Domestic Violence

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Domestic Violence

Domestic violence is a type of ill treatment brought in action by someone who’s very close to the aggrieved party. Domestic Violence includes mental,physical and sexual abuse against a person in the domestic setting which is marriage. Domestic Violence assimilates partners,ex-partners,family,close friends and relatives etc.

As per Section 3 of the Domestic Violence Act,2005 the term Domestic Violence means-

“Harassment in form of harm or injury by coercing the woman for any unlawful demand,Causing harm or injury by physical or mental means,By causing a threat to life,health or safety via sexual abuse,mental abuse,verbal abuse or emotional abuse.”

There are different types of domestic abuses,they are:

  • Emotional Abuse It includes giving rise to an injury on an emotional level by humiliation,insults,threats,putting pressures etc.
  • Economic Abuse It includes the activities which result in financial codependency.
  • Physical Abuse It includes violent actions which result in harming the physical health of the victim. Physical Abuse can include slapping,hitting,kicking etc.
  • Sexual Abuse It includes activities where the abuser forcefully tries to make physical contact with the victim without her consent which may include physical abuse on the sexual parts of the body,physical violence folliwed by forced sex etc.
  • Mental Abuse It includes activities where the abuser tries to harm the mental health of the victim by putting force or oppression upon her in various manners.

Against whom can domestic violence be filed?

A complaint can be filed against any adult male who has been in a domestic relationship with the aggrieved party and against whom the aggrieved party has sought any relief under the act. It can also be filed against the family members of the accused along with the accused.

Which Sections deal with Domestic Violence

  1. Section 313-316 of Indian Penal Code 1860 deals with female infanticide (abortion).
  2. Section 305-306 of Indian Penal Code 1860 deals with the case of Abetment to suicide
  3. Section 340,340 of Indian Penal Code 1860 deals with wrongful confinement and wrongful restraint.
  4. Section 498A of Indian Penal Code 1860 deals with cruelty which is also a form of domestic violence.
  5. Section 304B of Indian Penal Code 1860 deals with the dowry death which is a form of domestic abuse.

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