Domestic Incident Report: The What, The When and The How

All you need to know about the filing of Domestic Incident Report

Experiencing violence in any form affects the physical and mental well-being of a person. The trauma increases when such abuse comes from people who are otherwise supposed to protect you. Reporting events of domestic violence to the authorities is troublesome, especially when you are clueless about the process followed. People who have some idea about domestic violence case procedures must have heard about a domestic violence incident report. The page below deals with various aspects related to a DIR report in detail.

Domestic Incident Report (DIR)

As it can be understood through the terms used, ‘domestic’ indicates something related to home or family relations, ‘incident’ refers to a particular event, and ‘report’ means information in a specific manner. Complaints related to domestic violence are recorded in the domestic incident report format. Hence, a DIR report contains information regarding an event or multiple events of violence in a household.

The Protection of Women from Domestic Violence Act, 2005, popularly known as DV Act, is the law in India which protects women against various kinds of abuse in domestic relationships or a live-in relationship.

What is DIR in DV Case?

Whenever the authorities are approached for reporting a domestic violence case, detailed events of abuse are discussed with the aggrieved person for preparation of a domestic violence report. However, people usually have no idea about what exactly a DIR report is. Just the way an FIR initiates a police case, a DIR lays the foundation for a domestic violence case.

Section 2(e) of DV Act defines a domestic incident report as “a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person.” The purpose of this report is to give a glimpse of incidents of domestic violence with the aggrieved in a precise, unbiased manner.

Section 9 of DV Act specifies the duties and functions of Protection Officers. It also lays the roadmap to be followed by the Protection Officers and the Magistrate concerned with regard to domestic violence incident report.

Section 10 (2)(a) of DV Act, 2005 empowers the service providers under the Act to register a DIR in DV case. Such a report has to be presented along with the application to the Magistrate under Section 12 of DV Act in a domestic violence case.

Who can file a Complaint under the Domestic Violence Act, 2005?

According to Section 4 of DV Act, any person having information related to domestic violence may inform the Protection Officer. Such a person does not necessarily need to be the victim of domestic violence, her relative or friend, but any person having information of abuse. On the other hand, a domestic violence complaint can be filed by the aggrieved woman herself. A DIR report is prepared on receipt of a complaint from an aggrieved person. However, in absence of a domestic incident report, when the complaint is not filed on behalf of aggrieved person through a Protection Officer or service provider, the Magistrate also has jurisdiction to take cognizance of the complaint under Section 12 of the DV Act, as held by Supreme Court in Prabha Tyagi v. Kamlesh Devi, (2022) 8 SCC 90

Domestic Incident Report Format

The Form 1 of Protection of Women from Domestic Violence Rules, 2006 provides a detailed form for domestic violence incident report. The format requires following details:

Personal information and contact details of complainant

• Details of respondents

• Details of children of aggrieved person, if any

• Details of incidents of sexual, verbal, emotional or economic violence

• Harassment through dowry demands

• Details of documents accompanied with the complaint

• Prayers, assistance needed by the aggrieved

Domestic Incident Report is Made by Which Officer?

According to the provisions of Protection of Women from Domestic Violence Act, 2005, the following authorities are empowered to prepare a DIR report:

• Protection Officer

• Service Provider

Protection officers are appointed by the respective state governments. The main duties of the protection officers are mentioned under Section 9 (1) of the DV Act. The role involves assisting the victim of domestic violence as well as the magistrate in a domestic violence case.

On the other hand, a Service Provider as per Section 10 of the DV Act is an association, society, or a company formed with the objective of protecting the rights and interests of women. The services may include legal, medical, financial aid or others. It may be noted that the Service Providers need to register with the respective state government for the purposes of the DV Act.

Important Judgments on Domestic Violence Incident Report

Laws provide the pathway to be followed by the government and private authorities so concerned. However, in the instance of confusion during implementation, authoritative courts bring clarity, and also change the rules, if needed. Given below are some case laws related to DIR report:

1. We The Women of India v. Union of India, 2023 SCC OnLine SC 905– The Supreme Court directed all States and Union Territories to identify and designate Protection Officers to ensure proper implementation of the DV Act.

2. Prabha Tyagi v. Kamlesh Devi, (2022) 8 SCC 90— The Supreme Court held that “the Act does not make it mandatory for aggrieved to make an application before Magistrate only through the Protection Officer or Service Provider. When an aggrieved person files an application by herself or with an advocate’s assistance and not the Protection Officer or Service Provider, there would be no Domestic Incident Report received by the Magistrate for consideration.”

3. Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414 — The Supreme Court , pointing towards the consideration of application to Magistrate under Section 12, held that “Consideration of DIR report does not mean that the Magistrate can pass orders solely relying upon the domestic violence incident report received by him from the Protection Officer or the Service Provider.”

4. Santosh Bakshi v. State of Punjab, (2014) 13 SCC 25 — While disposing of a criminal appeal, the Supreme Court held that “If a complaint is made by a woman alleging offence under the DV Act, committed by any member of a family, matter is to be looked upon seriously. The police cannot submit a report that no case is made out without proper verification and investigation.”

5. Bhupender Singh Mehra v. State (NCT of Delhi), 2010 SCC OnLine Del 4778 — The Delhi High Court held that “On an application under Section 12 of DV Act, notice can be issued to the respondent only after taking the domestic incident report, because the same would reflect as to which of the respondents, notice has to be issued, as to who was causing domestic violence, what was the nature of violence and when it was committed.”

6. Pooja Bhatia v. State of Rajasthan, 2023 SCC OnLine Raj 1507– This case reiterated that “even in the absence of a Domestic Incident Report, the Magistrate can still issue necessary protection orders under Sections 18–22 of the DV Act if the aggrieved party has provided sufficient evidence through affidavits or witness testimony.”

Thus, the Court’s view can be summed up with the fact that DIR in DV cases needs to be filed by the Protection Officers or Service Providers, and not through an advocate. The report, being connected with allegations of abuse, should not be taken casually by the authorities. At the same time, the Supreme Court has clarified that a DIR is not mandatory for the Magistrate to grant relief under Sections 18—22 of DV Act, and applications must be considered on their merits even in its absence.

Frequently Asked Questions (FAQs) on Domestic Violence Incident Report

1. What happens after a domestic incident report?

Once a Domestic Incident Report (DIR) is prepared under the Protection of Women from Domestic Violence Act, 2005, the Protection Officer must forward copies to:

• the Magistrate, and

• the officer in charge of the concerned police station.

After this, the Magistrate may issue notice or summons to the respondent and begin proceedings under the DV Act. The court then considers appropriate reliefs such as protection orders, residence orders, monetary relief, custody orders, or compensation.

2. Does a domestic incident report go on your record?

Yes. A Domestic Incident Report becomes part of the judicial record.

Under Section 12 of the DV Act, the Magistrate is required to consider the DIR received through the Protection Officer or Service Provider before passing any order. The DIR and the application/complaint are read together while deciding the domestic violence case.

3. Whether a domestic incident report is mandatory?

A DIR is generally required when a complaint is made through a Protection Officer or authorised Service Provider under the DV Act.

However, if an aggrieved person directly files an application before the Magistrate, proceedings may continue even without a DIR. Courts have clarified that absence of a DIR does not invalidate domestic violence proceedings

4. Who prepares the domestic violence incident report?

A Domestic Incident Report is prepared by:

• Protection Officers appointed under the DV Act, or

• Registered Service Providers authorised under the Act.

Their role is to objectively record allegations and incidents of domestic violence and assist the court process.

5. Can advocates prepare a DIR report?

No. Advocates are not authorised to prepare a Domestic Incident Report.

The DIR must be prepared by a Protection Officer or Service Provider to ensure neutrality and statutory compliance. Courts have emphasised that the report must remain unbiased and cannot be drafted by legal representatives of either party.