What Is Domestic Violence? Types and Legal Definitions

Domestic violence under Indian law is defined broadly in Section 3 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA). It covers any act, omission, or conduct that harms or injures or endangers the health, safety, life, limb, or well-being of a woman. This includes physical, sexual, verbal, emotional, and economic abuse. The definition also covers threats of such abuse and conduct that has the effect of harassing, humiliating, or causing distress to the woman.

The PWDVA applies to women who are or have been in a domestic relationship with the respondent. A domestic relationship includes relationships by marriage, blood, adoption, or living together in a shared household. This means the law protects not only wives but also sisters, mothers, daughters, and women in live-in relationships. The definition of "respondent" under Section 2(q) includes any adult male person who is or has been in a domestic relationship with the aggrieved woman, and also includes a relative of the husband or male partner.

The law recognises that domestic violence is not limited to physical beatings. A woman can file a complaint under the PWDVA even if there has been no physical injury, as long as she can show a pattern of abusive behaviour that affects her mental or emotional health. The definition under Section 3 is deliberately wide to capture the many forms abuse takes in Indian households.

The PWDVA categorises domestic violence into four main types under Section 3. The first is physical abuse, which includes any act or conduct that causes bodily pain, harm, or danger to life, limb, or health. This covers slapping, hitting, kicking, pushing, and any other form of physical assault. It also includes assault with a weapon or object.

The second type is sexual abuse, which includes any conduct of a sexual nature that abuses, humiliates, or degrades the woman. This covers marital rape (though not yet criminalised as a separate offence under the Indian Penal Code, 1860 or Bharatiya Nyaya Sanhita, 2023), forced sexual acts, unwanted touching, and any sexual conduct that is non-consensual or coerced. The PWDVA provides a civil remedy for sexual abuse even where criminal prosecution may be difficult.

The third type is verbal and emotional abuse. This includes insults, name-calling, accusations, ridicule, and any language that damages the woman's self-esteem. It also includes repeated threats to cause physical pain to the woman or her loved ones. Emotional abuse can be as damaging as physical abuse and is taken seriously by courts. The fourth type is economic abuse, which includes depriving the woman of financial resources, denying her access to shared household assets, preventing her from working, or forcing her to give up her income or property.

The concept of "shared household" is central to the PWDVA. Section 2(s) defines a shared household as a household where the aggrieved woman lives or has lived in a domestic relationship, either singly or along with the respondent. This includes any house, apartment, or premises that is owned or rented by either party, or by any relative of the respondent. Importantly, the woman does not need to have any legal right or title to the property. She only needs to show that she lived there in a domestic relationship.

The Supreme Court in S.R. Batra v. Taruna Batra (2007) clarified that the shared household must belong to or be taken on rent by the husband or the person with whom the woman is in a domestic relationship. However, subsequent judgments have expanded this interpretation. The woman's right to reside in the shared household is protected under Section 17 of the PWDVA, and she cannot be evicted or excluded from it except by following the procedure established by law.

A "domestic relationship" under Section 2(f) includes relationships by marriage, blood, adoption, or family relationships like those between siblings or in-laws. It also includes relationships in the nature of marriage, which covers live-in relationships. The law does not require the relationship to be legally valid; it only requires that the parties lived together in a shared household. This protects women in long-term live-in relationships who may not have the legal status of a wife.

A woman who is a victim of domestic violence can file a complaint under Section 12 of the PWDVA before a Magistrate. The Magistrate can pass several types of orders to protect her. The first is a protection order under Section 18, which prohibits the respondent from committing any act of domestic violence, entering the woman's workplace, or communicating with her in a harassing manner.

The second remedy is a residence order under Section 19, which allows the woman to continue living in the shared household. The Magistrate can also order the respondent to remove himself from the shared household or provide an alternative accommodation of the same standard. The third remedy is a monetary relief order under Section 20, which covers loss of earnings, medical expenses, and damages for mental torture. The fourth is a custody order under Section 21, which grants temporary custody of children to the woman.

The fifth remedy is a compensation order under Section 22 for the mental and emotional trauma caused by the abuse. The Magistrate can also pass an interim order under Section 23 if the woman is in immediate danger. The procedure under the PWDVA is designed to be quick and accessible. The woman can file the complaint herself or through a Protection Officer or a service provider. The Magistrate must dispose of the application within 60 days from the date of first hearing.

If you are experiencing any form of abuse described above, you should consult a family-law advocate who can help you file a complaint under the Protection of Women from Domestic Violence Act, 2005. An advocate can guide you on gathering evidence, filing the application, and obtaining protection orders from the Magistrate. Do not wait for the abuse to escalate—legal remedies are available to you now.

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This page provides preliminary legal information about India Law. It is not legal advice and does not create an advocate-client relationship. For your matter, book a consultation with a licensed advocate.