Domestic Violence as a Criminal Charge in Mauritius

Domestic violence is presently a criminal offence in Mauritius under the Protection from Domestic Violence Act 1997 as amended in 2016. The same incident may also support a charge under the Criminal Code or another enactment, depending on the alleged conduct and injury. A criminal investigation is separate from an application for a protection, occupation or tenancy order, although the evidence and safety arrangements can overlap.

When domestic violence is prosecuted criminally

The operative Act’s definition includes inflicting or threatening a wound or blow, causing fear of physical injury, intimidation, harassment, stalking, ill-treatment, insulting, brutality, cruelty, compelled sexual or other conduct, confinement, threats to a child, property damage and specified economic deprivation. Section 13, as amended in 2016, makes doing an act within that definition an offence. The prosecution still has to prove the alleged conduct and the required elements beyond reasonable doubt.

Some facts fit more than one offence. A blow causing injury may also engage the Criminal Code provisions on wounds and blows; a threatening demand or property offence has its own elements and sentencing framework. Police and prosecutors select charges from the evidence rather than from the complainant’s preferred label. The enacted Domestic Abuse Act 2026 will replace this framework only after Proclamation, so confirm the operative position before any charge or filing.

Relationship with protection-order proceedings

A criminal prosecution asks whether an offence has been proved and, after conviction, what sentence is lawful. A protection application asks the District Court to restrain future conduct or regulate occupation for safety. One does not automatically produce the other: a person may need to report the alleged offence and separately complete the civil application.

The evidential outcomes can also differ because the questions and standards are not identical. An acquittal does not itself erase an existing order, and a protection order is not a criminal conviction. Any order remains binding until varied, revoked or expired; alleged non-compliance is addressed in our guide to breach of a protection order.

Police investigation and evidence gathering

The 2016 amendment requires the officer in charge of a police station to cause the circumstances of a reported domestic-violence offence to be enquired into. Where physical injury has ensued, or there is reason to suspect an order breach, a police officer not below Assistant Superintendent may cause arrest and production before a Magistrate at the earliest opportunity. Arrest is not proof of guilt.

Investigators may obtain statements, medical material, photographs, call or message records, recordings and witness accounts. The most useful digital file is usually the original conversation with dates and account identifiers, not a rewritten transcript. A complainant should identify gaps honestly; an accused person should preserve potentially exculpatory messages, location data and witness details without contacting or pressuring the complainant.

Penalties on conviction

For the current standalone offence of doing an act of domestic violence, the 2016 amendment sets a maximum fine of Rs 50,000 on a first conviction; on a second, a maximum fine of Rs 100,000 and up to two years’ imprisonment; and on a third or later conviction, up to five years’ imprisonment. Breach of an order has a separate ladder, including possible imprisonment on a first conviction.

Those maxima should not be confused with the sentence for a Criminal Code charge arising from the same incident. Injury, weapon use, the exact offence, prior convictions and mitigation may change the sentencing analysis. The court cannot be assumed to impose the maximum, and no adviser should promise a fine, imprisonment or discharge before the proved charge and record are known.

Repeat offences and the 2026 replacement Act

The repeat level turns on previous convictions, not merely previous police reports. The prosecution record must establish whether the statutory first, second or subsequent category applies. A history of reported conduct can be relevant to evidence or risk, but an unproved allegation is not a conviction.

The Domestic Abuse Act 2026 was assented to on 20 July and gazetted on 21 July 2026. Once commenced, it will create its own offences for an act of domestic abuse and wilful non-compliance, with higher maximums on repeated convictions, including up to ten years’ penal servitude for a third or later conviction. Section 47 requires Proclamation and the Act remained unproclaimed in late August; its new procedures and penalties are not yet available.

Support for complainants during a prosecution

The Police Family Protection Unit can register complaints, arrange shelter placement and refer people for psychological, legal or social support. The Ministry’s Family Support Services operate the free 24-hour domestic-violence hotline 139. After investigation, the Office of the Director of Public Prosecutions has a Victim and Witness Support Unit that works on domestic-violence and sexual-violence matters with the police and Ministry bodies.

A complainant does not personally control a public prosecution. Under section 72 of the Constitution, the Director of Public Prosecutions can institute, take over, continue or discontinue criminal proceedings and must assess evidence and public interest independently. A later reluctance to testify may affect the available proof, but it does not automatically cancel the case; see our overview of victim and witness participation.

Defending an allegation fairly

An accused person is presumed innocent and may challenge identity, context, authenticity, intent and the reliability of the evidence. Obtain the provisional charge or information, the date range alleged and any bail or protection conditions. Legal representation is particularly important where a police interview, phone extraction or parallel family case could generate evidence used elsewhere.

Suppose a disputed message thread contains threats but also evidence that one account was shared. Preserve the device, login alerts and full export; do not delete the account or manufacture an alternative exchange. Compliance with every no-contact and bail term is essential while the challenge proceeds. Readers facing interview can review legal assistance at the police station and the criminal court sequence.

This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.