Learn how to file Form II (Domestic Incident Report) to seek protection, residence, or maintenance if you or someone you know faces violence at home.
You are at a cousin's place for the weekend when you realize the environment is far from 'normal.' There is constant shouting, her phone is regularly confiscated by her husband or in-laws, and she mentions she hasn't been allowed to visit her parents in months. She is terrified of filing a 'police case' because she thinks it means an immediate arrest and the end of her marriage. This is where the Domestic Incident Report (DIR) comes in. It is a civil-legal tool under the Protection of Women from Domestic Violence Act (PWDVA), 2005, designed to get her immediate protection, a right to stay in her house, or financial support without necessarily starting a criminal trial right away.
The Protection of Women from Domestic Violence Act, 2005 (DV Act) is one of India's most powerful pieces of legislation because it recognizes that 'violence' isn't just physical hitting. Under the Act, domestic violence includes physical, sexual, verbal, emotional, and economic abuse.
Crucially, the Act applies not just to wives, but to any woman in a 'domestic relationship'—this includes daughters, sisters, mothers, and even women in live-in relationships. The Domestic Incident Report (DIR), documented in Form II of the PWDV Rules 2006, is the foundational document for seeking relief.
Unlike a standard How to file an FIR (and what to do if police refuse), which triggers the criminal justice system under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the DIR is a specialized report that moves through a Protection Officer to a Magistrate. It is designed to be faster; Section 12(4) states the Magistrate must fix the first date of hearing within 3 days of receiving the application.
Every district in India is required to have a Protection Officer. They are usually appointed through the state's Department of Women and Child Development (WCD).
wcd.delhi.gov.in or wcd.nic.in) to find the list of POs for your district. If you cannot find them, go to the nearest Protection Office located at the District Collectorate or the local Magistrate court.The PO will help you fill out Form II. This is not a simple letter; it is a structured form with specific columns.
You do not need 'perfect' evidence to file a DIR, but it helps the Magistrate pass an interim order quickly.
Once Form II is filled, the Protection Officer must sign it.
The DIR itself is a report, but to get a court order (like a stay on eviction), you must file an application under Section 12 to the Magistrate.
If you feel unsafe staying in the house while the DIR is being processed, you have rights.
If the violence involves a minor, remember that reporting is mandatory under Section 19 of the POCSO Act. You can call Childline India: 1098 for immediate intervention.
The DV Act is a "social welfare" legislation, but the machinery on the ground is often rusty. Here is where your DIR process might hit a wall and how to bypass it:
The "Samjhauta" (Compromise) Trap: This is the most common hurdle. Protection Officers (POs) or police officers might try to "counsel" you or your friend to go back and "adjust" for the sake of the family. They might delay filing the DIR, claiming it will "break the house."
The "No Visible Injuries" Excuse: If there are no bruises, some POs might claim there is no "violence."
The "Invisible" Protection Officer: In many districts, the PO is an "additional charge" given to a busy bureaucrat who is never in their office.
The "Shared Household" Eviction: The moment a DIR is filed, there is a risk the Respondents might try to kick the woman out.
Copy, fill in the [highlighted] bits, and send.
You: "Sir/Ma'am, I am here to record a Domestic Incident Report under Form II of the PWDV Rules, 2006. Here is the written account of the abuse." Officer: "Beta, these are small family matters. Go home, talk it out. Why involve the court?" You: "With respect, Section 9 of the DV Act says it is your duty to prepare the DIR when an incident is reported. I am not asking for mediation right now; I am asking for my legal right to have this incident documented. If you cannot do it, please give me a written refusal so I can approach the Magistrate directly."
To, The Protection Officer, [District Name], [State]
Subject: Request to record Domestic Incident Report (DIR) under the PWDV Act, 2005.
Respected Sir/Madam,
I, [Name], daughter/wife of [Name], residing at [Address], wish to report incidents of domestic violence committed against me by [Name of Respondents].
The abuse includes [Briefly mention: e.g., physical assault, restriction of movement, and denial of financial support] occurring since [Date/Period].
I request you to kindly:
Attached is a detailed timeline of events.
Sincerely, [Your Name & Phone Number] [Date]
Yes. While the Act mentions "adult male respondent," the Supreme Court in *Hiral P. Harsora v. Kusumben Narottamdas Harsora (2016)* struck down the word "male." You can now file a DIR against any adult (male or female) who is part of the domestic relationship and has committed violence.
No. Filing a DIR through a Protection Officer or a Government-registered Service Provider is completely free. If you are asked for "processing fees," it is illegal. You are also entitled to a free copy of the DIR once it is recorded.
Yes. Under **Section 4** of the DV Act, any person who has "reason to believe" that an act of domestic violence has been, or is being committed, can give information to the Protection Officer. You are legally protected from any civil or criminal liability for giving this information "in good faith."
Yes. The Act covers women in "relationships in the nature of marriage." This includes live-in relationships, provided they have lived together in a shared household for a significant period. The Supreme Court has upheld this in multiple cases, including *Lalita Toppo v. State of Jharkhand (2018)*.
An FIR (filed at a police station) usually starts a criminal case under the **Bharatiya Nyaya Sanhita (BNS)** which can lead to jail time for the husband/in-laws. A DIR (filed with a PO) is a civil-legal tool focused on getting the woman immediate relief—like money, a house to stay in, and protection from future hits—without necessarily sending anyone to jail immediately.
Under **Section 12(5)**, the Magistrate is supposed to dispose of the application within 60 days from the first hearing. If there is an emergency, you can ask for an **"Ex-parte Interim Order"** under **Section 23**. This allows the Magistrate to pass an order based only on your affidavit if the situation is life-threatening.
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