Author: Priyanka Vijay Pawar, Dr Babasaheb Ambedkar Memorial College of Law, Dhule
To the Point
If we talk about India, herein there are no. of cases filed about domestic violence which usually molest woman by various ways. Domestic violence, it has been so vast and harmful thing through which one (husband or his family can harm a woman physically or mentally by torturing her by inhumanitarian way). More often women fall victim in such cases by not going against their husband. If anyone else does any harmful act at any women so, that person shall be liable for punishment and for this, the sections are given in the BNS Bhartiya Nyaya Sanhita 2023. With the help of these sections a woman or wife which is victim, can file complaint against her husband or his family. This act is determined as inhuman act because this act or offense can destroy a woman physically or mentally or both.
Abstract
In this article we will discuss about, how does domestic violence affect any woman? And which sections are defined under BNS about domestic violence? Domestic violence is specially mentioned as cruelty under Bhartiya Nyaya Sanhita 2023. This offence is considered as cruel offence which can harm the dignity of any woman. But as time changed, there are number of cases of domestic violence filed against men in a false way. Sometimes women also take advantage of such offence to go against men and this is also thing to worry. Both men and women are suffering from domestic violence nowadays and safety of both of them is vital to protect their dignity in their family. Let’s see the sections related to the domestic violence of women
Use of legal Jargon:
Section 85 and 86 of Bhartiya Nyaya Sanhita, 2023, define the term cruelty, which separately described the meaning of cruelty and punishment for the offence of cruelty. Legally it is determined the cruel offence which can destroy any women physically as well As mentally and if such women is on working mode then her career also can be affected by this kind of deed. If husband is trying or tried this offence and tortured his wife by hitting her body or by making her disturb emotionally and if his family also get involved to do this offence or when women get tortured by them, then that women can file complaint against them and could get justice by the Court. The above mentioned section help any women to get rid of this kind of cruelty or the violence which can harm herself or her career.
The Proof:-
Here in after the sections 85 and 86 of BNS are defined briefly which can help to understand how domestic violence is defined as cruelty in the said act. Before this act, in Indian Penal Code (IPC) they had mentioned cruelty under section 498, which also said about this offence and later in the BNS, 2023 it was defined as it was in the IPC, without changes.
These sections are defined below respectively:
Section 85:
In this section they have described the punishment for the husband or his relatives of husband (here husband’s friends are not mentioned to determine them responsible for the offence). If the above mentioned people do this kind of offence they shall be liable for the punishment with imprisonment of 3 years and with fine.
section 86:
In this section they have defined cruelty briefly. This section is for the definition of the cruelty. Which directly touches to the domestic violence when a husband or his family creates any scenario through which a woman come to the decision of committing suicide or if they harm her physically and get her injuries bodily and destroy her mentally then this comes under cruelty. Because this harms one’s dignity for the whole life. In such cases dowry cases raised in the demand of any kind of property from a woman and when the demand does not get fulfilled, in such cases women mostly fall victim.
Case law :-
Bibi Parwana Khatoon V. State of Bihar, 2017:-
This case was about dowry death, and in this case they proved that, there were intentions to harm that woman physically. It means this case emphasizes the domestic violence .
FAQS
What is Domestic Violence?
Ans:- Domestic Violence usually happens when demand for dowry raised before woman by her husband or his family and when that woman fails to fulfill their desire , they torture her physically and mentally and sometimes to get rid of this situation, the woman commits suicide. Sometimes without any reason the husband and his family molest that woman in a cruel way.
Whether men fall victim of domestic violence or not?
Ans:- Yes, these days some cases of domestic violence of men is a raising issue. A wife can also molest her husband physically as well as mentally.
Which Acts are there for Domestic Violence in India?
Ans:- There are some Acts, which in existence to regulate throughout the country:-
Protection of Women from Domestic Violence,2005
Section 85& 86 of BNS,2023
The Dowry Prohibition Act, 1961.
