Physical Abuse in Domestic Violence: Rights & MLC Guidelines | India | Bharat Samvidhan

Learn about spousal physical abuse rights, protection orders, Section 85 BNS (old 498A), and Medico-Legal Case (MLC) evidence guidelines.

PWDVA SECTION 3(A) & BNS SECTION 85
Understanding Physical Abuse & Legal Remedies
A comprehensive legal manual on physical violence within the household, including evidence preparation, police actions, and court protection orders.
Statutory Definition
Under **Section 3(a) of the Protection of Women from Domestic Violence Act, 2005**, physical abuse is defined as any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the physical development of the aggrieved woman. This includes assault, criminal force, and criminal intimidation.
Criminal Prosecution: Section 85 of BNS (Old Section 498A IPC)
Physical domestic violence is a serious criminal offense in India. Under **Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023** (which replaced the legacy Section 498A of the IPC), subjecting a married woman to cruelty (which includes physical or mental harm) by her husband or his relatives carries:
Mandatory imprisonment for a term up to **3 years**.
An additional fine.
Non-bailable arrest of the accused husband and relatives.
Evidence Checklist: How to Prove Physical Abuse?
In court, claims of physical abuse require sound evidence. If you are subjected to physical violence, try to collect the following:
1. Medico-Legal Case (MLC) Report:
Visit a government hospital immediately after the incident. Inform the doctor that the injuries were caused by domestic assault. The doctor is legally bound to record it as an MLC and notify the police.
2. Photographs of Injuries:
Take clear photographs of bruises, cuts, or swellings with dates. Keep backups in secure cloud folders.
3. Witness Accounts:
Statements from neighbors, security guards, or domestic staff who witnessed the shouting or physical clashes.
4. Police PCR Call Logs:
If you dialed 100/112 during the violence, ask for a copy of the police PCR call dispatch log.
Frequently Asked Questions (FAQs)
I am scared he will hurt me again if I seek help. Can the court protect me immediately?
Yes, and please know that your safety is the most important thing. You do not have to wait for months for a final verdict. Under Section 19 and 18 of the DV Act, the court can issue immediate
Interim Protection Orders
within days. The Magistrate can order your husband to leave the house, prohibit him from coming anywhere near your workplace, or calling you. If he violates this order, it is a criminal offense and he can be arrested immediately without a warrant.
What is the difference between filing a police complaint (FIR) and a Domestic Violence case?
Think of it this way: a police FIR under BNS Section 85 (old 498A IPC) is a criminal path focused on punishing the abuser with jail time. It can take time and is handled by police officers. A domestic violence court case (under PWDVA) is a civil path focused on
protecting you immediately
. It gives you the right to stay in the house, get emergency money for food and medical bills, and keep custody of your children. You can file both to secure both protection and justice.
The police refuse to file my complaint, or they are telling me to compromise. What should I do?
It is deeply exhausting when the authorities do not listen, but please do not lose hope. You do not have to rely only on the local police. In India, you have the right to bypass the police station completely. You can go directly to a government-appointed
Protection Officer
in your district or file a petition directly before the local Magistrate with the help of a free legal aid lawyer. They are legally required to accept your complaint and initiate action.