SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
1.     This Act may be called the Protection of Women from Domestic Violence Act, 2005.2.     It extends to the whole of India except the State of Jammu and...
2Definitions
In this Act, unless the context otherwise requires,—a.     “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respon...
Chapter IIDomestic Violence
3Definition of domestic violence
For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—a.     harms or inju...
Chapter IIIPowers and Duties of Protection Officers, Service Providers, Etc.
4Information to Protection Officer and exclusion of liability of informant
1.     Any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about ...
5Duties of police officers, service providers and Magistrate
A police officer, Protection Officer, service provider or Magistrate who has received a complaint of domestic violence or is otherwise present at the place of...
6Duties of shelter homes
If an aggrieved person or on her behalf a Protection Officer or a service provider requests the person in charge of a shelter home to provide shelter to her, ...
7Duties of medical facilities
If an aggrieved person or, on her behalf a Protection Officer or a service provider requests the person in charge of a medical facility to provide any medical...
8Appointment of Protection Officers
1.     The State Government shall, by notification, appoint such number of Protection Officers in each district as it may consider necessary and shall also n...
9Duties and functions of Protection Officers
1.     It shall be the duty of the Protection Officer—a.     to assist the Magistrate in the discharge of his functions under this Act;b.    to make a domes...
10Service providers
1.     Subject to such rules as may be made in this behalf, any voluntary association registered under the Societies Registration Act, 1860 (21 of 1860) or a...
11Duties of Government
The Central Government and every State Government, shall take all measures to ensure that—a.     the provisions of this Act are given wide publicity through p...
Chapter IVProcedure for obtaining orders of reliefs
12Application to Magistrate
1.     An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking...
13Service of notice
1.     A notice of the date of hearing fixed under section 12 shall be given by the Magistrate to the Protection Officer, who shall get it served by such mea...
14Counseling
1.     The Magistrate may, at any stage of the proceedings under this Act, direct the respondent or the aggrieved person, either singly or jointly, to underg...
15Assistance of welfare expert
In any proceeding under this Act, the Magistrate may secure the services of such person, preferably a woman, whether related to the aggrieved person or not, i...
16Proceedings to be held in camera
If the Magistrate considers that the circumstances of the case so warrant, and if either party to the proceedings so desires, he may conduct the proceedings u...
17Right to reside in a shared household
1.     Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside...
18Protection orders
The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violen...
19Residence orders
1.     While disposing of an application under sub?section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, ...
20Monetary reliefs
1.     While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the exp...
21Custody orders
Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection...
22Compensation orders
In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directin...
23Power to grant interim and exparte orders
1.     In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper.2.     If the Magistrate is satisf...
24Court to give copies of order free of cost
The Magistrate shall, in all cases where he has passed any order under this Act, order that a copy of such order, shall be given free of cost, to the parties ...
25Duration and alteration of orders
1.     A protection order made under section 18 shall be in force till the aggrieved person applies for discharge.2.     If the Magistrate, on receipt of an ...
26Relief in other suits and legal proceedings
1.     Any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal ...
27Jurisdiction
1.     The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which—a.     the pe...
28Procedure
1.     Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed b...
29Appeal
There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person...
Chapter VMiscellaneous
30Protection Officers and members of service providers to be public servants
The Protection Officers and members of service providers, while acting or purporting to act in pursuance of any of the provisions of this Act or any rules or ...
31Penalty for breach of protection order by respondent
1.     A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imp...
32Cognizance and proof
1.     Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under sub-section (1) of section 31 shall be cogniz...
33Penalty for not discharging duty by Protection Officer
If any Protection Officer fails or refuses to discharges his duties as directed by the Magistrate in the protection order without any sufficient cause, he sha...
34Cognizance of offence committed by Protection Officer
No prosecution or other legal proceeding shall lie against the Protection Officer unless a complaint is filed with the previous sanction of the State Governme...
35Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Protection Officer for any damage caused or likely to be caused by anything which is in g...
36Act not in derogation of any other law
The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force....
37Power of Central Government to make rules
1.     The Central Government may, by notification, make rules for carrying out the provisions of this Act.2.     In particular, and without prejudice to the...
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