Domestic Violence and Its Relationship with Criminal Law in India: A Critical Analysis

Domestic violence, encompassing physical, sexual, psychological, and economic abuse within intimate and familial relationships, remains one of the most pressing human rights challenges of the contemporary era. This paper critically examines the relationship between domestic violence and criminal law, tracing the historical evolution of legal responses from the era of marital immunity and coverture doctrine to the modern criminalisation of physical violence, marital rape, coercive control, and stalking. The paper analyses the role of law enforcement and prosecution mechanisms, the challenges faced by victims within the criminal justice system, and the significance of protective orders in ensuring victim safety. A dedicated focus is placed on the Indian legal framework, examining the Protection of Women from Domestic Violence Act 2005, relevant Indian Penal Code provisions, and landmark judicial pronouncements that have shaped domestic violence jurisprudence in India. The paper further reviews key international legislative instruments, including the Istanbul Convention and CEDAW, before critically evaluating the inherent limitations of criminal law as a sole remedy for domestic violence and recommending a comprehensive, multidisciplinary approach that integrates legal, social, and preventive measures for a more effective and lasting response.