Protection of Women from Domestic Violence Act

Short title, extent and commencement

Provides the title (Protection of Women from Domestic Violence Act, 2005), territorial extent (whole of India), and the commencement of the Act.

Definitions

Defines the key statutory terms used in the Act, including aggrieved person, domestic relationship, shared household, respondent, Protection Officer, and types of relief orders.

Definition of domestic violence

Provides a comprehensive definition of domestic violence, covering physical, sexual, verbal, emotional, and economic abuse, as well as harassment related to dowry demands.

Information to Protection Officer and exclusion of liability of informant

Allows anyone to report suspected domestic violence to a Protection Officer and protects the informant from civil or criminal liability if reported in good faith.

Duties of police officers, service providers and Magistrate

Mandates that police, Protection Officers, service providers, and Magistrates must inform victims of domestic violence of their rights, including various relief orders, free legal aid, and filing IPC 498A complaints.

Duties of shelter homes

Obligates the person in charge of a shelter home to provide shelter to the victim when requested by the victim, a Protection Officer, or a service provider.

Duties of medical facilities

Obligates the person in charge of a medical facility to provide immediate medical aid to the victim when requested by the victim, a Protection Officer, or a service provider.

Appointment of Protection Officers

Directs the State Government to appoint Protection Officers in each district, specifying that they should preferably be women and meet prescribed qualifications.

Duties and functions of Protection Officers

Details the duties of Protection Officers, including assisting the Magistrate, filing Domestic Incident Reports, securing legal aid, shelter, and medical care for victims, and executing monetary relief orders.

Service providers

Enables registered NGOs and companies protecting women's rights to register as official service providers, empowering them to file reports, arrange shelter/medical aid, and grants them legal immunity for good faith actions.

Duties of Government

Directs the Central and State Governments to publicize the Act, sensitize police and judicial officers, establish coordination among relevant departments, and lay down protocols.

Application to Magistrate

Allows victims or their representatives to apply to the Magistrate for relief. It mandates that the first hearing be scheduled within 3 days and the case be resolved within 60 days.

Service of notice

Directs the Protection Officer to serve notice of the hearing date to the respondent within 2 days of receipt, and establishes the officer's declaration as proof of service.

Counselling

Empowers the Magistrate to direct either or both parties to undergo counselling with a registered service provider, setting the next hearing within 2 months.

Assistance of welfare expert

Allows the Magistrate to secure the assistance of a welfare expert, preferably a woman, to help in discharging their functions during proceedings.

Proceedings to be held in camera

Provides that proceedings may be held in camera (privately, without public or media presence) if the Magistrate deems it fit or if either party requests it.

Right to reside in a shared household

Guarantees every woman in a domestic relationship the right to reside in the shared household, regardless of legal ownership, and protects her from arbitrary eviction.

Protection orders

Empowers the Magistrate to issue a Protection Order to prohibit the respondent from committing abuse, contacting the victim, entering her workplace, or alienating shared assets without court leave.

Residence orders

Empowers the Magistrate to pass a Residence Order protecting the victim's right to live in the shared household, prohibiting eviction, directing the respondent to remove himself, or ordering rental for alternate housing.

Monetary reliefs

Empowers the Magistrate to order the respondent to pay monetary relief for medical costs, loss of earnings, property damage, and maintenance (which is independent of CrPC 125).

Custody orders

Empowers the Magistrate to grant temporary custody of children to the victim (or representative) and regulate or deny visitation rights to the respondent based on the child's interest.

Compensation orders

Allows the Magistrate to order the respondent to pay compensation and damages for injuries, including mental torture and emotional distress, in addition to other reliefs.

Power to grant interim and ex parte orders

Grants the Magistrate power to pass interim orders and issue ex parte orders based on the victim's affidavit if there is an immediate threat of domestic violence.

Court to give copies of order free of cost

Directs the Magistrate to provide copies of any order passed under the Act free of cost to the parties, the local police station, and the involved service providers.

Duration and alteration of orders

Provides that protection orders remain in force until the victim applies for discharge, and allows modification or revocation of any order upon a change in circumstances.

Relief in other suits and legal proceedings

Enables the victim to seek domestic violence reliefs (Sections 18-22) in any ongoing civil, criminal, or family court proceedings, and mandates informing the Magistrate of such other reliefs.

Jurisdiction

Defines the territorial jurisdiction of the court (Magistrate), allowing cases to be filed where the victim resides, works, or where the violence occurred, and declares orders enforceable nationwide.

Procedure

Save as otherwise provided, all proceedings and offenses under this Act are governed by the Code of Criminal Procedure, 1973, while allowing courts to devise their own procedures for applications.

Appeal

Provides the right to appeal any order passed by the Magistrate to the Court of Session within 30 days of the order being served on the concerned party.

Protection Officers and members of service providers to be public servants

Deems Protection Officers and service provider members as public servants under Section 21 of the IPC when discharging duties under the Act.

Penalty for breach of protection order by respondent

Makes the breach of any protection or interim protection order by the respondent a criminal offense punishable by up to 1 year of imprisonment, a fine of up to ₹20,000, or both.

Cognizance and proof

Classifies the breach of a protection order as a cognizable and non-bailable offense, and allows the court to convict the accused based on the victim's sole testimony.

Penalty for not discharging duty by Protection Officer

Prescribes a penalty of up to 1 year of imprisonment, a fine of up to ₹20,000, or both, for any Protection Officer who fails or refuses to discharge their duties without sufficient cause.

Cognizance of offence committed by Protection Officer

Shields Protection Officers from prosecution or legal proceedings unless previous sanction is obtained from the State Government or its authorized officer.

Protection of action taken in good faith

Immunizes the Protection Officer from legal liability for any damages caused by actions done or intended to be done in good faith under the Act.

Act not in derogation of any other law

Ensures that the provisions of the DV Act supplement and do not weaken or replace any other existing laws in force.

Power of Central Government to make rules

Delegates rule-making authority to the Central Government to prescribe forms, officer qualifications, and details for implementing the Act, subject to parliamentary approval.