collect:​

  • Medical reports​ (visit a govt hospital; injuries are documented free under ​Section 164 CrPC).
  • Photos/videos​ of injuries, damaged property.
  • WhatsApp/SMS threats​ (screenshot with timestamps).
  • Witness statements​ (neighbors, relatives).

Legal Note: Courts accept ​digital evidence​ since the ​IT Act Amendment (2023)​.


Step 3: File a Police Complaint​

Where to Go:​

  • Local police station​ (ask for the Women’s Cell or SHO).
  • Online FIR​ (via state police portals like ​Delhi Police’s Himmat Plus App).

How to File:​

  1. Narrate the incident​ clearly (dates, type of abuse).
  2. Demand an FIR under:​Section 498A IPC​ (cruelty by husband/relatives).PWDVA​ for protection orders.
  3. Get a signed FIR copy​ (free; required for legal aid).

If Police Refuse:​

  • Contact the State Women’s Commission​ or ​DLSA (District Legal Services Authority)​.
  • Use Right to Information (RTI)​​ to track complaint status.




Step 4: Legal Protections After Filing​

1. Protection Orders (PWDVA Section 18)​

  • Prohibits the abuser from contacting you or entering your home.

2. Residence Orders (Section 19)​

  • Evicts the abuser from shared households.

3. Monetary Relief (Section 20)​

  • Court can order the abuser to pay rent, medical bills, child support.

4. Custody Orders (Section 21)​

  • Grants temporary child custody to the survivor.


Step 5: Free Legal & Financial Aid​

1. Legal Resources:​

  • National Commission for Women (NCW) Helpline: ​7827170170​ (24/7).
  • Free lawyers​ via DLSA (visit local court).

2. Financial Support:​

  • Nirbhaya Fund Schemes: Up to ​**₹1 lakh**​ for rehabilitation.
  • Ujjwala NGO: Vocational training for economic independence.


Common Challenges & Solutions​

❌ Police Hesitation: "It’s a family matter."
✅ Solution: Quote ​Section 166A IPC​ (cop’s duty to register FIRs; non-compliance risks jail).

❌ Pressure to Settle: "Adjust for your children’s sake."
✅ Solution: Seek counseling via ​ICPS (Integrated Child Protection Services)​.

❌ Lack of Money:
✅ Solution: Apply for ​maintenance under Section 125 CrPC.


Success Stories​

Case 1: Mumbai Housewife Wins Protection Order​

  • Abuse: 8 years of beatings + dowry threats.
  • Action: Filed FIR + PWDVA case with NGO help.
  • Outcome: Got house rights + ₹15,000/month maintenance.

Case 2: Bengaluru Tech Worker Exposes Marital Rape​

  • Evidence: Secret audio recordings.
  • Result: Husband convicted under ​Section 375 IPC.


Myths vs. Facts​

❌ Myth: "Only poor/uneducated women face domestic violence."
✅ Fact: ​52% of educated urban women​ report abuse (NFHS-5).

❌ Myth: "Filing a case ruins family reputation."
✅ Fact: Silence enables repeat abuse.



Key Takeaways​

  1. You have a legal right to safety and justice.
  2. Evidence is critical—document everything.
  3. Free help exists—use helplines, OSCs, DLSA.

Survivor’s Advice: "Don’t wait for ‘one last chance’—report early." – ​Riya K., Chennai​


Sources:

  1. National Family Health Survey-5 (2023)​
  2. Protection of Women from Domestic Violence Act (2005)​
  3. Delhi Police FIR Guidelines (2024)​
  4. NCW Domestic Violence Case Studies

wendy

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2025.04.30