Illustration of legality of live in relationships in india

What Is Domestic Violence Under Indian Law?

Delhi Law Academy 3 Year LLB, 5 Year LLB, Criminal Law



Illustration of DV Laws in India

What Is Domestic Violence Under Indian Law?

Domestic violence is often misunderstood as only physical beating.
Under Indian law, however, domestic violence has a much wider meaning and covers several forms of abuse within a household.

The law recognises that harm inside a home may be physical, mental, emotional, verbal, or economic,
and all of these can seriously affect a person’s dignity and safety.


Who Is Protected Under Domestic Violence Law?

Domestic violence law primarily aims to protect women who are subjected to abuse within a domestic setting.

Protection is available when a woman is living, or has lived, in a shared household with the person accused of abuse.
This usually includes marriage, but may also extend to certain live-in relationships.


Is Domestic Violence Only Physical Abuse?

No. Physical violence is only one form of domestic violence.
Indian law clearly recognises that abuse inside a home often goes beyond physical harm.

Domestic violence includes any conduct that causes injury, fear, humiliation, or serious mental distress.


Types of Domestic Violence Recognised by Law

1️⃣ Physical Abuse

Any act that causes bodily pain, injury, or danger to life or health.
This includes hitting, slapping, pushing, or any form of physical assault.

2️⃣ Mental and Emotional Abuse

Mental abuse includes behaviour that causes emotional suffering or psychological trauma.

  • Constant humiliation or insults
  • Threats to harm or abandon
  • Controlling behaviour or intimidation
  • False accusations affecting dignity

3️⃣ Verbal Abuse

Repeated abusive language, name-calling, or degrading remarks that damage self-respect
may also amount to domestic violence.

4️⃣ Economic Abuse

Economic abuse refers to controlling or denying financial resources.

  • Preventing access to money
  • Not allowing basic household expenses
  • Stopping the woman from working without reason
  • Forcing financial dependence

Who Can Commit Domestic Violence?

Domestic violence is not limited to acts by the husband alone.
Depending on facts, it may involve:

  • Husband
  • In-laws or other family members living together
  • Any person exercising control in the shared household

The focus is on conduct within the domestic relationship, not merely on titles.


What Is a Shared Household?

A shared household refers to a home where the woman lives or has lived
in a domestic relationship with the accused person.

Ownership of the house is not the deciding factor.
What matters is whether the place functioned as a domestic home.


How Is Domestic Violence Different From Cruelty in Divorce?

Domestic violence focuses on protection and immediate relief,
while cruelty in divorce focuses on whether the marriage has broken down due to abusive conduct.

The same acts may sometimes amount to both domestic violence and cruelty,
but the legal purpose of each is different.


What Relief Can Be Sought Under Domestic Violence Law?

Depending on circumstances, the law allows relief such as:

  • Protection from further abuse
  • Orders restraining harassment or violence
  • Right to reside in the shared household
  • Financial relief in appropriate cases

The objective is safety, dignity, and protection — not punishment alone.


Key Points to Remember

  • ✔ Domestic violence includes physical, mental, verbal, and economic abuse
  • ✔ Physical injury is not mandatory
  • ✔ Focus is on protection, not social morality
  • ✔ Each case depends on facts and conduct

This article is written by the academic team at Delhi Law Academy, Jaipur, for general legal awareness.

📘 Stay Ahead with Delhi Law Academy!

Get access to free monthly current affairs, read our insightful blogs,
and explore free study resources prepared by experts at DLA Jaipur. 🚀

❓ Frequently Asked Questions

💡 Is domestic violence limited to physical beating?

No. Mental, emotional, verbal, and economic abuse are also recognised.

👩 Who can file a domestic violence complaint?

A woman who has lived in a shared household and faces abuse can seek protection.

🏠 Does the house need to be owned by the husband?

No. Ownership is not decisive. Living together in a domestic setup is relevant.

⚖️ Is domestic violence the same as cruelty for divorce?

No. They may overlap, but their legal purpose and remedies are different.

💰 Is financial control considered domestic violence?

Yes. Denial or control of financial resources can amount to economic abuse.

📄 Can in-laws be involved in domestic violence cases?

Depending on facts, abuse by in-laws in a shared household may be examined.