If the police refuse to act on a domestic violence complaint you have made against your husband, I want you to know straight away that you are not powerless. Indian law gives you several routes to protection that do not depend on the goodwill of one police station. The Protection of Women from Domestic Violence Act, 2005 (PWDV Act), the Bharatiya Nyaya Sanhita, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and the Constitution together create a strong safety net. If you are in immediate danger, call 112 first. Then read on, because each step below can be taken quickly and many can be taken without the police at all.

Let me begin with an important reassurance. Domestic violence in India is not only a criminal matter that depends on an FIR. It is also a civil rights issue under the PWDV Act, which allows you to approach a Magistrate directly for protection, residence, maintenance, and compensation. Many women assume that if the police do not register a case, nothing can be done. That is simply not true. The police are one door, not the only door.

Understanding what counts as domestic violence will help you frame your complaint correctly. Section 3 of the PWDV Act defines domestic violence broadly. It includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. Insults, ridicule, threats, name-calling, denial of money for household needs, taking away your salary or jewellery, and forcing you out of the matrimonial home can all qualify. You do not need to have visible injuries to be a victim of domestic violence.

Under Section 2(a) of the PWDV Act, you are an "aggrieved person" if you are in a domestic relationship with the respondent and allege domestic violence. Under Section 2(q), the respondent includes your husband and his relatives. In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the Supreme Court struck down the words "adult male" from that definition. This means female relatives of your husband, such as a mother-in-law or sister-in-law, can also be made respondents if they are involved in the abuse.

Now let us understand why police sometimes refuse to act. Sometimes the officer believes the matter is a "family dispute" and tries to send you back for compromise. Sometimes the police say they must first conduct an enquiry. In some cases, police point to the two-month "cooling period" introduced in matrimonial cruelty cases. Understanding each of these reasons will help you respond firmly and correctly.

The first legal point is the duty to register an FIR. Under Section 173 of the BNSS (formerly Section 154 CrPC), when information discloses a cognizable offence, the officer in charge must record it as an FIR and give you a free copy. In Lalita Kumari v. Government of Uttar Pradesh (2014), the Supreme Court held that registration of an FIR is mandatory when a cognizable offence is disclosed. The Court did permit a limited preliminary enquiry in matrimonial disputes, but only to check whether a cognizable offence is made out, not to refuse action indefinitely.

The main offences a wife may invoke are well established. Section 85 of the BNS (formerly Section 498A IPC) punishes cruelty by a husband or his relatives, with imprisonment of up to three years and a fine. Section 86 defines cruelty to include wilful conduct likely to drive a woman to suicide or cause grave injury, and harassment to coerce her or her family to meet unlawful demands for property or valuable security. This offence is cognizable and non-bailable.

Depending on the facts, other provisions may apply as well. Section 115 of the BNS covers voluntarily causing hurt, Section 117 covers grievous hurt, Section 74 covers assault with intent to outrage modesty, and Section 351 covers criminal intimidation. Section 316 covers criminal breach of trust, which applies where your stridhan or jewellery has been withheld. Dowry demands are punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961, and serious violence may attract Section 109 (attempt to murder) or Section 124 (acid attack).

The BNSS has introduced one procedural nuance you must know. Under Section 173(3), for cognizable offences punishable with three years or more but less than seven years, the police may conduct a preliminary enquiry within fourteen days. They need prior permission from an officer not below the rank of Deputy Superintendent of Police. Since Section 85 of the BNS carries up to three years, the police may sometimes use this route. They cannot, however, sit on your complaint beyond fourteen days, and they must give you the reasons in writing if they decide not to register.

You should also know about the cooling period. In 2025, the Supreme Court in Shivangi Bansal v. Sahib Bansal endorsed the Allahabad High Court's guidelines providing a two-month cooling period and referral to Family Welfare Committees in Section 498A/85 BNS cases. Under these guidelines, no arrest or coercive action is allowed during the two months after the FIR, and the case goes to a Family Welfare Committee for mediation. Many commentators have criticised these guidelines for delaying victims' access to justice, but they currently guide police practice.

The cooling period has clear limits, and you must understand them. It concerns arrest and coercive action against the accused, not the registration of your complaint. Only cases involving Section 498A along with other sections punishable with less than ten years, excluding attempt to murder, are sent to the Family Welfare Committee. So if you have suffered serious violence, such as an attempt on your life, the cooling period does not apply. Most importantly, it does not stop you from obtaining immediate protection orders under the PWDV Act.

If the police station refuses to register your FIR, your first remedy is Section 173(4) of the BNSS. You can send the substance of your complaint in writing, by registered post, to the Superintendent of Police or Deputy Commissioner of Police. If the SP is satisfied that a cognizable offence is disclosed, he must investigate himself or direct a subordinate to do so. Keep the postal receipt and a copy of your letter, because they become important evidence of your efforts.

Your next remedy is to approach the Judicial Magistrate under Section 175(3) of the BNSS (formerly Section 156(3) CrPC). The Magistrate can direct the police to register an FIR and investigate. Your application must be supported by an affidavit, reflecting the Supreme Court's guidance in Priyanka Srivastava v. State of Uttar Pradesh (2015). Under the BNSS, the Magistrate must also consider the submissions of the police officer before passing the order. Attach copies of your earlier complaints to the police and the SP.

You can also file a private criminal complaint directly before the Magistrate under Section 223 of the BNSS (formerly Section 200 CrPC). The Magistrate will record your statement on oath and that of your witnesses. Under the proviso to Section 223(1), the accused must be given an opportunity of being heard before cognizance is taken. The Magistrate may also direct an inquiry under Section 225 (formerly Section 202 CrPC) before issuing summons under Section 227.

Now let us turn to the most powerful tool available to you: the PWDV Act. Under Section 12, you can apply directly to the Magistrate for one or more reliefs, without any FIR. You can file the application yourself, through a Protection Officer, or through a lawyer. Under Section 12(4), the first hearing should ordinarily take place within three days of the application. Section 12(5) directs the Magistrate to try to dispose of the application within sixty days of the first hearing.

You should know your Protection Officer. Under Section 8 of the PWDV Act, the State Government appoints Protection Officers in every district. Under Section 9, the Protection Officer helps you prepare a Domestic Incident Report, assists you in approaching the Magistrate, arranges medical examination, and connects you with shelter homes and legal aid. If the police will not help, the Protection Officer is often the quickest alternative. In We the Women of India v. Union of India, the Supreme Court has repeatedly pushed States to appoint adequate Protection Officers.

Under Section 5 of the PWDV Act, a police officer, Protection Officer, service provider, or Magistrate who receives a complaint of domestic violence must inform you of your rights. These include the right to apply for relief, the availability of services, free legal aid, and the right to file a criminal complaint under Section 85 of the BNS. A police officer who simply sends you away without informing you of these rights is failing a statutory duty, and that failure should be recorded in your later complaints.

The reliefs available under the PWDV Act are wide. Section 18 allows protection orders that prohibit your husband from committing violence, contacting you, entering your workplace, or alienating your assets and joint accounts. Section 19 allows residence orders that protect your right to stay in the shared household, or direct your husband to provide alternative accommodation. Section 20 allows monetary relief covering loss of earnings, medical expenses, damaged property, and maintenance for you and your children. Section 21 allows temporary custody of children, and Section 22 allows compensation for mental torture and emotional distress.

If you need protection immediately, ask for interim and ex parte orders under Section 23 of the PWDV Act. Where the Magistrate is satisfied that domestic violence has occurred or is likely to occur, an order can be passed even before your husband appears. This is often the fastest legal protection available to a woman in danger. Support your application with an affidavit, medical records, photographs, and messages.

Your right to the matrimonial home is strongly protected. Section 17 of the PWDV Act gives every woman in a domestic relationship the right to reside in the shared household, whether or not she has any title or legal interest in it. In Satish Chander Ahuja v. Sneha Ahuja (2020), the Supreme Court held that a shared household can include a house owned by your in-laws where you lived as part of the family. In Prabha Tyagi v. Kamlesh Devi (2022), the Court clarified that a woman does not need to have actually lived in the shared household to claim this right.

Breach of a protection order is itself a criminal offence. Under Section 31 of the PWDV Act, violation of a protection order or interim protection order is punishable with imprisonment of up to one year, a fine of up to twenty thousand rupees, or both. Under Section 32, this offence is cognizable and non-bailable. So once you have a protection order, the police have a clear statutory duty to act if your husband violates it, and their refusal becomes far harder to justify.

If the obstacles feel overwhelming, you do not have to face them alone. You can speak with our legal experts at Aapka Legal Advice, who regularly help women draft complaints to the SP, file PWDV applications, and secure urgent protection orders. Where criminal proceedings need to be pushed forward, you can engage experienced Top Criminal Lawyers in India | Aapka Legal Advice who appear before Magistrates and High Courts every day. For difficult cases, our panel of retired judges is also available for consultation, and they can help in three important ways: assessing how a court is likely to view your evidence, advising on whether to seek interim or ex parte relief, and guiding our criminal lawyers on the strongest strategy for your facts.

Do not overlook maintenance, because financial security is often the key to safety. Under Section 144 of the BNSS (formerly Section 125 CrPC), you can claim monthly maintenance for yourself and your children if your husband neglects or refuses to maintain you. Interim maintenance can be granted while the case is pending. In Rajnesh v. Neha (2020), the Supreme Court required both parties to file affidavits disclosing their assets and liabilities. This makes it much harder for a husband to hide his real income.

Other laws also give you maintenance rights. If you are Hindu, Section 18 of the Hindu Adoptions and Maintenance Act, 1956 allows you to claim maintenance while living separately for justified reasons, including cruelty. If matrimonial proceedings are pending, Section 24 of the Hindu Marriage Act, 1955 allows interim maintenance and litigation expenses. Under Section 26 of the PWDV Act, reliefs under that Act can also be sought in any pending civil or family court proceeding. A lawyer can help you choose the most effective combination.

If the police continue to ignore you, you can approach women's commissions. Under Section 10 of the National Commission for Women Act, 1990, the National Commission for Women can look into complaints and take suo motu notice of deprivation of women's rights. Every State also has a State Commission for Women. The Commissions can call for reports from the police, which often prompts action quickly. You may also reach the NCW helpline at 7827170170 or the women's helpline at 181.

One Stop Centres, also called Sakhi Centres, operate in most districts under the Union Government's Mission Shakti scheme. They provide emergency shelter, medical aid, police facilitation, legal counselling, and psychological support under one roof. If you have nowhere safe to go, these centres can provide a temporary place to stay. They can also help you file your complaint and accompany you to the police station or court.

You are entitled to free legal aid. Under Section 12(c) of the Legal Services Authorities Act, 1987, every woman is eligible for free legal services regardless of her income. You can approach the District Legal Services Authority at your district court, or call the NALSA helpline 15100. A legal aid lawyer can file your PWDV application, maintenance petition, or Section 175(3) application without any fee. Many women do not know this right exists, so please make use of it.

If the police officer's refusal is deliberate, you can hold the officer accountable. Section 199 of the BNS (formerly Section 166A IPC) punishes a public servant who fails to record information about certain serious offences against women, including assault with intent to outrage modesty and acid attacks. The punishment is rigorous imprisonment for six months to two years, along with a fine. You can also file a complaint with the State Police Complaints Authority, established following Prakash Singh v. Union of India (2006), or with the State Human Rights Commission under the Protection of Human Rights Act, 1993.

Constitutional remedies are your final and strongest tool. Article 21 guarantees the right to live with dignity and safety. Article 14 guarantees equality before the law, and Article 15(3) permits special provisions for women. Where police inaction violates these rights, you can file a writ petition before the High Court under Article 226, seeking a writ of mandamus directing the police to act. In Sakiri Vasu v. State of Uttar Pradesh (2008), the Supreme Court advised that ordinary remedies should usually be tried first, but the High Court can intervene where those remedies fail or the danger is urgent.

The High Court can also award compensation where a woman suffers harm due to police negligence. Courts have recognised that the State is liable when its officers fail to protect citizens' fundamental rights. Where the danger is urgent, the High Court can grant immediate police protection, often within days. Keep a dated record of every visit, call, and written complaint to the police, because this record is the heart of any writ petition.

Gathering evidence carefully will strengthen every remedy. Visit a government hospital promptly after any physical violence and ask for a medico-legal certificate. Photograph injuries and damaged property, and save threatening messages, call recordings, and emails. Electronic evidence must be accompanied by a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 65B of the Evidence Act). Keep a simple diary of incidents with dates, times, and the names of anyone who witnessed them.

Your personal safety must always come first. If you remain in the same house, keep important documents such as your Aadhaar, PAN, bank passbook, marriage certificate, and children's certificates in a safe place or with a trusted relative. Keep some money and a charged phone ready. Share your situation with at least one person you trust. If you leave the home temporarily for safety, it does not destroy your right to return, because Section 17 of the PWDV Act protects your residence right.

You can also seek security proceedings. Under Section 126 of the BNSS (formerly Section 107 CrPC), the Executive Magistrate can require a person likely to commit a breach of peace to execute a bond for keeping the peace. This is not a substitute for PWDV protection, but in some cases it creates an additional deterrent. Your lawyer can advise whether it suits your situation.

Mediation and family welfare processes need care. If your case is referred to a Family Welfare Committee or mediation centre, attend the sessions, but never agree to anything under pressure. You are not obliged to return to an abusive home as a condition of settlement. Any agreement should be in writing and should protect your residence, maintenance, stridhan, and children's interests. If you feel unsafe during mediation, tell the mediator and your lawyer immediately.

If your husband files counter-complaints or threatens false cases to pressure you, stay calm and document everything. Courts can recognise retaliatory litigation. Threats to harm you or your family, or to defame you publicly, are punishable as criminal intimidation under Section 351 of the BNS and defamation under Section 356. If your stridhan is withheld, a complaint under Section 316 of the BNS for criminal breach of trust can be filed. Your lawyer can raise all of these in the appropriate forum.

In the longer term, you may consider matrimonial remedies. Cruelty is a ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and similar grounds exist under the Special Marriage Act, 1954 and other personal laws. You may seek judicial separation if you are not ready for divorce. These decisions are deeply personal, and you need not take them immediately. Securing your safety and financial stability comes first, and the matrimonial decisions can follow.

Let me summarise the practical path. Write to the police and keep a copy, then escalate to the SP under Section 173(4) of the BNSS. File a PWDV application under Section 12 with a request for ex parte protection under Section 23, ideally with your Protection Officer's help. Seek maintenance under Section 144 of the BNSS, and approach the Magistrate under Section 175(3) if the FIR is still not registered. Contact the women's commission, a One Stop Centre, and the District Legal Services Authority for support, and approach the High Court under Article 226 if all else fails.

In conclusion, when the police refuse to act on a domestic violence complaint, the law still stands firmly with you. The PWDV Act gives you direct access to a Magistrate for protection, residence, maintenance, and compensation, while the BNSS gives you escalation routes to the SP and the Magistrate. Constitutional remedies under Articles 21 and 226 ensure that no police station has the final word on your safety. If the police refuse to act on a domestic violence complaint, act promptly, document every step, and seek qualified legal help, because a woman who knows her rights cannot be turned away for long.