Forced Marriage: Rights and Legal Remedies for Women

By shagun , 26 August 2025

For adequate protection for women, there are remedies available under many laws of Bharatiya Nyaya Sanhita (BNS, 2023) and the Protection of Women from Domestic Violence Act (DV Act, 2005).

Relevant Laws

1. Bharatiya Nyaya Sanhita (BNS, 2023)

Section 87 BNS – Forcing or abducting a woman to marry: punishment up to 7 years and/or a fine.
Section 85 BNS – Abuses by husband/relatives.
Section 143 BNS – Human trafficking.

2. Domestic Violence Act, 2005

Section 3 – Defines forced marriage as domestic violence.
Section 12 – Women may approach Magistrate directly.
Sections 18–22 – Protection orders, residence, maintenance, custody, compensation.

Court vs State Women’s Commission (SWC)

Aspect	Court (DV Act / BNS)	State Women’s Commission (SWC)
Power	Can pass legally binding orders	Advisory and recommendatory only
Reliefs	Protection, residence, maintenance, compensation, custody	Counselling, recommending FIR, connecting with shelter homes
Process	File application under DV Act or FIR	File written complaint; counselling arranged
Speed	Interim order in 3 days; disposal in 60 days	Quicker counselling, no binding orders
Usefulness	Mandatory for enforceable protection	Helpful for mediation, starting point

Documents & Evidence Needed in Court

Petition/Application with affidavit
Threat messages (WhatsApp, SMS, calls)
Witness statements
Medical reports (if physical abuse)
Audio/video recordings
If none, woman’s statement is sufficient

📝 Application Template (DV Act, 2005)

IN THE COURT OF THE METROPOLITAN MAGISTRATE
[District Name], [State]
Application under Section 12 of the Protection of Women from DV Act, 2005
Applicant: [Name, Age, Address]
Respondents: [Father/Mother/Family Members]
Most Respectfully Submitted:
1. I am an adult woman aged [18+] and residing at [address].
2. My family members are forcing me to marry against my will.
3. They have threatened me with [details].
4. Such acts amount to domestic violence under Section 3 DV Act.
PRAYER:
a) Protection order restraining respondents.
b) A Residence order ensuring I am not evicted.
c) Monetary relief and compensation.
d) Police protection, if necessary.
Place: [ ]
Date: [ ]
Signature of Applicant

📝 Affidavit Template

AFFIDAVIT
I, [Name], daughter of [Father’s Name], aged [18+] years, resident of [Address]
1. I am an adult competent to swear this affidavit.
2. My family is compelling me to marry against my will.
3. I am unwilling, and such compulsion violates my rights.
4. I seek protection and relief under the DV Act, 2005.
VERIFICATION:
I declare the above statements are true.
Place: [ ]
Date: [ ]
Deponent’s Signature

Frequently Asked Questions (FAQs)

1. Can parents force a woman to get married against her will?: No, forcing constitutes a crime under BNS.
2. What law protects a girl from forced marriage?: Section 87 BNS, and Section 3 DV Act, 2005.
3. What is the legal age for marriage?: Girls: 18 years, Boys: 21 years.
4. Can a girl above 18 marry without her parents’ consent?: Yes, parents' consent is not required.
5. Can parents be treated as perpetrators of domestic violence?: Yes, coercion = domestic violence (DV Act, Sec. 3).
6. Can a girl directly file a case in court?: Yes, under Section 12 DV Act, police are not mandatory.
7. What reliefs can a court provide under the DV Act?: Protection, residence, monetary relief, custody, compensation.
8. What if parents evict the girl?: She may seek Residence Order (Section 19 DV Act).
9. Can she get immediate protection?: Yes, an interim order within 3 days.
10. What is the function of Protection Officers?: Assist in applications, evidence, and shelter homes.
11. What does the SWC do?: Receives complaints, counsels, and recommends action.
12. What if the family threatens to disown the girl?: Disowning has no legal effect; rights remain.
13. What evidence is needed for court?: Threats, witnesses, medical reports, and affidavits. Statement alone can be evidence.
14. Besides court, can she complain to police?: Yes, file an FIR under Section 87 BNS.
15. Does forced marriage come under trafficking?: If linked to money or exploitation, yes (143 BNS).
16. What happens if the girl is under 18?: Child marriage: annulment possible under PCMA, 2006.
17. Would she get police protection?: Yes, via court order under Section 18 DV Act.
18. Does religion matter?: No, consent is mandatory in all laws.
19. Can she seek NGO/helpline help?: Yes, 181 helpline, NCW, SWC, NGOs.
20. Punishments for forcing marriage?: Up to 7 years + fine (BNS), penalties under DV Act.

Conclusion

The law is explicit. An adult woman (18+) cannot be forced into marriage. Remedies include:

Apply under the DV Act for immediate protection.
File BNS Section 87.
Seek support from SWC or NCW.

Files

Attachment	Size
sample for domestic marriage section 12. (466.77 KB)	466.77 KB