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What is Definition of domestic violence? Section 3 of The Protection of women from Domestic Violence Act 2005

Definition of domestic violence is defined under section 3 of Domestic Violence Act 2005. Provisions under this section are:

Section 3 of Domestic Violence Act "Definition of domestic violence"

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it -
a. 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

b. harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
c. has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
d. otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

Explanation I.-For the purposes of this section,-

i. “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;

ii. “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;

iii. “verbal and emotional abuse” includes Explanation I.-For the purposes of this section,-

i. “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;

ii. “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;

iii. “verbal and emotional abuse” includes-

a. insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and

b. repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

iv. “economic abuse” includes-

a. deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;

b. disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and

c. prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.

Explanation II.-For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.

a. insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and

b. repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

iv. “economic abuse” includes-

a. deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;

b. disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and

c. prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.

Explanation II.-For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.

 

Domestic Violence Act 2005

What are the definitions in Domestic Violence Act? Section 2 of The Protection of women from Domestic Violence Act 2005

What is Definition of domestic violence? Section 3 of The Protection of women from Domestic Violence Act 2005

What is Information to Protection Officer and exclusion of liability of informant? Section 4 of The Protection of women from Domestic Violence Act 2005

What are the Duties of police officers, service providers and Magistrate? Section 5 of The Protection of women from Domestic Violence Act 2005

What are the Duties of shelter homes? What are the Duties of medical facilities? Section 6 and 7 of The Protection of women from Domestic Violence Act 2005

What are Appointment of Protection Officers? What are the Duties and functions of Protection Officers? Section 8 and 9 of The Protection of women from Domestic Violence Act 2005

Who are Service providers? What are the Duties of Government? Section 10 and 11 of The Protection of women from Domestic Violence Act 2005

What is Application to Magistrate? What is Service of notice? Section 12 and 13 of The Protection of women from Domestic Violence Act 2005

What is Counseling? What is Assistance of welfare expert? How Proceedings to be held in camera? Section 14, 15 and 16 of The Protection of women from Domestic Violence Act 2005

What is Right to reside in a shared household? What are Protection orders? What are Residence orders? Section 17, 18 and 19 of The Protection of women from Domestic Violence Act 2005

What are Monetary relief? What are Custody orders? What are Compensation orders? Section 20, 21 and 22 of The Protection of women from Domestic Violence Act 2005

What is Power to grant interim and ex parte orders? What is the meaning of Court to give copies of order free of cost? What is Duration and alteration of orders? Section 23, 24 and 25 of The Protection of women from Domestic Violence Act 2005

What is Relief in other suits and legal proceedings? What is Jurisdiction? What is Procedure? What is Appeal? Section 26, 27, 28 and 29 of The Protection of women from Domestic Violence Act 2005

What is Protection Officers and members of service providers to be public servants? What is Penalty for breach of protection order by respondent? Section 30 and 31 of The Protection of women from Domestic Violence Act 2005

What is Cognizance and proof? What is Penalty for not discharging duty by Protection Officer? What is Cognizance of offence committed by Protection Officer? Section 32 33, and 34 of The Protection of women from Domestic Violence Act 2005

What is Protection of action taken in good faith? What is Act not in derogation of any other law? What is Power of Central Government to make rules? Section 35 36, and 37 of The Protection of women from Domestic Violence Act 2005

 

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