Domestic Violence Act Arrest: What Indian Law Says

Can police arrest under the Domestic Violence Act in India? Understand when arrest is possible, when it isn’t, and what remedies the PWDVA actually provides.

Domestic Violence Act and Arrest: What Actually Happens in India

Filing a complaint under the Domestic Violence Act does not automatically lead to the accused being arrested. This surprises many families — and the reason matters.

Is the Domestic Violence Act a criminal law?

No. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a civil law. Its remedies are court-issued orders — a protection order stopping contact or violence, a residence order securing the survivor’s right to stay in the shared home, and monetary relief. The court enforcing these orders is a Magistrate, but the proceedings themselves are civil in nature, not criminal.

When can arrest happen under the DV Act?

Arrest is possible when the accused violates a court order issued under the Act. Breaching a protection order or residence order constitutes contempt, and the Magistrate can order the accused’s detention as a consequence. The violation — not the original complaint — is what triggers arrest under this law.

Can a criminal FIR be filed alongside a DV complaint?

Yes. The PWDVA explicitly preserves the survivor’s right to pursue criminal remedies separately. If the same incident involved physical assault, criminal intimidation, or dowry-related harassment, an FIR can be filed under the Bharatiya Nyaya Sanhita, 2023 (which replaced the Indian Penal Code) at the same time as the DV case. Both proceed independently; filing one does not block or replace the other.

For dowry harassment specifically, the applicable provision should be confirmed with a lawyer based on the facts of the case.

What should a survivor or family member do?

• File a DV complaint with a Protection Officer, a registered NGO, or directly before the Magistrate for civil remedies.
• If there is a criminal angle — assault, threat, dowry demand — file a separate FIR at the police station simultaneously.
• If the accused has already violated a court order, approach the Magistrate immediately; that is when the court’s power to order detention comes into play.

If you need to identify the right lawyer or Protection Officer in your city, connect with a vetted legal professional through Rihai at myrihai.com.