How to Get a Restraining Order in India: Process Under PWDVA, BNSS 2023, and Civil Law

A restraining order, also known as a protection order or injunction, is a court order that prohibits a person from engaging in specific conduct, such as committing violence, contacting the victim, or approaching a particular location. In India, restraining orders can be obtained through multiple legal pathways depending on the circumstances: the Protection of Women from Domestic Violence Act (PWDVA), 2005 for domestic violence cases, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for criminal matters, and civil court injunctions under the Code of Civil Procedure and the Specific Relief Act. This guide explains the process under each route.

Route 1: Protection Order Under PWDVA, 2005

The PWDVA provides the most comprehensive framework for restraining orders in domestic violence cases. Under Section 18 of the Act, a Magistrate can issue protection orders prohibiting the respondent from committing any act of domestic violence, entering the victim's workplace, or attempting to communicate with the victim. Section 19 empowers the court to issue residence orders, including restraining the respondent from entering the shared household or directing that alternative accommodation be provided. Women in a domestic relationship, including wives, ex-wives, live-in partners, sisters, mothers, and female relatives, can file an application under the PWDVA.

How to File Under PWDVA

A victim can approach the Protection Officer appointed by the state government in her district. The Protection Officer helps file a Domestic Incident Report (DIR) and an application for relief before the Magistrate. Alternatively, the victim can directly approach the Magistrate's court with the help of a lawyer and file an application under Section 12 of the PWDVA. In urgent cases, Magistrates typically issue interim protection orders within 24 to 48 hours of receiving the application.

For a more detailed understanding of the PWDVA process, see our guide on how to file a domestic violence complaint in India.

Route 2: BNSS 2023 for Criminal Matters

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Code of Criminal Procedure, criminal courts have the power to impose conditions on the accused that effectively function as restraining orders. Under Section 193 of BNSS, a Magistrate can issue orders to prevent breach of peace or disturbance of public tranquillity. For men seeking protection from threats or harassment, filing a criminal complaint and requesting conditions under BNSS is one available option, as the PWDVA applies only to women.

Route 3: Civil Court Injunction

A civil injunction can be obtained under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, and the Specific Relief Act, 1963. This route is available to any person, regardless of gender or the nature of the relationship, and can be used in property disputes, neighbour disputes, workplace harassment (where other specific laws do not apply), and other civil matters. The applicant files a suit along with an application for temporary injunction before the civil court. The court evaluates three factors before granting an injunction: whether the applicant has a prima facie case, whether the balance of convenience favours the applicant, and whether the applicant would suffer irreparable harm without the order.

For property-related disputes where a stay order is needed, see our guide on how to get a stay order from court in India.

Consequences of Violating a Restraining Order

Violation of a protection order under the PWDVA is a cognisable and non-bailable offence punishable under Section 31 of the Act. This means the police can arrest the violator without a warrant. Violation of a civil court injunction constitutes contempt of court and can result in fines, imprisonment, or both under the Contempt of Courts Act, 1971. Criminal courts can also impose conditions for violation of orders passed under the BNSS.

If you are dealing with threats or harassment, filing an FIR is an important first step. See our guide on how to file an FIR online in India under BNSS 2023.

Key Takeaways

Restraining orders in India can be obtained through the PWDVA (for domestic violence against women), BNSS 2023 (for criminal matters), or civil court injunctions (for all other cases). Under the PWDVA, file through the Protection Officer or directly before the Magistrate; interim orders are typically issued within 24 to 48 hours. Civil injunctions require proving a prima facie case, balance of convenience, and irreparable harm. Violating a PWDVA protection order is a cognisable and non-bailable offence. Civil injunction violations constitute contempt of court.