The law for domestic violence is not a new topic to discuss. Almost everyone knows that physical and mental abuse can be reported to get relief against family members, if not economic abuse or otherwise. But most of the people do not know anything about a domestic incident report. That is why when they hear the term, there are frequently asked questions about whom to approach, who can complain, what happens next, etc. So here, all those FAQs have been addressed and answered in the easiest way possible, to make things clear. If you still have a doubt, please drop an email at lawgicalshots@gmail.com.
Domestic Incident Report in DV Case: Frequently Asked Questions
What is a Domestic Incident Report?
A domestic incident report, as defined under Section 2 (e) of the DV Act, 2005, means “a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person”. In simple words, a domestic violence incident report reflects the details of the incident when domestic violence took place. There is a DIR format or domestic incident report form which needs to be filled by the victim or someone on her behalf. It is the duty of authority concerned to make sure all the necessary details are duly entered in the DIR. A domestic violence incident report is the base for DV cases, just like an FIR in criminal cases. Hence, the DIR form details matter a lot to prove the case.
What is DIR in Domestic Violence?
DIR is the abbreviated form for a domestic violence incident report. Those who frequently deal in domestic violence cases usually use the short form, that is DIR in DV case.
How to file a DV case?
If you are a woman, subjected to domestic violence in a shared household, you may approach the nearest police station. The Protection Officer as appointed under Domestic Violence Act will assist you with filing a domestic incident report. Whether you need maintenance, residence orders, or any other relief, the same needs to be mentioned while filling the DIR form. The domestic violence incident report is reported to the Magistrate. Filing is followed by issuance of notice to the parties against whom domestic violence acts are alleged. The matter is decided based on the availability of medical and other evidence, after hearing both sides. However, interim relief may be ordered as per the provisions of Protection of Women from Domestic Violence Act, 2005.
Is a domestic incident report mandatory?
The Domestic Violence Act of 2005 requires the authorities to make a report on receiving a complaint of domestic violence from an aggrieved person or someone on her behalf. However, Courts have time and again held that a domestic violence incident report is not necessary for other types of domestic violence unless it is a case of physical violence. The victim in such a case may herself make an application to the Court, as held by the Bombay High Court in Sabah Sami Khan v. Adnan Sami Khan (2010).
Who prepares a domestic incident report?
As mentioned under Section 9 (1)(b) of the DV Act 2005, it is the duty of the Protection Officer to make a domestic incident report to the Magistrate in the prescribed format. As stated in Section 8, the State Government appoints Protection Officers in each district specifying the areas, powers and duties conferred upon them. The provision suggests Protection Officers to be women possessing prescribed qualifications and experience.
How to write a domestic violence report?
After receiving a complaint of domestic violence, the Protection Officer has to prepare a domestic violence incident report in the prescribed manner. The FIR form is provided under Form 1 of Domestic Violence Act. It includes mention of personal information of the aggrieved, contact details, respondent details, children (if any), details of sexual/verbal/emotional or economic violence, documents (if any pertaining to the violence complained of), prayer or relief sought.
What is the difference between DIR and FIR?
An FIR is a written document prepared by the Police when the commission of a cognizable offence is reported to them. In other words, when the Police receive information about commission of a serious (cognizable) offence, they reduce the information into writing, and the same is termed as a First Information Report (FIR). Any person can lodge an FIR with the police, provided that the information is genuine and true to their knowledge.
On the other hand, a domestic incident report is prepared on complaint of an incident of domestic violence. Any act specified under the Domestic Violence Act is reportable through a DIR report. Also, a DIR can be made on complaint by the aggrieved woman or through her friend/family. A male cannot be an aggrieved person himself as per DV Act 2005.
What is the time period for filing a domestic violence case?
Usually, there is no strict limitation period for filing a DV case through a domestic incident report. The reasoning is that domestic violence is mostly a continuing act, while the domestic relationship persists. Since the major motive of the DV Act is to extend relief to aggrieved women, the provisions do not per se prescribe a time bar.
Who can be involved in a domestic incident?
Any woman/girl who is aggrieved of domestic violence, by a woman or a man, in a shared household can seek relief under the Protection of Women from Domestic Violence Act, 2005. The parties should be in a domestic relationship, related to each other by consanguinity (having same ancestors), marriage, or through a relationship in the nature of marriage (covers live-in partners), adoption or are family members living together as a joint family.
It may be noted that the Act only extends protection to women, regardless of their age. Thus, if it is a boy, young or old man, aggrieved of domestic violence at the hands of another man or woman, he is not protected and cannot lodge a domestic incident report.
Inference
As can be seen hereinabove, a domestic violence incident report usually lays the foundation of a DV case in India. A complaint can be made to the Protection Officer as long as the domestic relationship and violence continues. The domestic incident report format prescribed by the authorities includes various details related to the parties as well as the incident to be reported. The DIR is made to the Magistrate who in turn hears the parties to decide whether to or not to extend the relief sought by the aggrieved woman.
