Section 3: Definition of Domestic Violence Protection of Women from Domestic Violence Act, 2005
Section 3 of the Protection of Women from Domestic Violence Act, 2005 (As in force in 2025) defines the term “domestic violence” and outlines the various forms of abuse that constitute it. This is one of the most crucial sections of the Act as it legally recognises different types of violence beyond just physical abuse.
According to Section 3 of Domestic Violence Act
For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:
- Harms or injures or endangers the health, safety, life, limb or well-being (whether mental or physical) of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
- Harasses, harms, injures or endangers the aggrieved person with a view to coercing her or any other person related to her to meet any unlawful demand for dowry or other property or valuable security; or
- Has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned above; or
- Otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation of Key Terms
- Physical Abuse: Any act causing bodily pain, harm, or danger to life or limb.
- Sexual Abuse: Any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of a woman.
- Verbal and Emotional Abuse: Includes insults, ridicule, humiliation, name-calling, and repeated threats.
- Economic Abuse: Includes deprivation of financial resources, not providing for needs, disposal of household assets, or denying access to the shared household.
Legal Implication
Section 3 creates a broad and inclusive definition of domestic violence. It recognises not only physical violence but also emotional, verbal, economic, and sexual abuse as punishable acts. The section empowers women to seek protection and relief against a wide range of abusive behaviors, thereby offering a comprehensive legal shield against domestic cruelty.