The Role Of Police In Domestic Violence Cases - Examining Response Protocols And Victim Support In India
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THE ROLE OF POLICE IN DOMESTIC VIOLENCE CASES:
EXAMINING RESPONSE PROTOCOLS AND VICTIM SUPPORT IN INDIA
Chanchal Sharma, National Forensic Sciences University, Gandhinagar
ABSTRACT
Indian response to domestic violence by police is changing with response protocols, support mechanisms, and the resultant impact of recent legislative reforms. Traditionally, domestic violence was managed under Section 498A of the Indian Penal Code (IPC), which criminalized cruelty by husbands and in-laws but focused more on punitive measures than on providing comprehensive support to the victim. Protection of Women from Domestic Violence Act (PWDVA) 2005 approached the more protective, victimcentred model by introducing civil remedies such as protection orders, residence rights, and financial support. The bill enhanced the role of the police in making its efforts more informed and assisting the victim in gaining access to social and legal services.
In fact, the latest amendments to the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) have strengthened police procedures. Such provisions as Zero FIR and e-FIR allow complaint filings across jurisdictions and online. Audio-video recording of victim statements lends additional transparency and reduces manipulations. The witness protection schemes and fixed timelines in investigations support safety and efficiency in judicial procedure. This stream of legislative changes reveals an Indian intent to be more or less a victim-oriented approach by ensuring more accountability on the perpetrator's side and a strong safeguard for the survivor.
When technology is integrated and practices are improved in police and transparency, it victimcentered policing will provide arms for the survivor of domestic violence, help her take on it using this right tool to seek redress and rebuild her life. Keywords: Domestic violence, Police protocols, Victim support, Protection of Women from Domestic Violence Act, Bharatiya Nyaya Sanhita, Indian Penal code.
INTRODUCTION
Domestic violence is an issue that has persisted across socio-economic, regional, and cultural lines in India. Despite tremendous legal reforms, the problem of domestic violence continued to be an old social evil impacting families and communities directly besides direct victims. 1 A traditional matter of privacy within the family, domestic violence slowly has begun its entry into the public domain as legal machinery recognizes this offense as criminal and justifies state intervention. Domestic violence is emphasized as a serious offense under Indian laws, such as Section 498A of the IPC and the Protection of Women from Domestic Violence Act, 2005. 2 However, despite these legal provisions, domestic violence remains underreported, often due to societal pressures, stigma, and victim hesitancy to approach law enforcement.
In this challenging landscape, police response is a critical factor in the justice process. As the first point of contact, police have the responsibility not only to enforce the law but also to support and protect victims through effective intervention. Police play a crucial role in cases involving domestic violence. They usually are the first to come into contact with the victim in such cases and determine, at least initially, which course of action will affect the victim's safety and well-being and her attitude toward the justice system in general. Their response-including how they document an incident, address victim concerns, and collect evidence-influences the entire judicial process. 3 The police are also crucial to victim support services. They lead victims to the appropriate service, whether it is a shelter, counseling, or legal aid.
Preventive measures such as restraining orders must also be taken. As domestic violence cases are quite sensitive, police protocols need to ensure that responses remain consistent and victim-centered yet compliant with legal standards. Equipped with particular procedures for dealing with cases of domestic violence, professionally trained police officers can mitigate more harm and provide emotional support to the victim. 4 The biggest challenges are a scarcity of resources, minimal gender-sensitization training on the part of police forces, and cultural prejudice that hampers the overall efforts of law enforcement in this 1 Julia Braunmiller & Isabel Santagostino Recavarren, Indian Women’s Long Journey Towards Equality in Law and Practice, World Bank Blogs (Nov. 6, 2023), https://blogs. worldbank. org/en/developmenttalk/indianwomens-long-journey-towards-equality-law-and-practice.
2 Nisha Arekapudi & Nayda L. Almodóvar-Reteguis, Women’s Property Rights Are the Key to Economic
Development, World Bank Blogs (Feb. 24, 2020), https://blogs.worldbank.org/en/developmenttalk/womensproperty-rights-are-key-economic-development. 3 National Criminal Justice Reference Service, Policing Domestic Violence: Dilemmas and Contradictions, https://www.ojp.gov/ncjrs/virtual-library/abstracts/policing-domestic-violence-dilemmas-and-contradictions.
4 Ibid.
matter. The objective of this research paper is the analysis of the role of the police in domestic violence, particularly regarding their response protocol and mechanisms of support toward victims.5 The scope of the study is restricted to cases of domestic violence in India, and research includes aspects such as mechanisms for police response, challenges in effective implementation, and data analysis from sources such as the National Crime Records Bureau (NCRB), Bureau of Police Research and Development (BPRD) journals, and Law Commission Reports.
OBJECTIVES
AND
SCOPE
The main objective of this research is to examine the role of police during instances of domestic violence, with a particular focus on response procedures and processes of victim support. This study will answer a few of the important questions, such as: • How effective are the existing police procedures in handling cases of domestic violence? • What challenges does police face in ensuring victim protection and justice? • How do the recent legislative changes like BNS and BNSS change police response to domestic violence?
RESEARCH
METHODOLOGY
This research adopts a mixed-methods approach combining qualitative and quantitative data for comprehensive analysis of police responses in domestic violence cases. The methodology is a review of secondary data from the following sources: • National Crime Records Bureau (NCRB): Statistical data on domestic violence cases, reporting rates, times taken by police in responding to such cases, and case outcomes; these NCRB data are apt to help in finding out the patterns and trends and give a quantitative picture regarding the police's effectiveness. • Bureau of Police Research and Development (BPRD) Journals: The BPRD publishes releases and training modules that give a peek into police training, procedure, and updates on how domestic violence cases are being handled. • Law Commission Reports: Recommendations and observations of the Law
5 National Crime Records Bureau, Crime in India (2023), https://www.ncrb.gov.in/
Commission have given a legal dimension to the inefficiencies of existing laws and proposed reforms, which in turn have influenced police responses. Reports can be used to assess the broader legal reform context in improving the police handling of cases. RESEARCH QUESTIONS
1. Are the police protocols of today efficient enough in bringing safety and support to
victims of domestic violence?
2. How have recent legislative changes to the Bharatiya Nyaya Sanhita (BNS) and
Bharatiya Nagarik Suraksha Sanhita (BNSS) changed roles and responsibilities of police working in cases of domestic violence?
HISTORICAL AND
LEGAL FRAMEWORK
Historically, the Indian mind has considered domestic violence an issue that concerns the family rather than an issue of law. Based on a patriarchal structure, Indian society had perpetuated and encouraged silence regarding domestic violence, leaving victims without relief or support. 6 It is only in the late 20th century that India began to consider domestic violence as a crucial social and legal issue. Early laws against domestic violence were indirect, usually written into broader criminal laws that did not mention spousal or family abuse in specific terms. The first of the earliest attempts to legislate against a related issue that contributes to domestic violence was the Dowry Prohibition Act, 1961. It, however only curtailed dowry demands rather than providing protection for the victims of domestic violence and guidelines for law enforcement.
7 As is evident from above, a very thin and limited legal framework continued with many such cases unsolved, therefore, only to continue circles of violence and abuse inside families. There was eventually rising awareness, led by waves for women's rights, indicating the urgent requirement for detailed legal safeguard against abuse in marriage. The criminalization of domestic violence in India only started gaining a definite shape with the introduction of Section 498A of the IPC in 1983. In this regard, the said provision marked a significant step wherein “cruelty” inflicted by a husband or his relatives on a woman was explicitly recognized. Section 498A defined cruelty in very broad terms, and included within
6 Aniket Sancheti, Domestic Violence Against Women in India
A Socio-Legal Study, IJRAR (2020), https://ijrar.org/papers/IJRARTH00189.pdf.
7 Dowry Prohibition Act, No. 28 of 1961, Acts of Parliament, 1961 (India).
its ambit, not only physical but also mental harassment. 8 This would even include dowry demands which might provoke a woman to commit suicide or cause grave injury to herself. The law did empower police to arrest the offenders; in this context, the stance taken is relatively more forceful towards victim protection. But even though Section 498A provided a legal route to redress for the victim, it was also under a lot of criticism in respect of its limitations in this regard, especially criminal orientation without providing any civil redressal like shelter and monetary support. Again, the misuse of such provision by some people makes a question mark on the efficiency of the section with regard to police protocols generally insensitive and vague in treating cases in the right perspective. Well, now with the PWDVA of 2005, there has been the radical change.
Other controversially criticized section is that under Section 498A-again, criminal. It happens that PWDVA had made this a civil law only providing relief comprehensively available to the victim. What happened was the enlargement under the PWDVA the definition of domestic violence through physical violence and inclusion emotional abuse, economic abuse along with the sexual abuse. 9 Under this law, victims may seek protection orders, residence orders, and monetary relief, thus offering broader support beyond the penitential process of criminal prosecution. While registering complaints, police officers, under the provisions of the PWDVA, were required to assist victims in accessing medical aid, legal assistance, or shelter.
10 It thus means a paradigm shift from previous domestic violence cases to handle cases with an added component of victim protection and support along with legal redress. Legislative reforms such as Criminal Law (Amendment) Act, 2013 have strengthened the sexual violence laws by making harsher punishment which indirectly will help victims of domestic violence by the definition and the consequences it provides to a few of these practices. This is the balance in laws, contributing to the holistic legal regime in understanding the complexities of domestic violence and asks the police to be multi-dimensional in dealing with the cases. Law Commission Reports on Domestic Violence The Law Commission of India has played a significant role in sifting through loopholes in legal
8 Indian Penal Code, 1860, Section 498A, No. 45, Acts of Parliament, 1860 (India).
9 The Protection of Women from Domestic Violence Act, 2005, No. 43, Acts of Parliament, 2005 (India). 10 Julia Braunmiller & Isabel Santagostino Recavarren, Indian Women’s Long Journey Towards Equality in Law and Practice, World Bank Blogs (Nov. 6, 2023), https://blogs. worldbank. org/en/developmenttalk/indianwomens-long-journey-towards-equality-law-and-practice. structure and recommending law reforms which have a direct connection to police procedure and victim advocacy. Various reports showed that the early laws such as Section 498A were inadequate in terms of their ability to produce guilt for the offender but were highly capable of serving protection and support for victims. For instance, the 172nd Law Commission Report urged that domestic abuse be regarded as more than physical violence and recommended legislation which includes psychological and financial dimensions of abuse.
11 This report and other similar ones set the basis for PWDVA by motivating legislators to adopt a more integrated approach. Moreover, reports by the Commission were insistent on police training and sensitization so that police officers can effectively deal with complaints of domestic violence without strengthening the prejudices in society. The 243rd Law Commission Report also suggested that efforts be made to strengthen the protocols of the police force by training officers to recognize abuse signs and obliging them to follow certain guidelines in handling cases of domestic violence. 12 The report also recommended that victim support units be opened in police stations and coordination be improved with social service organizations to offer follow-up services to the victims.
These suggestions have greatly shaped police practice, recommending specific training packages and even structures to be put in place to provide victims with the right kind of help. The work of the Law Commission has brought to the forefront the importance of proper data collection and reporting in cases of domestic violence. It has recommended that NCRB enhance its record-keeping practices to keep track of better incidents of domestic violence, so the policymakers and law enforcement officials can understand the scope of the problem and evaluate how effective the existing laws have been. POLICE RESPONSE PROTOCOLS IN DOMESTIC VIOLENCE CASES Police handling domestic violence cases depend more on the protocols adopted, training received, and unique problems they face.
This chapter explores the standard operating procedures in place when responding to domestic violence cases, looks at the role of training and sensitization programs for police, and analyzes practical difficulties that law enforcement
11 Law Commission of India, 172nd Report on Review of Rape Laws 45 (2000),
https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022082487.pdf
12 Law Commission of India, Report No. 243, Section 498A IPC 12 (2012),
https://cdnbbsr. s3waas. gov. in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081053-3. pdf officers experience when addressing such cases. Current Police Protocols for Domestic Violence Cases In recent years, the Indian police have approached cases of domestic violence with more structure and definition. Such procedures have been established to provide for immediate protection as well as support for the victims while also ensuring evidence is documented, making the judicial processes run relatively smoothly. 13 The core objective of these protocols is a standardized approach toward domestic violence by police departments in India, with an aim of reducing discrepancies in response to ensure a high standard for victim support. When the complaint of domestic violence reaches the police station, procedural steps are followed by them.
They should immediately intervene by keeping the victim in a safe and remote location, and even giving emergency services if possible, to consider the history of abuse that may make it more acute and escalative; then to issue restraining orders to keep the perpetrator away from doing further harm. 14 Only once the immediate danger would have passed would officers be expected to report the complaint in all their details, with capturing on record any injuries or threat or evidence of maltreatment. Proper documentation, therefore, becomes imperative, and it is an area in which adherence to the protocols proves fundamental. Police must also inform the victim of her rights and legal protections available under laws like the PWDVA, 2005. 15 The PWDVA requires police officers to inform victims about her right to seek protection orders, monetary relief, and other supportive measures.
Another crucial protocol involves access to support services. Police stations are often compelled to liaise with social services such as women shelters, counselling offices, and legal aid facilities to ensure that the victim receives all the necessary care other than security immediately. In some jurisdictions, police stations are also referred to hospitals for examination so that their physical injuries are registered as well, which act as great evidence in any court trial. Training and Sensitization Programs Training and sensitization are essential so that the police officers can deal with domestic violence cases effectively. The Bureau of Police Research and Development was able to
13 Bureau of Police Research and Development, Annual Report (2023), https://bprd.nic.in/
14 Protection of Women from Domestic Violence Act, 2005, No. 43, Acts of Parliament, 2005 (India).
15 Ibid.
develop training modules for dealing with the incident of domestic violence. According to BPRD journals, the training program ensures an increase in officers' understanding of complexities of domestic violence, including physical but emotional, economic, and psychological forms of abuse. 16 Another important component is gender sensitization, and trainings in sensitization must help officers realize their own vulnerabilities to biases and understand how sensitive they have to be with victims of domestic violence. The training further encompasses legal framework in relevant terms whereby officers are familiarized with some provisions under laws such as 498A of the Indian Penal Code and the PWDVA. 17 This legal knowledge is significant for officers to inform the victims of their rights and the legal remedies available for them.
Moreover, the training by BPRD also provides practical knowledge about the process of evidence collection and documentation. They learn how to collect evidence, record statements, and preserve it. Such steps are very crucial to ensure successful prosecution. Some of the training programs also involve mock scenarios and role-playing exercises so that officers can practice responding to domestic violence in a controlled environment. The BPRD has also introduced digital modules where officers can participate in training sessions online, thereby bridging the training gap in remote or resource-poor regions. 18 These strides notwithstanding, training coverage and consistency still have gaps. Many rural police stations do not have regular access to these programs, training being mainly available for a few higher-ranking officers.
The junior personnel, therefore, are less equipped to handle those cases with the required sensitivity and legal knowledge. Practical Challenges Faced by Police Police response protocol and training have become improved, but in reality, there are some practical challenges faced by the officers in implementing their domestic violence protocols. This is primarily due to the prevailing social attitude. Domestic violence still remains in the list of issues related to family problems among most of the parts of India and the people or the victim of the house resist when police interfere in this domestic matter. Under pressure from family and social stigma, the victims often retract complaints or refuse to file charges. This
16 Bureau of Police Research and Development (BPRD), Training Modules on Domestic Violence Response,
BPRD Journal, Vol. 15, No. 3, 2023.
17 Protection of Women from Domestic Violence Act (PWDVA), 2005.
18 Supra 16.
also complicates the role of the police. 19 This also hampers immediate response and impacts the long-term protection of victims and meting out justice. Resource constraints play an important role in affecting the police response. Many police stations across the country are under-staffed and do not have specialized units or personnel with training on how to deal with cases of domestic violence. This leaves room for several delays that may be associated with a response time this could, therefore, delay effective implementation of support protocols for victims. 20 There are usually no specific facilities in police stations where a victim can be interviewed or assisted while providing the secrecy and security necessary to enable the comfort of a victim in reporting their abuse. Legal restrictions further complicate the police response.
While laws such as the PWDVA offer a wide range of protections to victims, they are civil in nature, and the police have to collaborate with civil courts to enforce some of the orders, such as residence and protection orders. 21 At times, this distinction between criminal and civil proceedings sometimes causes jurisdictional confusion and police officers are sometimes confused about their authority to enforce noncriminal protective measures. Another challenge that arises is judicial backlog. The police take evidence and follow procedures, but then the case lingers in the judicial system due to delay, which is usually frustrating for the victims waiting for justice. 22 In other cases where the victims run back to their abusive relationship due to delay, police may feel like they are powerless, and their efforts will be undermined by systemic flaws that cannot be controlled by them.
While police response protocols regarding domestic violence in India have evolved, training has led to greater sensitivity and better knowledge among officers, challenges continue to exist. Societal attitudes, resource constraints, and legal ambiguities have created significant barriers in the face of police support for victims of domestic violence. To address these challenges, there is an urgent need for a multilevel approach-by attacking policy reforms, resource augmentation, and continuous community education to help change societal attitudes toward domestic violence.
19 Domestic Violence in India
Challenges and Solutions, Careerindia (Nov. 1, 2024), https://www.careerindia.com/features/domestic-violence-challenges-and-solutions-india-011-044843.html 20 How Indian Police Stations Handle Domestic Violence Cases, Police Station (Sept. 12, 2024), https://policestation.com/how-indian-police-stations-handle-domestic-violence-cases/. 21 The Protection of Women from Domestic Violence Act, 2005, No. 43, Acts of Parliament, 2005 (India).
22 Domestic Violence in India
Challenges and Solutions, Careerindia (Nov. 1, 2024), https://www.careerindia.com/features/domestic-violence-challenges-and-solutions-india-011-044843.html.
VICTIM SUPPORT MECHANISMS AND POLICE ROLE
In addressing domestic violence, the role of the police should be more than just crime investigation and prosecution; it is providing support at the time when its victim need it the most, safety for the victims, and coordination with other support services. It looks into the mechanisms that already exist for victim support from coordinative services offered by the police in terms of shelters and counselling facilities and preventive measures as well as challenges that police face in this pursuit of satisfactory victim care. It also explains the gaps that exist in the support system by using information from victims, NGOs, and any other party participating in response to domestic violence. Immediate Support Mechanisms When there is a complaint of domestic violence, police intervention goes beyond merely recording the complaint and taking immediate steps in securing the victim.
This usually involves coordinating with external support systems including shelters, counselling services, and legal aid. 23 Such support is usually crucial for victims, as they transition into safer environments, thereby making decisions about future legal pursuits. Women's shelters, commonly referred to as “safe houses,” offer the first point of refuge for the victims. The police frequently refer the victims to the shelters and ensure safe transport, especially for those having an immediate threat. 24 Some police departments have a domestic violence unit or liaison officers who liaise closely with local shelters in order to facilitate this process and enable easy access for the victim to safe housing, when necessary. Another key support service is counselling.
The police can take the victims before counselors or social workers for the processing of their trauma, consideration of options for them, and resources to connect with. Counselling services are of immense importance because most domestic violence incorporates psychological and emotional abuse. These might isolate the victim or cause the victim to feel powerless. Trauma-informed response technique-trained police officers can provide some preliminary psychological support by making the victim feel safe and validated. Legal aid is what victims need when they file cases against their abusers in court. Many police stations in India have legal aid clinics or NGOs that provide such pro bono services that assure
23 Supra 13.
24 Bureau of Police Research and Development, Training Manual on Domestic Violence 45-47 (2023).
the victim is armed with knowledge of her legal rights under the PWDVA or Section 498A, Indian Penal Code. 25 These legal protections include rights for protection orders, residence orders, and financial support. Coordination of the police service with access to legal aid services allows victims of abuse access to these protections to achieve the much-needed legal remedies that prevent further abuse. Role of Police in Ensuring Victim Safety The police also have an important role in the protection of domestic violence victims before and after a complaint has been lodged. Preventive measures that the police are to be involved with include the enforcement of restraining orders, establishment of protection protocols, and periodic check-ups on the well-being of the victim.
One of the key preventive measures that prevent the victim from further abuse is the restraining order or protection order. The PWDVA allows police to protect such victims by helping them secure the legal orders the court may provide for them as a protection against such abusers that will be given such restriction orders as will not allow them any contact or approach at such people. Police may watch whether such restriction order is appropriately followed at times because such failure or violation of this kind of restriction allows police to impose strict measures upon such wrong doers. By doing this, the police provide security to the victims, hence making them feel relatively safer after abuse. Protection procedures are also important, especially to those who decide to stay in or go back home.
The victims may be forced to stay close to their abusers due to financial constraints, family responsibilities, or social pressure. In such cases, the police can take measures such as frequent patrols around the house of the victim or task officers to visit them occasionally. Some police stations even have emergency contact numbers with which victims can contact direct assistance in case they fear being threatened. Such measures not only provide an outward, physical layer of security but also reassure victims and thus make them feel better while considering their options. Another important preventive measure is the regular follow-ups. The police can track for signs of repeated abuse by keeping open lines of communication with the victim after an initial complaint.
This constant support tends to build trust between the law enforcement and the 25 Protection of Women from Domestic Violence Act, 2005, No. 43, Acts of Parliament, 2005 (India); Indian Penal Code, 1860, Section 498A, No. 45, Acts of Parliament, 1860 (India). victim, making it more probable that victims will cooperate in subsequent legal proceedings and become confident in seeking police help when needed. Gaps in Victim Support and Police Challenges Despite these critical roles, many gaps in victim support exist, and there are quite a number of challenges that police face in providing the most needed services for victims. One of the biggest ones is the shortage of shelters, especially in rural or underserved areas.
As shelters are essential in helping victims who require leaving their homes right away, availability is a challenge or simply overcrowded, which makes relocating victims to safe houses a very challenging option for the police. This has been increasing pressure on the police to find other alternative solutions that may be very limited or inadequate in providing victim safety. The availability of scope for counseling and legal aid services can be one other challenge. Some police stations lack registered partnerships with the mental health professionals or even the providers of legal aid, mostly in remote regions. Hence, victims cannot seek complete assistance, such as trauma counseling or legal advice, which makes them have the greater tendency to feel coerced to return back to the abusers on social or monetary pressure.
Police officers are not an exception to the issue since they face some difficulties as well, which is basically due to being under-resourced and receiving inadequate training by societies which tend to guide them about how they would respond to such violence. Many lack appropriate training on trauma-informed care that would leave a room for the officers to traumatize the victims indirectly or end up poorly handling cases. Cultural prejudices, at times, may lead people to perceive it as a “private matter”; this undermines the ability of an officer, and their tendency towards the strict application of protective orders, would lean toward mediation rather than prosecution. There is a lack of police support in the case of feedback from victims, NGOs, and advocacy groups.
Most victims feel unsupported by the police, claiming that their questions are not well addressed, responses take long to be received, and follow-up actions are never undertaken. Such a feeling further hinders the willingness of some victims to report incidents for fear of police apathy or backlash from their attackers. It may be concluded that the challenges police face in the efficient service delivery process include resource availability, societal biases, and lack of proper victim support mechanisms. The gap must be filled by better agency-to-agency collaboration, improved resources, and more targeted training on empathy and a more victimcentered approach.
COMPARATIVE
ANALYSIS
OLD LAWS VS. NEW LAWS This chapter presents a comparative analysis of the evolution in India’s legal framework for addressing domestic violence, highlighting the shifts from punitive to protective approaches, as well as examining the impact of new legislative changes on police protocols. By focusing on the shift from traditional penal approaches like Section 498A of the IPC to more comprehensive frameworks like the PWDVA, and potentially newer provisions under the BNS, this chapter explores how these changes have reshaped police roles, training, and intervention strategies. It also includes case studies demonstrating how updated laws and police protocols have led to successful interventions and enhanced victim protection.
The shift from a penal to a protective approach in handling domestic violence in India reflects an evolving understanding of domestic violence as not only a crime but also a complex social issue that requires supportive measures for victims. Originally, Section 498A of the IPC criminalized cruelty by husbands and in-laws, focusing on punitive measures. While this provision was aimed at deterring abuse, it was more of a punishment-oriented measure than a victim support and relief mechanism. PWDA, 2005, marked a paradigm shift with an emphasis on victim safety, support, and rehabilitation. The PWDVA was not a criminal law like the IPC but provided civil remedies, including protection orders, residence rights, financial support, and counseling.
This holistic approach identified that domestic violence involves more than just physical and other forms of harm because there are also emotional, economic, and psychological ones involved. Roles of police under PWDVA were also added wherein they were tasked to orient victims regarding their rights, how they could access shelters, and interact with services. A lot of updates in the BNS and BNSS that were concerning police roles in domestic violence case response focused on responsiveness, victim-centric procedure guarantee, and technology for transparence and efficiency in police response.
Here's a breakdown of these provisions that impact police roles when responding to cases of domestic violence: • Victim-Centric Changes in Investigation and Police Communication: Section 173(2) The Immediate Copy of FIR to Victims This right to get a free copy of the FIR immediately is a significant step for victims of domestic violence in respect of this. They often are uninformed about their case status or legal rights, thereby increasing transparency and empowering them to take further legal action, if necessary.
Section 193(3)(ii) of the code provides that the police are duty-bound to communicate the status of the investigation to the victims within 90 days. Electronic communication has also been rendered valid in this regard, so that the victim can be kept informed without having to visit the police station frequently, which would be a relief to survivors of domestic violence who crave reassurance and transparency. • Enhanced Privacy and Protection During Investigation: Section 179(1) excludes women, minors, aged persons, and people with disabilities from compulsory appearance before police stations unless they so desire to. This section is an attempt at reducing the trauma that may be bestowed upon the victims of domestic violence since they may be able to give their statements in a safer, private setting.
• Recording of Victim Statements: Sections 176(1) and 183(6) require that in cases of serious offenses, such as domestic violence, the statements must be recorded by audiovisual means or by a woman magistrate if possible. This is a requirement towards transparency and sensitivity so as not to allow manipulation or misinterpretation of the victim's statement, critical in domestic violence cases. • Strengthened Police Protocols for Victim Safety and Protection Witness Protection Scheme: Section 398 lays down that the statute should mandate each state to provide a witness protection scheme. Added Security to Victims of Domestic Violence It would be significant since such victims fear reprisals from the very criminals whose violence they are trying to combat.
The police, then, can actively try to protect the victim of violence while she is seeking protection within the justice delivery process and is able to muster enough courage to pursue the prosecution without fear of the wrath of the criminal. • Gender-Neutral Summoning Process: Section 66 introduces the term “adult male member” to be substituted by “adult member” for summoning purposes, another step toward inclusivity. While very broad, it demonstrates police accountability in ensuring all family members, including women, are involved in the case process, which can be pertinent in cases involving domestic violence with complex family dynamics. • Provision for Summons, Search, and Seizure in Domestic Violence Cases Handling Digital Evidence and Documentation: New provisions include the production of electronic communication and devices likely to contain evidence during an investigation.
With this amendment, it reflects this growing recognition of electronic evidence involved in domestic violence cases where abusive messages or threats are posted or sent via digital platforms such that police can handle better digital records. • Quick Disposal of Case Property: Section 497 allows the disposal of case property, such as articles taken during an investigation into domestic violence, within 14 days from the date of its documentation. This provision prevents victims of domestic violence from suffering the trauma of staying in protracted legal or emotional limbo, where items taken during an investigation are kept for extended periods.
CONCLUSION
In the last couple of decades, India's legal system with regard to domestic violence has undergone considerable changes from pure punitive laws to those based on the protection of and support to victims. When Section 498A was first incorporated into the IPC, it was done to criminalize cruelty by husbands and in-laws, giving a deterrent force of law to abusers. Instead, this law remained one of punishment rather than concentrating on the more pressing issues such as protection, shelter, and counselling for victims in immediate times. The PWDVA, 2005, was the critical shift in the form of civil remedies that include the protection orders, residence rights, and financial assistance, unlike the IPC.
Under the PWDVA, therefore, the police were required to not only respond to complaints of domestic violence but also inform them of their rights, assist them to access support services, and cooperate with social services. It protects victims further through the addition of new reforms in BNS and BNSS, Zero FIR and e-FIR provisions of BNSS permitting cases and even e-FIR filings as made across jurisdictions and even electronically to remove the problem of logistics. Recording audio-video statements of victims increases openness along with protection of victims' interests. The scheme is able to protect the integrity of witnesses by making appropriate security arrangements that help ensure their testimony without any possible intimidating incidents.
These reforms strike a balance by empowering the victim and creating accountability on the part of the offender, making law accessible, efficient, and responsive in cases of domestic violence by integrating technology to ensure swift updates on the investigation carried out and mandating it to have clear protocols-a step further in India adopting a victim-centered approach in regard to domestic violence, capable of equipping survivors of domestic violence with the skills and protections they need for pursuing justice and rebuilding themselves safely.