Domestic Violence Act and IPC

In the case involving the suspicious death of Sumitra, who died within seven years of her marriage to Prem Singh, the Supreme Court dealt with allegations of continuous dowry demands during her marriage, which seemingly ceased after the birth of her son and her parents’ gift of a buffalo to her in-laws. However, Sumitra was found dead due to burn injuries, contradicting the assumption that the dowry demands had ceased. During the appeal, the Court noted that the mother-in-law, who was one of the accused, lived separately, lacked evidence indicating her instigation of the other accused, and had no expected benefit from the dowry demands. Consequently, she was acquitted. However, the Court found the remaining accused guilty under Section 304B of the Indian Penal Code (IPC) as their claim of the victim’s suicide by consuming poison was uncorroborated. Moreover, their act of taking Sumitra to the hospital after the incident did not absolve their liability, leading to their justified conviction.

In matters related to domestic violence falling under the DV Act, prosecutors or appellants often strategize to strengthen the case for the client by filing multiple cases under different legal provisions. The filing of applications under the DV Act is often followed by criminal applications under relevant sections of the Indian Penal Code (IPC). This aims to provide comprehensive legal recourse and maximize the chances of obtaining justice for the aggrieved party.

An application under the Protection of Women from Domestic Violence Act, 2005 is filed to seek specific reliefs and protection for the aggrieved person. This includes seeking protection orders, residence orders, monetary relief, and other reliefs provided under the DV Act. In addition to the DV Act application, criminal applications are filed under relevant sections of the Indian Penal Code. These sections may include:

• • Section 498A – Cruelty by Husband or Relatives of Husband: When there are allegations of cruelty against the husband or his relatives, this section is often invoked. It deals with instances where the husband or relatives subject the woman to cruelty, both mental and physical, which may amount to harassment or harm.
  • Section 306 – Abetment of Suicide: If the case involves incidents where domestic violence led to extreme consequences like suicide, the provision of abetment to suicide under Section 306 might be invoked along with the DV Act.
  • Section 354 – Assault or criminal force to woman with intent to outrage her modesty: When instances of sexual abuse or assault are part of the domestic violence, Section 354 of the IPC can be applied in conjunction with the DV Act.
  • Other relevant sections: Depending on the nature of the case, other sections such as Section 323 (voluntarily causing hurt), Section 406 (criminal breach of trust), or Section 506 (criminal intimidation) might be invoked to complement the case under the DV Act.

Filing both a DV Act application and criminal applications under the IPC aims to create a comprehensive legal approach. The DV Act application primarily focuses on obtaining specific reliefs provided under the Act, while the IPC criminal applications aim to ensure that criminal liabilities, punishments, and legal consequences are pursued against the accused. These multiple filings allow prosecutors to build a stronger case by presenting various aspects of the abuse or violence faced by the aggrieved person. It helps in establishing a broader narrative and providing multiple legal avenues to seek justice.