How to report domestic violence under BNS and PWDVA 2005

The "Cultural Guilt" Trap

Your boyfriend hits you. Your first thought isn't "he is a criminal"; it is "my parents were so strict that I ran into his arms" or "South Asian men are so toxic that I deserve this for trying something else." You start blaming your religion, your upbringing, or your entire gender-pool back home while he is the one with the bruised knuckles. Stop. In the eyes of the law, your "strict" background or your choice of partner does not give him a license to touch you. Abuse is not a cultural critique; it is a crime. Whether you are in a live-in relationship or dating, the law does not care about your "rebellious" phase—it cares about your safety. If you are being beaten up, the blame lies solely with the person swinging the fist.

What the law actually says

In India, protection against violence by a partner is not limited to married women. The legal framework covers "domestic relationships," which includes live-in partners and even dating relationships that resemble marriage.

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

Under Section 3 of the PWDVA, domestic violence includes physical, sexual, verbal, emotional, and economic abuse. The Supreme Court in Velusamy v. D. Patchaiammal (2010) clarified that live-in relationships are protected if they are "in the nature of marriage." This means if you are living together, you have the right to seek protection orders, residence orders, and even maintenance. You can read the full Act on indiacode.nic.in.

2. Bharatiya Nyaya Sanhita (BNS), 2023

As of July 1, 2024, the BNS replaces the IPC. If a partner causes you physical pain, it falls under:

• Section 115: Voluntarily causing hurt. This carries a penalty of up to 1 year in jail or a fine of ₹10,000, or both.
• Section 118: Voluntarily causing grievous hurt (like fractures, permanent scarring, or injuries that keep you in pain for 15+ days). This can lead to 7 years in prison.
• Section 84: Acts intended to insult the modesty of a woman, which includes verbal abuse and stalking (previously Section 354/509 IPC).

3. Filing the FIR under BNSS

Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates the registration of an FIR for cognizable offences. If the police refuse, the landmark judgment in Lalita Kumari v. Govt. of UP (2014) by the Supreme Court makes it clear that they have no choice but to register an FIR if a cognizable offence (like physical assault) is disclosed. You can file an FIR online or at any police station via a "Zero FIR" regardless of where the incident happened.

Step-by-step playbook

Step 1: The Immediate Exit and SOS

If you are in immediate danger, do not wait to build a case. Your priority is physical distance.

• Call 112: This is the all-in-one emergency helpline in India. It records your location and dispatches the nearest PCR van.
• Call 181: The Women Helpline (WHL) provides 24-hour immediate and emergency response to women affected by violence. Verify if your state has a specific variation (e.g., 1091 in some districts).
• NCW WhatsApp: The National Commission for Women (NCW) has a dedicated number for reporting domestic violence: 7827170170.
• What to bring: If you are fleeing, grab your Aadhaar card, passport, and any evidence of the relationship (photos, rent agreements, or texts). If you cannot, leave anyway. Your life is worth more than a document.

Step 2: Document the Damage (The MLC)

Before bruises fade, you need a Medico-Legal Case (MLC) report. This is the single most powerful piece of evidence in court.

• Go to a Government Hospital: Tell the doctor clearly that you were assaulted by your partner. Use the word "assault."
• The MLC Process: The doctor is legally bound to record the injuries and inform the police. You do not need to file an FIR first to get an MLC. The hospital will provide a copy of the report.
• Photos: Take high-resolution photos of your injuries from multiple angles. Save them in a secure cloud folder (like Google Drive or iCloud) that your partner cannot access. Ensure the "date/time/location" metadata is on.

Step 3: Filing the FIR or DIR

You have two parallel paths: Criminal (BNS) and Civil (PWDVA).

• Path A (Criminal): Go to the nearest police station. Under Section 173 of the BNSS, a female officer should ideally record your statement for crimes against women. If they refuse, mention the Lalita Kumari judgment. If you are too traumatised to go to the station, you can send the complaint via post to the Superintendent of Police (SP) under Section 173(3) BNSS.
• Path B (Civil): Contact a "Protection Officer" (PO). Every district has one under the WCD Ministry. They help you file a Domestic Incident Report (DIR). This is faster for getting "Protection Orders" (stopping him from contacting you) or "Residence Orders" (preventing him from kicking you out of your shared home). Search for your district's PO on your state's WCD portal (e.g., wcd.nic.in).

Step 4: Secure Legal and Mental Support

Do not fight this alone. The guilt of "betraying" a partner or the fear of "strict parents" finding out can be paralysing.

• Free Legal Aid: If you cannot afford a lawyer, you are entitled to a free one under the Legal Services Authorities Act. Visit the NALSA portal or go to the District Legal Services Authority (DLSA) office in your local court complex.
• Mental Health: Abuse leaves scars that don't show up on an MLC. Reach out to Mental health helplines like iCall (022-25521111) or NIMHANS for trauma-informed counselling.
• Work/College: If this is happening at your institution, check the POSH at workplace and college guidelines. Your Internal Committee (IC) may have a role if the harassment extends to your professional/academic life.

Step 5: Dealing with International Complications

If your boyfriend is a foreign national (like the Italian national mentioned) or if you are an Indian citizen abroad:

• MADAD Portal: Use the Ministry of External Affairs' MADAD portal for Consular Services. They have specific cells for Indian women in distressed situations abroad.
• NCW NRI Cell: The NCW has a dedicated cell for complaints involving NRI/Foreigner partners. You can email them at [email protected].
• Passport Impounding: If the abuse is severe and an FIR is filed, the court can order the impounding of the perpetrator's passport to prevent them from fleeing the country under Section 10 of the Passports Act, 1967.

For more resources on navigating the legal system, browse all civic-action guides.

Where it usually breaks

Systems often fail when the law meets "moral policing." Here is how to navigate the most common roadblocks:

1. The "Ghar ka Mamla" (Private Matter) Brush-off Police officers might try to "counsel" you instead of filing an FIR, especially if you are in a live-in relationship or dating. They might say, "Why ruin a boy's life?" or "Go talk to your parents."

• The Workaround: Remind them of the Lalita Kumari v. Govt. of UP (2014) judgment. If the offence is cognizable (physical hurt), they must register an FIR. If they refuse, send your complaint via Registered Post to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) under Section 173(4) of the BNSS. This creates a paper trail they cannot ignore.

2. The "Nature of Marriage" Hurdle To get protection orders under the PWDVA 2005, you must prove a "domestic relationship." If you don’t live together, some Protection Officers (POs) might claim the Act doesn't apply.

• The Workaround: While PWDVA requires a shared household, the Bharatiya Nyaya Sanhita (BNS) does not. If you are "just dating" and don't live together, bypass the PO and file a criminal complaint for "Voluntarily causing hurt" under Section 115 of the BNS or "Stalking" under Section 78 of the BNS. Criminal law applies to everyone, regardless of whether you shared a kitchen.

3. The Vanishing Protection Officer Protection Officers are meant to help you file a Domestic Incident Report (DIR), but many districts have only one PO for lakhs of people, or the post is vacant.

• The Workaround: You don't need a PO to go to court. Under Section 12 of the PWDVA, you (or your lawyer) can directly approach the Magistrate. You can also approach a "Service Provider"—usually an NGO registered with the state government—to help you file the DIR. Check the list of registered service providers on your state’s Women and Child Development (WCD) website.

4. The Foreign National Complication If your partner is a foreign national (like an Italian citizen), police might claim they can't do anything because he "might leave the country."

• The Workaround: The BNS applies to any person who commits an offence within India, regardless of nationality. Request the police to issue a Lookout Circular (LOC) through the FRRO (Foreigners Regional Registration Office) if there is a flight risk.

Templates / script

1. Script for calling 112 (Emergency)

"I am [Your Name] calling from [Exact Location/Landmark]. I am being physically assaulted by my partner. He is currently [describe: still here / has a weapon / is outside the door]. I need a PCR van immediately. Please note my location via my phone's GPS. I am in immediate danger."

2. Formal Complaint to the Protection Officer (PWDVA)

To, The Protection Officer, [District Name], [State]

Subject: Filing of Domestic Incident Report (DIR) under PWDVA, 2005.

Respected Officer, I, [Your Name], aged [Age], resident of [Your Address], wish to report acts of domestic violence committed by [Partner's Name], with whom I am/was in a domestic relationship in the nature of marriage at [Address of shared household].

The respondent has committed:

1. Physical Abuse: [Details of hitting/slapping on Date/Time]
2. Emotional/Verbal Abuse: [Details of threats/insults]
3. Economic Abuse: [Details of withholding money/phone/documents]

I request you to record my Domestic Incident Report and assist me in seeking a Protection Order under Section 18 and a Residence Order under Section 19 of the PWDVA.

Attached: MLC report/Photos of injuries/Rent agreement.

Regards, [Your Name] [Phone Number]

3. RTI for FIR Status

If the police are sitting on your FIR and not investigating: To: Public Information Officer (PIO), [Name of Police Station/District]

1. Provide the current status of investigation for FIR No. [Number] dated [Date] registered at [Police Station] under Sections [e.g., 115 BNS].
2. Provide a certified copy of the Progress Report/Case Diary (excluding confidential details) as per the investigation conducted till date.
3. Provide the names and designations of the officers responsible for the investigation.

FAQs

1. Does the BNS apply if my boyfriend is not Indian? Yes. Under Section 1 of the BNS, every person is liable to punishment under this Sanhita for every act or omission contrary to the provisions thereof, of which he shall be guilty within India. His nationality does not give him immunity from Indian criminal law.

2. Will the police inform my parents? If you are above 18, you are a legal adult. The police have no legal requirement to inform your parents about your FIR or complaint. However, in "sensitive" cases, local police often try to involve family. You should explicitly state in your written complaint: "I am an adult, and for my safety, I request that my family not be contacted as it may escalate the danger to my life."

3. What if I am under 18? If you are a minor, any physical or sexual abuse must be reported under the POCSO Act, 2012. In this case, the police will involve a Child Welfare Committee (CWC) and your legal guardians. If your parents are the ones you are afraid of, the CWC is responsible for your safe housing in a shelter home.

4. How much does it cost to file these cases? Filing an FIR is free. Filing a complaint with a Protection Officer or a Magistrate under PWDVA is also free. If you cannot afford a lawyer, you are entitled to a free legal aid lawyer from the District Legal Services Authority (DLSA) under the Legal Services Authorities Act, 1987. Visit the DLSA office in your local court complex.

5. Can I get him kicked out of our shared flat? Under Section 19 of the PWDVA (Residence Orders), a Magistrate can direct the respondent (your partner) to remove himself from the shared household, regardless of whether he owns the house or pays the rent. The law prioritizes your right to a violence-free shelter over his property rights.

6. What is the timeline for a protection order? Under Section 12(5) of the PWDVA, the Magistrate is supposed to dispose of the application within 60 days from the date of the first hearing. In reality, it can take 3–6 months, but you can ask for an "Ex-parte Interim Order" (an immediate temporary order) during the very first hearing if you show immediate threat.

7. Can I withdraw the FIR if we patch up? BNS offences like "Voluntarily causing hurt" (Section 115) are "compoundable," meaning they can be settled if you agree. However, more serious offences like "Grievous hurt" (Section 118) are non-compoundable. You would need to approach the High Court to quash the FIR. Think carefully before filing, but never let the fear of "permanence" stop you from seeking safety.