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Domestic Violence is a pattern of behavior that one person uses to control another. It can take many forms, including physical and emotional abuse or economic exploitation. Coercive control is the use of threats, economic deprivation and harm to physically restrain another person. This form abuse can be physical or sexual in nature- it often involves both kinds of violations.

The Protection of Women from Domestic Violence Act, 2005

Violence against women can be physical, sexual, emotional or economical as per the definition given in the Protection of Women from Domestic Violence Act. The act extends its protection to all women in a domestic relationship and not just married ones like other laws on violence against women do. Someone who lives in the same household as the aggressor, is related by marriage or adoption to that person, and/or is part of a joint family can be considered an aggrieved party.

In D.Velusamy vs D.Patchaiammal, the court said that the Act includes within the definition of “domestic relationship,” both marriage and other relationships that resemble marriages that it intends to protect.

All live-in relationships are covered by section 2(f) of the Act. In order to constitute such a relationship, it is imperative that the possibility of marriage exists between two people.

A person who has been the victim of domestic violence may file a petition with the protection officer. The protection officer will provide the victim with a safe place to stay, medical care if needed and assistance in getting legal help. The state government appoints this person within each state. It is the magistrate’s responsibility to work closely with him/her on cases involving domestic violence. Victims are provided shelter and counselling by the service provider, who in turn can provide separate or joint counselling to the parties. The Magistrate has power to order these measures be taken.

If women who are victims of domestic violence approach the court for help, they can be assisted. It is important that all such women understand this and come out openly to ask for assistance from authorities concerned. In an effort to encourage women who are reluctant to approach the court, it is important that such women be encouraged to stand up for their rights.

The court's power to issue orders that protect women—including issuing protection orders and awarding monetary reliefs or custody of children, among other things—are important ways in which awareness makes women stronger. The protection order will protect the victim from abuse by enforcing rules about how and when the abuser can contact her. A residence order can protect the victim by keeping her in a place where she feels safe, or it can evict the abuser from that same location.

In Sabita Mark Burges vs Mark Lionel Burges the Bombay High Court stated that if the man has participated in violent acts with the victim and is therefore considered to be a danger to her, the court can order him to move out of their shared household.

The financial compensation will help the victim regain economic stability by ordering the abuser to pay for medical care and earning loss.

Custody orders protect the child and can be given to the person making an application if that person raises a plea that is in relation to safeguarding children. The court may, after considering all relevant facts and circumstances of the case, grant custody to a particular parent or guardian.

Protection under IPC

Under Section 498-A of the Indian Penal Code, domestic violence is recognized as a crime. It applies when a woman is treated with cruelty by her husband or his relatives in demand for dowry—and comes with a maximum punishment of three years imprisonment and fine. Here, women are victimized by cruelty which may lead them to suicide or the woman has been subjected to harassment by her husband's family.

In addition to the laws that specifically recognize violence against women, section 304-B provides for a cause of action when a woman dies within seven years of her marriage due to bodily burns or any other injury caused by harassment on the part of her husband or his relatives. It is a serious crime, which can result in imprisonment for 7 years or more. The sections have been introduced to protect women and punish offenders of such heinous crimes.

The Dowry Prohibition Act, 1961

To curb the practice of dowry, stringent laws have been introduced. Legislation banning both the giving and taking of dowries was also made clear by amendments to the Act (1984 and 1986), which imposed penalties on those who break these rules. The Act states that if the presents given by relatives of the bride or groom are not demanded, they do not constitute dowry.

The Act clearly specifies that any property or valuable security given by one party to marriage to the other, before of after the marriage date will be punishable.

For demanding dowry, the punishment is imprisonment for at least five years and a fine of up to Rs. 15,000 or the value of the dowry that was demanded or given.

This was introduced to stop the destructive practice of dowry.