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What does Explanation II to section 3 of the Protection of Women from Domestic Violence Act, 2005…

Explanation II to section 3 requires consideration of the overall facts and circumstances. The woman’s perception, the gravity of the conduct and the respondent’s behaviour…

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What does Explanation II to section 3 of the Protection of Women from Domestic Violence Act, 2005 direct the decision-maker to consider when determining whether conduct constitutes domestic violence?

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Correct answer D

Explanation II to section 3 requires consideration of the overall facts and circumstances. The woman’s perception, the gravity of the conduct and the respondent’s behaviour may be relevant within that broader assessment.

Option feedback

Option A

The woman’s perception can be relevant, but the statutory direction is to assess the overall facts and circumstances.

Option B

The gravity of the act or omission can form part of the assessment. Explanation II requires the overall facts and circumstances.

Option C

The respondent’s behaviour can form part of the assessment. Explanation II requires the overall facts and circumstances.

Option D

Explanation II directs consideration of the overall facts and circumstances of the case.

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