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Understanding Domestic Violence and Legal Remedies Under the Bharatiya Nyaya Sanhita (BNS)

Domestic violence, a pervasive issue that affects millions, remains a critical concern for law enforcement and society at large. It encompasses physical, emotional, sexual, financial, and psychological abuse in intimate partner relationships, typically involving husbands and wives or other family members. With the 2023 introduction of the Bharatiya Nyaya Sanhita (BNS), India’s legal system has updated its provisions to address domestic violence more effectively. This article explores the definition of domestic violence, the legal provisions under the BNS, and the remedies available for victims.

What is Domestic Violence Under the BNS?

Domestic violence, as defined under the Protection of Women from Domestic Violence Act (PWDVA), 2005, continues to remain central to addressing abuse within families. The BNS adapts these provisions with a more streamlined approach. The act defines domestic violence as any act, omission, or commission of a criminal nature by the perpetrator that harms or threatens to harm the victim, who is typically a woman, through physical, sexual, mental, emotional, or economic abuse.

Domestic violence under BNS includes:

• Physical Abuse: Infliction of bodily harm through actions like hitting, slapping, or choking.
• Emotional and Psychological Abuse: Insulting, humiliating, or intimidating the victim to instill fear.
• Sexual Abuse: Non-consensual sexual acts, including marital rape, under the new legal framework.
• Economic Abuse: Control over the victim’s financial resources, preventing them from earning, or forcing them into economic dependency.

Legal Provisions Under the BNS: Remedies and Protections for Victims

The BNS, which supersedes the IPC and the PWDVA, continues to prioritize the protection of women from domestic violence. The law, now updated in its language and application, remains fundamentally aligned with the PWDVA while integrating procedural reforms to enhance accessibility and justice.

1. Protection Orders and Residence Orders:

Under Section 108 (BNS), similar to the PWDVA, women who are victims of domestic violence can seek protection orders, which prevent the abuser from contacting or harming the victim. These orders can be issued by the magistrate within a few days of receiving a complaint. Residence orders ensure that a woman is not evicted from her shared home by her abuser, even if the home is not owned by her. These provisions are crucial for safeguarding the immediate safety and dignity of the victim.

2. Monetary Relief and Compensation:

The BNS upholds provisions for monetary relief, allowing victims to receive financial compensation for medical costs, losses due to the violence, and damages for emotional distress. This includes reimbursement for expenses incurred due to the abuse, like counseling or therapy, as well as compensation for loss of earnings and support for any dependent children.

3. Custody and Legal Aid:

The new framework under the BNS ensures temporary custody of children to the victim, particularly in cases where the children may have witnessed the abuse or are in danger from the abuser. The BNS guarantees free legal aid, making it easier for victims from marginalized communities to access justice, irrespective of their financial standing.

4. Psychological Support and Counseling:

In line with the protective measures, the BNS mandates counseling and psychological support services to help victims recover from emotional trauma caused by domestic violence. Protection officers, social workers, and other agencies are tasked with guiding victims through legal procedures, providing emotional support, and offering counseling services to ensure long-term healing.

Penal Provisions Under the BNS for Domestic Violence

The BNS has integrated criminal provisions to punish domestic violence, although it largely maintains the civil nature of the PWDVA. Criminal intimidation and assault under Sections 120, 325, and 406 (BNS) are applicable in cases where domestic violence escalates to more severe crimes, such as bodily harm or unlawful detention.

• Section 325 (BNS): This section addresses the punishment for causing grievous injury or harm, which could be the result of severe physical violence in domestic abuse cases.
• Section 406 (BNS): This provision, dealing with the criminal breach of trust, can apply if the abuser denies the victim access to her property or financial resources, especially when these resources were meant to be shared.
• Section 120 (BNS): Provides for criminal intimidation or threats, including any threat to harm the victim or her family members.

In extreme cases of sexual abuse or marital rape, which the BNS also addresses more directly than previous codes, the legal implications are severe, with punishments ranging from imprisonment to life sentences.

Legal Support and Resources for Victims of Domestic Violence

Several helplines, NGOs, and social welfare organizations continue to play a vital role in supporting victims of domestic violence under the BNS framework:

1. National Helpline (181): A 24/7 government service that connects victims of domestic violence to the appropriate authorities, shelters, and legal services.
2. Legal Aid Services: Through the National Legal Services Authority (NALSA), women in distress can access free legal assistance to navigate the judicial system.
3. Non-Governmental Organizations (NGOs): Several organizations, such as Snehalaya, Swayam, and Tata Institute of Social Sciences, provide critical shelter, counseling, and legal representation to survivors of domestic violence.

Conclusion: Empowering Women Against Domestic Violence

With the introduction of the Bharatiya Nyaya Sanhita, India’s legal framework has evolved to offer stronger protections and more accessible resources for victims of domestic violence. The BNS offers enhanced legal tools for immediate protection, financial support, and access to justice, making it easier for women to escape abusive situations and rebuild their lives.

If you or someone you know is experiencing domestic violence, it is essential to take immediate action. Legal provisions under the BNS, alongside social and emotional support, can provide the necessary resources to break free from the cycle of violence. Don’t hesitate to reach out to legal professionals or local authorities for guidance and help in pursuing justice.