Legal Remedies for Domestic Violence Against Men in India

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: Domestic violence against men is a real legal issue under Indian law, even though it's less commonly reported. Male victims can file criminal complaints under the Bharatiya Nyaya Sanhita (BNS) for assault, criminal intimidation, and hurt. Police can register an FIR, and the courts provide remedies including protection orders and compensation. Don't let gender stereotypes stop you from seeking justice.

This is a story about a family in Kochi, Kerala. The father, Ravi Menon, a 52-year-old bank manager, had been facing physical and verbal abuse from his wife, Anjali Nair, for over 18 months. Their 19-year-old daughter, Priya Menon, a college student, was deeply affected — couldn't focus on studies, felt helpless watching her father being slapped, shoved, and having objects thrown at him. Anjali even threatened to destroy household items and groped Ravi during one altercation.

Priya tried calling the local police emergency line. They said they "couldn't do anything" about a wife assaulting her husband. Frustrated, the family approached the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao reviewed the situation and advised that domestic violence against men is a criminal offence under the BNS. Advocate Sudhir Rao and his office argued that the police were wrong to dismiss the complaint. They filed a formal written complaint at the Ernakulam Central Police Station, citing specific sections of the BNS. The police then registered an FIR. Advocate Sudhir Rao's expertise in handling such gender-neutral domestic violence cases helped secure a protection order for Ravi and a counselling referral for Anjali. The case is now progressing in the Judicial Magistrate First Class court, Kochi.

Key Facts of the Case

• The abuse spanned over 18 months, involving physical assault (slapping, throwing objects) and verbal threats by the wife against the husband.
• The daughter, Priya, witnessed the abuse and was affected mentally — her studies and daily routine suffered.
• The local police initially refused to register an FIR, claiming domestic violence complaints against women are not actionable.
• The office of Advocate Sudhir Rao filed a written criminal complaint under BNS provisions, leading to police registration of a zero FIR and later a regular FIR.
• No Protection of Women from Domestic Violence Act, 2005, applied here — the remedy was under general criminal law (BNS).
• The court issued a protection order against Anjali, preventing further harassment, and directed her to undergo psychological counselling.
• No criminal charges were pressed against Priya for slapping her mother — the court considered it a reactive response in self-defence and defence of her father, and the matter was referred to mediation.

The Direct Legal Answer

Yes, domestic violence against men is a crime in India. There is no bar under the BNS or any other law. The BNS gender-neutrally punishes assault, criminal force, hurt, and criminal intimidation. The Protection of Women from Domestic Violence Act, 2005, is specifically for women — but that doesn't mean men are left without remedy. General criminal law applies fully.

Can the police refuse to file an FIR?

No. If a cognizable offence is disclosed — like assault or hurt — the police must register an FIR. Their refusal is illegal. In this case, the office of Advocate Sudhir Rao filed a written complaint before the Senior Police Officer (SP), compelling registration. You can also file a private complaint before a Judicial Magistrate under Section 175(3) BNSS if police refuse.

What about the son/daughter who slapped the mother in response?

That's a separate issue. The child's act could technically be an offence (assault), but courts often view it as a reactive act in defence of a parent or self-defence. In this case, no charges were filed — the court referred it to mediation. Legal advice is crucial here to avoid counter-complaints.

Is there a legal route to stop the abusive parent?

Yes. A complaint under BNS for criminal intimidation or assault can be filed. The court can issue a restraining order, direct the abusive spouse to leave the shared household (if it's a male victim's home), or require counselling. The child can also approach the Child Welfare Committee (if under 18) or file a petition as an affected person.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

But here's the thing: domestic violence cases involving male victims require domain-specific experience. Why? Because police, prosecutors, and even some judges carry gender biases. An advocate who regularly handles these matters knows how to frame the complaint, gather evidence without delay, and push through procedural hurdles. General practitioners may not know the nuances — like using BNS instead of the DV Act, or filing a zero FIR.

Document everything. Save threatening messages, record audio or video of abuse (if safe), collect medical reports of injuries, and keep a diary of incidents. This evidence is gold.

Don't confront alone. The abusive spouse may file a counter-complaint. Always have a legal professional mediate communication.

Applicable Sections of Law

This case is criminal in nature. The applicable sections under the Bharatiya Nyaya Sanhita (BNS) 2023 include:

• Section 115 BNS — Voluntarily causing hurt (punishment up to 3 years or fine).
• Section 125 BNS — Assault or use of criminal force (punishment up to 3 months or fine).
• Section 127 BNS — Assault or use of criminal force to woman with intent to outrage modesty (this is gender-neutral — applies to male victims as well, though rarely used; more commonly Section 125 applies).
• Section 308 BNS — Criminal intimidation (punishment up to 2 years or fine).

Procedurally, the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 governs the investigation, arrest, and trial. Sections 173(4) and 175(3) BNSS are key for police refusal cases.

Punishment and Penalties

• Section 115 BNS (Voluntarily causing hurt): Up to 3 years imprisonment or fine, or both. Cognizable, bailable, compoundable.
• Section 125 BNS (Assault/criminal force): Up to 3 months imprisonment or fine, or both. Cognizable, bailable, compoundable.
• Section 308 BNS (Criminal intimidation): Up to 2 years imprisonment or fine, or both. Cognizable (if threat causes alarm), bailable, compoundable (if not threat to cause death or grievous hurt).
• Fine ranges: Typically up to ₹5,000 for simple assault, higher for hurt depending on injury severity. No standard minimum.

Jurisdiction — Where to File the Case

For criminal matters, the territorial jurisdiction lies with the police station in the area where the offence occurred. In this case, the family home was in Kochi, so the Ernakulam Central Police Station had jurisdiction. If the police refuse, you file a private complaint before the Judicial Magistrate First Class (JMFC) of the same area.

For civil protection orders (like restraining the spouse from the home), you approach the same JMFC court through a criminal complaint under BNS. The court can issue interim orders. Jurisdiction matters because filing in the wrong court leads to delay and dismissal.

What if Police Refuse to File FIR?

This is exactly what happened here. Here's what to do:

• Step 1: Write a detailed written complaint to the Station House Officer (SHO) of the local police station. Keep a copy.
• Step 2: If no action in 2-3 days, send a complaint to the Superintendent of Police (SP) under Section 173(4) BNSS.
• Step 3: If still no action, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS. The magistrate can order the police to investigate.
• Step 4: As a last resort, file a writ petition under Article 226 of the Constitution before the High Court.

Don't give up. The police cannot legally refuse to register a cognizable offence.

Rights of the Accused

The accused (the abusive spouse) has rights too. But you need to know them:

• Right to remain silent: Under Article 20(3) Constitution, no one can be forced to be a witness against themselves.
• Right to legal representation: Under Article 22, the accused has the right to consult and be defended by a lawyer.
• Right to be produced before a Magistrate: Within 24 hours of arrest (Section 61 BNSS).
• Right to know grounds of arrest: Under Article 22(1), the accused must be informed of the grounds.
• Right to a copy of FIR: Under Section 230 BNSS, the accused can get a copy of the FIR and other documents.

Bail Provisions

All offences here (assault, hurt, criminal intimidation) are bailable. That means the accused is entitled to bail as a matter of right. No need to apply to the court — the police must grant bail if they arrest. So the abusive spouse won't stay in custody for long.

But for the male victim, this doesn't weaken the case. Bail is separate from trial. The court can impose conditions — like not contacting the victim, or staying away from the home. Violation leads to arrest.

Anticipatory bail (Section 482 BNSS) is also available if the accused fears arrest. But in these bailable offences, it's rarely needed.

Quashing of FIR / Case

The accused can seek to quash the FIR under Section 528 BNSS (High Court's inherent powers). Grounds include: no prima facie offence, abuse of process of law, or if the matter is settled and the offence is compoundable.

Since these are compoundable offences, the parties can compromise. If they do, the High Court may quash the proceedings. But don't agree to quashing unless the abusive spouse genuinely reforms — the victim's safety matters.

If You Are the Victim

• Record evidence: Audio, video, photos of injuries, screenshots of threats. Keep it safe.
• File a complaint immediately: Don't wait. The longer you delay, the less credible your complaint.
• Seek a protection order: Through the criminal court, you can get an order restraining the abuser from approaching you.
• Consider counselling: For both yourself and the abuser. It's not a legal remedy but helps break the cycle.
• Don't isolate yourself: Talk to trusted relatives or friends. Emotional support is critical.

Documents You Must Keep Ready

• Aadhaar card and PAN of the victim
• Medical records (injury reports, doctor's prescriptions, hospital bills)
• Photographs of injuries or damaged property
• Call recordings, WhatsApp chats, emails showing threats or abuse
• Diary entries of incidents (date, time, what happened)
• Any previous police complaints or court orders
• Witness statements (neighbors, relatives, friends who saw or heard abuse)
• CCTV footage if available

What Evidence Is Required?

• Primary evidence: Direct testimony of the victim and witnesses. Medical reports of injuries.
• Documentary evidence: Threat letters, messages, emails, call logs.
• Electronic evidence: Audio/video recordings, screenshots — with a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam (BSA) 2023.
• Circumstantial evidence: Pattern of behaviour, financial control, isolation of victim.
• Expert evidence: Psychiatrist reports if mental trauma is alleged.
• Demonstrative evidence: Photos of the home, objects thrown, etc.
• Secondary evidence: Certified copies of documents if originals are with the abuser.

How the Police Behave in Such Cases

Police officers often carry deep gender biases. They assume domestic violence is only against women. The male victim may face disbelief, dismissive attitudes, or outright refusal to register a complaint. In this case, the emergency helpline told Priya they couldn't "do anything."

The key is persistence. File a written complaint, not just a verbal one. Mention the exact BNS sections. If the local station refuses, escalate to the SP or file a private complaint. A lawyer experienced in these cases can handle the pushback. The police must follow the law — not their personal opinions.

Timeline of Legal Process

• FIR Registration: 1-7 days after complaint (if police cooperate, immediate; if not, after escalation).
• Investigation: 30-60 days. Police record statements, collect evidence, seek medical reports.
• Chargesheet: Filed within 60-90 days of arrest (or 90 days for serious offences). If no arrest, within 6 months.
• Cognizance by Court: 15-30 days after chargesheet.
• Framing of Charges: Within 30-45 days of cognizance.
• Trial: 6 months to 2 years for summary trial (these are simple offences). Can take longer if contested.
• Judgment: 1-3 months after trial concludes.
• Appeal: 30-90 days after judgment. Total time: 1-3 years for final resolution.

How Long Will the Investigation Take?

For simple assault and criminal intimidation cases, the police investigation typically takes 30-60 days. They'll record the victim's statement, collect medical evidence, and question the accused. A chargesheet must be filed within 60 days if the accused is in custody, or 90 days if on bail. In this case, investigation took about 45 days before chargesheet was filed.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Yes, these offences are compoundable. The parties can agree to a compromise — the victim withdraws the complaint, and the court acquits the accused or quashes the FIR. This is common in family disputes where rehabilitation is possible.

Mediation and Lok Adalat are good options. The court may refer the case to mediation under Section 89 CPC. If a settlement is reached, the court records it and closes the case. But be cautious: if the abuse is severe or likely to repeat, out-of-court settlement may leave the victim unprotected. Only settle if you are confident the abusive spouse will change or if you want to preserve the family unit.

Common Mistakes People Make

• Delaying the complaint: Waiting months or years reduces credibility. Report immediately.
• Ignoring evidence: Not saving messages, not taking photos of injuries. Once lost, it's gone.
• Engaging a lawyer without domain-specific experience: A general practitioner may not know the nuances of male victim cases — like how to frame a complaint under BNS instead of the DV Act, or how to handle police bias. An advocate who regularly handles these matters will have better procedural strategies and evidence handling.
• Confronting the abuser alone: Verbal fights escalate the situation and can be used against you in court.
• Posting on social media: Public posts can hamper the case — they may be used as evidence against you or prejudice the court.
• Not seeking a protection order: Many victims think the complaint alone is enough. A court order restraining the abuser is often necessary.

FAQs People Normally Have

Can a man file a complaint under the Domestic Violence Act?

No. The Protection of Women from Domestic Violence Act, 2005, only applies to women victims. Men have to use general criminal law under BNS. But the remedies are similar — protection orders, residence orders, and compensation.

What if the wife files a false 498A case?

This is a real risk. The moment you complain, she may file a counter-complaint under Section 498A IPC (now under BNS). That's why you need an experienced advocate. They'll help you build your case first and prepare documentation to counter false allegations.

Can the child be removed from the abusive parent?

Yes. If the abusive parent is a threat to the child's safety, the child can approach the Child Welfare Committee (if under 18) or the family court for custody modification. The court considers the child's best interests.

Is domestic violence against men common in India?

More common than reported. The National Family Health Survey (NFHS-5) data shows that about 5-6% of men report physical violence by their spouse. But due to stigma and lack of legal awareness, most cases go unreported.

How do I prove domestic violence without witnesses?

Medical reports, photos of injuries, and electronic evidence (messages, call recordings) are strong. A diary of incidents with dates and descriptions also helps. You don't need an eyewitness — the court can rely on circumstantial evidence.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India