International Journal of Human Rights Law Review

International Open Access Double Blind Peer Reviewed, Referred Journal

ISSN No. : 2583-7095

The Relationship Between Domestic Violence and Criminal Law in India: A Critical Analysis

Cite this Article

Mayank Shriniwas & Dr. Arvind Kumar Singh (2026). The Relationship Between Domestic Violence and Criminal Law in India: A Critical Analysis. International Journal of Human Rights Law Review, Volume 5(Issue 2). Retrieved from https://humanrightlawreview.in/journal/the-relationship-between-domestic-violence-and-criminal-law-in-india-a-critical-analysis/

Abstract

In India, domestic violence has changed from being seen as a private family conflict to being acknowledged as a constitutional and human rights violation that calls for legal action. The intricate relationship between punishing criminal laws and civil protective procedures is reflected in the legal structure controlling domestic violence. The Protection of Women from Domestic Violence Act, 2005 and important sections of the Indian Penal Code, such as Section 498A (cruelty), Section 304B (dowry death), and Section 306 (abetment of suicide), are the main topics of this paper's critical analysis of the relationship between domestic violence and criminal law in India. Criminal law serves as a deterrent by imposing penalties for serious wrongdoing, but the Domestic Violence Act offers prompt civil remedies such protection orders, residence rights, and financial redress. The paper analyses judicial trends, particularly the Supreme Court’s evolving stance on arrest procedures and misuse allegations, and evaluates the constitutional foundations of criminalizing domestic abuse under Articles 14, 15(3), and 21 of the Constitution. It argues that although criminal law plays a vital symbolic and deterrent role in addressing domestic violence, a purely punitive approach remains insufficient in the absence of structural reform, effective enforcement, and victim-centered implementation. The study concludes that a balanced and integrated model combining civil protection, criminal accountability, and socio-legal support mechanisms is essential for achieving substantive gender justice in India. The report also highlights the necessity of institutional sensitivity, unified judicial interpretation, and policy changes to guarantee that criminal law remedies successfully result in victims' actual protection and empowerment.

Journal Information

International Journal of Human Rights Law Review
ISSN No.
2583-7095
Submit Manuscript
Licensing
All research articles published in The International Journal of Human Rights Law Review are fully open-access. i.e. immediately freely available to read, download, and share. Articles are published under the terms of a Creative Commons license, which permits use, distribution, and reproduction in any medium, provided the original work is properly cited.
Disclaimer
The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJHRLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJHRLR.

Article Analytics

8
Page Views
1
Downloads