Punishment for Domestic Violence in India: DV Act, BNS Section 85 and Other Penalties
Quick answer: The Domestic Violence Act, 2005 is mainly a protection law, so punishment under it arises when its orders are breached: up to one year in jail, a fine up to Rs. 20,000, or both. Where the violence is also a crime, the husband or relatives can be punished under the Bharatiya Nyaya Sanhita, mainly Section 85 (cruelty, up to three years and fine), Section 80 (dowry death) and Section 108 (abetment of suicide), and under the Dowry Prohibition Act.
Two tracks: civil protection and criminal punishment
When people ask "what is the punishment for domestic violence in India?" the honest answer is that it depends on which law is used. There are two tracks.
- Civil track: the Protection of Women from Domestic Violence Act, 2005. The Magistrate gives protection, residence, money, custody and compensation orders. There is no punishment merely for committing domestic violence under this Act; punishment follows when a protection order is breached.
- Criminal track: the Bharatiya Nyaya Sanhita, 2023 (BNS) and special laws. The BNS replaced the Indian Penal Code for offences committed on or after 1 July 2024. It punishes cruelty, hurt, threats, dowry death and related offences. The Dowry Prohibition Act, 1961 separately punishes giving, taking and demanding dowry.
A woman can use both tracks together. Each has a different purpose: one protects and supports her; the other punishes the offender.
Punishment under the DV Act
| Provision | Offence | Punishment |
|---|---|---|
| Section 31(1) | Breach of a protection order or interim protection order by the respondent | Imprisonment up to 1 year, or fine up to Rs. 20,000, or both |
| Section 31(2) | Framing of charges | The Magistrate may also frame charges under Section 498A IPC (BNS 85) or other IPC/BNS or Dowry Act provisions if the facts disclose them |
| Section 32 | Cognizance and proof | Offence under Section 31(1) is cognizable and non-bailable; the aggrieved person's sole testimony may be sufficient to frame charges |
| Section 33 | Protection Officer fails to discharge duty without sufficient cause | Imprisonment up to 1 year, or fine up to Rs. 20,000, or both, with Government sanction |
For a closer look at the Act's own penal sections, see Domestic Violence Act punishment: Sections 31, 32 and 33.
Punishment under the BNS and other criminal laws
| Conduct | Old IPC | BNS | Punishment (summary) |
|---|---|---|---|
| Cruelty by husband or relatives | 498A | 85 and 86 | Imprisonment up to 3 years and fine |
| Dowry death | 304B | 80 | Minimum 7 years, up to life imprisonment |
| Abetment of suicide | 306 | 108 | Imprisonment up to 10 years and fine |
| Voluntarily causing hurt | 323 | 115(2) | As per the Sanhita, depending on the injury |
| Outraging modesty | 354 | 74 | As per the Sanhita |
| Criminal intimidation | 506 | 351 | As per the Sanhita |
| Criminal breach of trust (for example stridhan) | 406 | 316 | As per the Sanhita |
| Giving or taking dowry | Dowry Prohibition Act, ss. 3 and 4 | Not in BNS | Imprisonment and fine as set by the Act |
Punishments for the less severe offences depend on the exact sub-section and the facts. A lawyer should read the Sanhita text for your case. Our table of old and new numbers is in domestic violence sections in IPC and BNS. For cruelty in particular see 498A punishment.
Is the offence bailable or non-bailable?
- Breach of a protection order (Section 31): cognizable and non-bailable, though the court can grant bail.
- Cruelty (BNS 85): cognizable and non-bailable, but courts regularly grant bail, and arrest is not automatic. See police procedure for arresting under 498A.
- Dowry death: non-bailable and serious; bail is harder.
For general rules see bailable vs non-bailable offences and anticipatory bail in Delhi.
Which law should you use?
The choice depends on what you need most.
| If you want to... | Consider |
|---|---|
| Stay safely in your home and receive support | DV Act application (Sections 12, 18 to 23) |
| Have the offender prosecuted | Police complaint or FIR for BNS offences |
| Get regular money for yourself and your children | Maintenance petition and DV Act monetary relief |
| End the marriage | Divorce on cruelty under Section 13(1)(ia) HMA |
| Recover stridhan | DV Act, criminal breach of trust, or civil suit |
Using more than one remedy is allowed, but statements in one case can affect another, so the sequence and drafting must be planned. Our domestic violence lawyers in Delhi plan this with you. For the procedure, see the domestic violence case procedure.
What happens in practice
Convictions for domestic violence offences depend on proof. Courts examine whether the complaint is consistent and supported by evidence, as discussed in evidence required to prove 498A. At the same time, the Supreme Court has repeatedly warned against implicating distant relatives without specific allegations, as in 498A judgments in favour of the husband. Many matters therefore end in settlement, with the High Court quashing the criminal case, rather than in trial; see the settlement process.
If you are accused
Allegations are not proof. Do not contact the complainant in a threatening way, preserve your own records, comply with every court order, and take legal advice immediately. Anticipatory bail may be possible. See false 498A case: what to do.
Sentencing, probation and compensation
If a court convicts, the sentence depends on the offence, the seriousness of the injury and the circumstances. Courts consider factors such as the age of the offender, any earlier conviction, the harm to the victim and any compromise. Courts can order the offender to pay compensation to the victim, and the victim may also receive compensation under the State's victim compensation scheme. Separately, a Magistrate under the DV Act can award compensation for injuries and mental distress under Section 22.
Many domestic violence cases end before trial. Parties often settle, and the High Court can quash a criminal case on a genuine settlement, as explained in the 498A settlement process. Courts remain cautious where the allegations involve serious injury or death.
Illustrative scenarios
These scenarios are made up to show how the law is applied. They are not real cases.
| Scenario | Likely legal track |
|---|---|
| A husband repeatedly threatens to throw his wife out and stops giving money | DV Act application for residence and monetary relief; possibly cruelty complaint |
| A husband ignores a protection order and visits her office | Complaint for breach under Section 31 DV Act, plus request for police assistance |
| In-laws demand a car and harass the wife for months | Cruelty complaint under BNS 85, Dowry Prohibition Act, and DV Act application |
| A wife dies by suicide within seven years of marriage after dowry demands | Serious offences such as BNS 80 or 108 investigated by police |
Each case needs its own analysis. Speak to our domestic violence lawyers or criminal lawyers in Delhi for advice.
Frequently asked questions
Is domestic violence a criminal offence in India?
The DV Act itself is mostly civil, but violence, cruelty, dowry harassment and threats are separate criminal offences under the BNS and other laws.
What is the maximum punishment under the DV Act?
Under Section 31, breach of a protection order is punishable with imprisonment up to one year, a fine up to Rs. 20,000, or both.
Is domestic violence bailable?
Breach of a protection order is cognizable and non-bailable under Section 32. Other offences depend on the Sanhita provision; bail is decided by the court.
Can the husband go to jail for domestic violence?
Yes, if he is convicted of an offence such as BNS 85 or breaks a protection order. No one is sent to jail on a bare allegation.
Does the DV Act cover mental and economic abuse?
Yes. Section 3 defines domestic violence to include physical, sexual, verbal, emotional and economic abuse and harassment for dowry.
What is the punishment for dowry harassment?
Dowry harassment can amount to cruelty under BNS 85 (up to 3 years and fine), and giving, taking or demanding dowry is punished under the Dowry Prohibition Act.
Can I file both a DV Act case and a police complaint?
Yes. They serve different purposes and can run together.
Sources and further reading
- India Code: Protection of Women from Domestic Violence Act, 2005; Bharatiya Nyaya Sanhita, 2023; Dowry Prohibition Act, 1961
- Supreme Court of India: judgments database
Related guides
- Domestic violence case procedure
- How to file a domestic violence complaint
- 498A IPC punishment
- 498A case in Delhi: process, bail, defence
Where we can help
Talk to a Delhi lawyer about your case
Every case turns on its own facts and documents. A short consultation with Advocate Anant Misra's team will tell you where you stand and what to do next.
Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.