Section 3 of the Domestic Violence Act, 2005: Definition of Domestic Violence

Section 3 of the Protection of Women from Domestic Violence Act, 2005 explains what conduct amounts to domestic violence. The definition is broad and covers physical, sexual, verbal, emotional and economic abuse, as well as dowry-related harassment, threats and other physical or mental harm.

Updated: 25 September 2026 | Act No. 43 of 2005

In brief: Domestic violence under Section 3 is not limited to physical assault. An act, omission, commission or conduct may fall within the section when it causes or threatens physical or mental harm, involves specified forms of abuse, is connected with coercion for an unlawful dowry or property demand, or otherwise injures the aggrieved person.

What does Section 3 of the Domestic Violence Act mean?

For the purposes of the Act, conduct of the respondent constitutes domestic violence when it falls within any of the categories set out in Section 3. The statutory test includes harm or danger to health, safety, life, limb or well-being; harassment connected with an unlawful demand for dowry, property or valuable security; threats arising from such conduct; and other physical or mental injury.

Section 3: Definition of domestic violence

Section 3 provides, in substance, that domestic violence includes conduct which:

  1. harms, injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person, or tends to do so, including physical abuse, sexual abuse, verbal and emotional abuse and economic abuse;
  2. harasses, harms, injures or endangers the aggrieved person in order to coerce her, or a person related to her, to meet an unlawful demand for dowry, property or valuable security;
  3. threatens the aggrieved person, or a person related to her, through conduct covered by the preceding categories; or
  4. otherwise causes physical or mental injury or harm to the aggrieved person.

Types of abuse covered by Section 3

1. Physical abuse

Physical abuse covers acts or conduct causing bodily pain, harm or danger to life, limb or health, or impairing the health or development of the aggrieved person. The statutory definition also includes assault, criminal intimidation and criminal force.

2. Sexual abuse

Sexual abuse includes conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of a woman.

3. Verbal and emotional abuse

This includes insults, ridicule, humiliation and name-calling, including insults or ridicule concerning not having a child or a male child. It also includes repeated threats to cause physical pain to a person in whom the aggrieved person is interested.

4. Economic abuse

Economic abuse includes deprivation of financial or economic resources to which the aggrieved person is entitled or which she requires by necessity. It can also include disposal or alienation of household effects, assets, valuables, securities, stridhan or other relevant property, and restricting access to resources or facilities which she is entitled to use or enjoy, including the shared household.

Economic abuse under Section 3 explained

The statutory definition expressly treats financial control and deprivation as forms of domestic violence. Examples within the text of Section 3 include withholding household necessities, maintenance or rent-related resources; interfering with stridhan or property; disposing of assets in which the aggrieved person has an interest; and restricting continued access to resources or facilities available by virtue of the domestic relationship.

Overall facts and circumstances must be considered

Explanation II to Section 3 requires the overall facts and circumstances of the case to be considered when deciding whether an act, omission, commission or conduct constitutes domestic violence. The inquiry is therefore not confined to an isolated incident or to physical injury alone.

Important definitions connected with Section 3

Aggrieved person: Section 2(a) defines an aggrieved person as a woman who is, or has been, in a domestic relationship with the respondent and who alleges that she has been subjected to an act of domestic violence.

Domestic relationship: Section 2(f) covers persons who live, or have at any point lived, together in a shared household and are related by consanguinity, marriage, a relationship in the nature of marriage, adoption, or as family members living together as a joint family.

Domestic violence: Section 2(g) states that domestic violence has the meaning assigned to it in Section 3.

Current legal position on "respondent": The original text of Section 2(q) used the expression "adult male person." In Hiral P. Harsora v. Kusum Narottamdas Harsora, the Supreme Court struck down the words "adult male" as unconstitutional. Accordingly, the definition of respondent is not confined to adult males. This is important when reading older copies or reproductions of the Act.

Reliefs available under the Act

Where domestic violence is alleged, the Act provides a statutory framework for remedies that may include protection orders, residence orders, monetary relief, custody orders, compensation and interim or ex parte orders, subject to the facts of the case and the applicable provisions. See the linked provisions in the Domestic Violence Act section of this website for the requirements governing each remedy.

Official legal sources

For the authoritative statutory text, amendments and rules, consult the official India Code materials linked in the sidebar. The Protection of Women from Domestic Violence Rules, 2006 supplement the Act and prescribe forms and procedural requirements.

Legal note: This article is a general explanation of Section 3 and should be read with the complete Act, the Rules and applicable judicial decisions. The legal consequences in an individual matter depend on its facts and the relief sought.