In Sri Lanka, mental and physical abuse is addressed through a combination of statutory provisions and judicial interpretations that aim to protect individuals particularly women and children from violence, cruelty, and psychological harm. The Penal Code, the Prevention of Domestic Violence Act No. 34 of 2005, and other related statutes form the backbone of legal protection against such abuse. While physical abuse is more directly addressed through assault and grievous hurt provisions, mental abuse though harder to define and prove is increasingly recognized by courts as a serious violation of personal dignity and human rights.
Physical abuse is primarily prosecuted under Sections 310 to 326 of the Penal Code, which deal with assault, hurt, and grievous hurt. These sections define various degrees of bodily harm and prescribe punishments ranging from fines to imprisonment. For example, Section 315 criminalizes causing hurt with dangerous weapons, while Section 317 addresses grievous hurt with intent. In cases of domestic violence, these provisions are often invoked alongside the Prevention of Domestic Violence Act, which allows victims to seek protection orders and other remedies through the Magistrate’s Court.
Mental abuse, although not explicitly defined in the Penal Code, is increasingly acknowledged under the Prevention of Domestic Violence Act. Psychological harm, emotional manipulation, and verbal abuse are considered forms of domestic violence when they result in mental trauma or distress. Courts have begun to interpret “violence” in a broader sense, recognizing that abuse is not limited to physical injury but can also include sustained emotional harm.
Despite these legal developments, challenges remain in prosecuting mental abuse.
Unlike physical injuries, psychological harm is difficult to quantify and often lacks tangible evidence. Victims may hesitate to report abuse due to social stigma, fear of retaliation, or lack of awareness about legal remedies. Moreover, the judicial system still grapples with the subjective nature of emotional harm, which requires nuanced understanding and sensitivity from legal professionals.
In conclusion, Sri Lankan criminal law provides a framework for addressing both physical and mental abuse, though the latter is still evolving in terms of legal recognition and enforcement. Through statutes like the Penal Code and the Prevention of Domestic Violence Act, and through progressive judicial decisions, the legal system is gradually expanding its understanding of abuse to include psychological harm. Continued legal reform, public education, and judicial training are essential to ensure that victims of all forms of abuse receive the protection and justice they deserve.
Written By: –
Krishmi Nishela Silva
Faculty of Law,
University of Colombo
Design By: –
Rtr. Kawindra Wickramasinghe
(Junior Blog Team Member 2025-26)
