Can threats and intimidation be considered domestic violence?

Answer By law4u team

Yes, threats and intimidation are considered forms of domestic violence under Indian law. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides a broad definition of domestic violence that includes not only physical abuse, but also emotional, verbal, psychological, economic, and sexual abuse. Threats and Intimidation fall under emotional and verbal abuse, which is clearly recognized by the Act. Here’s how the law covers this: 1. Emotional or Verbal Abuse (Section 3 of the Act): The law includes: Insults, ridicule, or name-calling Threats to cause physical pain or injury Threats to throw someone out of the house Intimidation to control the woman’s behavior Threats that create fear, anxiety, or trauma 2. Intimidation and Control: If a woman is constantly threatened, yelled at, or made to feel unsafe in her own home, even if not physically harmed, it qualifies as domestic violence. The law recognizes that fear and control can be as damaging as physical harm. 3. Repeated Threats or Psychological Torture: Even if no actual violence occurs, the repeated threat of harm or constant mental pressure, including threats to harm children, take away financial support, or damage reputation, is treated seriously under this law. Legal Remedies Available: A woman facing threats or intimidation can: File a complaint under the Domestic Violence Act Seek protection orders from the court to restrain the abuser Ask for residence orders, monetary relief, and even custody of children File an FIR if the threats amount to criminal intimidation under Section 506 of the Indian Penal Code Conclusion: Yes, threats and intimidation are legally recognized as domestic violence under Indian law. The Protection of Women from Domestic Violence Act, 2005, is designed to address not just physical harm but also the emotional and psychological abuse that can occur within domestic relationships.

Answer By Ayantika Mondal

Dear Client, Yes, threats and intimidation can constitute domestic violence. Particular different conduct types are included within the ambit of domestic violence as specified in Section 3 of the Protection of Women from Domestic Violence Act, 2005. Among them are: Any act or conduct of the Husband (respondent) which harms, injures, or endangers the mental well-being of the aggrieved person, or tends to do so, including verbal and emotional abuse. Any act or conduct, purely by way of intimidation, against the aggrieved person or against any person related to her with reference to acts alleged under clauses (a) or (b) of Section 3 (b) refers to any act or conduct which harasses, harms, injures, or endangers the aggrieved person so to coerce unlawful demands, whether for dowry or for any property). Any act which otherwise injures or causes harm, either physically or mentally, to the aggrieved party. Explanation I under Section 3 further clarifies what constitutes domestic violence, defining "verbal and emotional abuse" to include repeated threats to inflict physical pain on any person in whom the aggrieved person is interested. Hence, the said Act includes within its ambit any threatening conduct amounting to mental harm and injury, or repeated threats to inflict physical pain on the aggrieved person's loved one. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.