Diwan Advocates

Crimes Against Women: Legal Protection and Advocacy

Crimes against women in India are not a narrow category. They span domestic violence in the home, sexual harassment in the workplace, stalking on public streets and online platforms, rape, dowry harassment, acid attacks, and trafficking. Each offence has its own criminal law framework, its own evidentiary requirements, its own procedure for recording the survivor's statement, and its own sentencing regime. The survivor who navigates this system without legal support faces institutions, procedures, and pressures that are often overwhelming.

The Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, retained and in some respects strengthened the provisions protecting women from gender-based violence. The PWDVA continues to provide civil remedies alongside the criminal law. The POCSO Act protects children. The POSH Act addresses workplace harassment. Together, they form a comprehensive legal framework. But a framework on paper and effective protection in practice are not the same thing. Getting from one to the other requires knowing which remedies to pursue, in which forum, in which sequence, and how to move fast enough for the relief to matter.

At Diwan Advocates, we represent survivors of gender-based violence, support victims through criminal proceedings, and secure civil remedies urgently when lives or safety are at risk. We also defend persons accused of offences in this category where complaints are exaggerated or false.

Domestic Violence: Urgent Civil Remedies

The Protection of Women from Domestic Violence Act, 2005 covers physical, sexual, verbal, emotional, and economic abuse committed by a respondent in a domestic relationship. The definition of domestic relationship is broad: it includes not only spouses but also women in relationships in the nature of marriage, daughters, mothers, sisters, and other women living in a shared household.

Remedies available under the PWDVA include a Protection Order prohibiting the respondent from committing further acts of violence or contacting the aggrieved person, a Residence Order allowing the aggrieved person to remain in the shared household and requiring the respondent to vacate, and a Monetary Relief Order requiring payment of medical expenses, loss of earnings, and maintenance. An application must be heard within three days of filing. We file PWDVA applications urgently and appear at first hearings to secure interim relief immediately.

Rape and Sexual Assault: The BNS Framework

Section 63 of the Bharatiya Nyaya Sanhita, 2023 defines rape and prescribes a minimum sentence of seven years rigorous imprisonment, extendable to life. Aggravated forms of rape, including rape by a person in a position of authority, rape of a woman under sixteen, and gang rape, carry enhanced minimum sentences. The BNSS prescribes a child-friendly and survivor-sensitive procedure for recording the complainant's statement: the statement must be recorded by a woman police officer, preferably at the survivor's residence, and the survivor cannot be questioned throughout the night without her consent.

The medical examination of a rape survivor is a sensitive evidentiary process governed by the Ministry of Health guidelines. The two-finger test was declared unconstitutional by the Supreme Court as it violates the dignity of the survivor and has no evidentiary basis. Medical examiners who conduct this test are acting contrary to both the guidelines and the constitutional position. Where this has occurred in a case, we challenge the validity of the examination and its evidentiary use.

Dowry and Matrimonial Offences

The Dowry Prohibition Act, 1961 prohibits the giving or taking of dowry. A demand for dowry is an offence under the Act. Section 87 of the BNS creates the offence of dowry death: where a woman dies within seven years of marriage by burns, bodily injury, or in suspicious circumstances, and there is evidence of cruelty or harassment for dowry before her death, her husband and his relatives are deemed to have caused the dowry death. The presumption shifts the burden to the accused to explain the death. We handle both the prosecution of dowry death cases on behalf of the victim's family and the defence of persons accused of this offence.

Section 85 BNS (formerly Section 498A IPC) creates criminal liability for cruelty to a wife by her husband or his relatives. This provision is used both in genuine cases of cruelty and, in some cases, as a tactical tool in matrimonial disputes. The Supreme Court in Arnesh Kumar v. State of Bihar (2014) issued guidelines requiring police to conduct a preliminary enquiry before arresting a person under Section 85 and requiring Magistrates to apply their minds before authorising custody. We rely on these guidelines in defending persons against whom this provision is being misused.

Sexual Harassment at the Workplace

The Sexual Harassment of Women at Workplace Act, 2013 requires every employer with 10 or more employees to constitute an Internal Complaints Committee. The ICC must complete its inquiry within 90 days and submit a report with recommendations. Employers who fail to constitute an ICC, fail to act on ICC recommendations, or obstruct the process are subject to penalties. We advise complainants on how to file effective POSH complaints and navigate the ICC process, and we advise respondents on their rights within the ICC proceeding including the right to cross-examination and to submit a response.

Where the ICC process is biased, procedurally irregular, or reaches a finding that is not supported by the evidence, both the complainant and the respondent can challenge the report before the High Court. We have appeared on both sides of POSH matters in the High Courts.

Stalking, Online Harassment, and Cyber Crimes

Section 79 of the BNS makes stalking a criminal offence. Repeated following, contacting, or attempting to contact a woman despite a clear indication of disinterest, and monitoring her internet and social media use, are all forms of stalking under the provision. Online harassment including non-consensual sharing of intimate images, fake social media profiles, and sustained harassment campaigns are addressed through the IT Act, 2000 provisions on privacy violation, obscenity, and identity theft, as well as through the BNS provisions on criminal intimidation and defamation.

We assist survivors of online harassment in making complaints to the Cyber Crime Reporting Portal, filing FIRs with the police, obtaining court orders for the takedown of content and the identification of anonymous perpetrators, and pursuing criminal prosecution of offenders.

POCSO: Protection of Children

The Protection of Children from Sexual Offences Act, 2012 applies to all persons below 18. POCSO creates child-friendly procedures for the recording of statements, prohibits the identification of the child in media reporting, and requires designated Special Courts to conduct trials in camera. The Act creates mandatory reporting obligations for any person who has knowledge or a suspicion that a child has been or may be subjected to sexual abuse. A person who fails to report is themselves committing an offence under POCSO.

Why Diwan Advocates for Crimes Against Women?

Legislative Reference Index

The legal framework protecting women in India is comprehensive. The challenge is using it effectively, quickly, and with the dignity the situation demands.

Diwan Advocates does exactly that.

Diwan Advocates  |  Delhi, India