The Protection Of Women From Domestic Violence Act, 2005

{
    "id": 12902,
    "slug": "protection-of-women-from-domestic-violence-act-2005",
    "title": "The Protection Of Women From Domestic Violence Act, 2005",
    "short_title": "The Protection Of Women From Domestic Violence Act, 2005",
    "act_number": "(43 of 2005)",
    "act_year": 2005,
    "act_type": "CENTRAL",
    "location": "India (Central)",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Protection Of Women From Domestic Violence Act, 2005",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title , extent and commencement",
            "chapter": null,
            "content": "Object & Reasons▼\nStatement of Objects and Reasons.\n(i) It covers those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or through a relationship in the nature of marriage or adoption. In addition, relationships with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to legal protection under the proposed legislation. However, whereas the Bill enables the wife or the female living in a relationship in the nature of marriage to file a complaint under the proposed enactment against any relative of the husband or the male partner, it does not enable any female relative of the husband or the make partner to file a complaint against the wife or the female partner.\n(ii) It defines the expression \"domestic violence\" to include actual abuse or threat or abuse that is physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.\n(iii) It provides for the rights of women to secure housing. It also provides for the right of a woman to reside in her matrimonial home or shared household, whether or not she has any title or rights in such home or household. This right is secured by a residence order, which is passed by the Magistrate.\n(iv) It empowers the Magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence.\n(v) It provides for appointment of Protection Officers and registration of non- governmental organisations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe shelter, etc.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions",
            "chapter": null,
            "content": "(a) aggrieved person means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;\n(b) child means any person below the age of eighteen years and includes any adopted, step or foster child;\n(c) compensation order means an order granted in terms of section 22;\n(d) custody order means an order granted in terms of section 21;\n(e) domestic incident report means a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person;\n(f) domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;\n(g) domestic violence has the same meaning as assigned to it in section 3;\n(h) dowry shall have the same meaning as assigned to it in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961);\n(i) Magistrate means the Judicial Magistrate of the first class, or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place;\n(j) medical facility means such facility as may be notified by the State Government to be a medical facility for the purposes of this Act;\n(k) monetary relief means the compensation which the Magistrate may order the respondent to pay to the aggrieved person, at any stage during the hearing of an application seeking any relief under this Act, to meet the expenses incurred and the losses suffered by the aggrieved person as a result of the domestic violence;\n(l) notification means a notification published in the Official Gazette and the expression notified shall be construed accordingly;\n(m) prescribed means prescribed by rules made under this Act;\n(n) Protection Officer means an officer appointed by the State Government under sub-section (1) of section 8;\n(o) protection order means an order made in terms of section 18;\n(p) residence order means an order granted in terms of sub-section (1) of section 19;\n(q) respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:\n(r) service provider means an entity registered under sub-section (1) of section 10;\n(s) shared household means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household;\n(t) shelter home means any shelter home as may be notified by the State Government to be a shelter home for the purposes of this Act.\nChapter II\nDomestic Violence",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Definition of domestic violence",
            "chapter": null,
            "content": "(a) harms or injures or endangers the health, safety, life, limp or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or\n(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or\n(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or\n(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.\nExplanation I\n(i) physical abuse means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;\n(ii) sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;\n(iii) verbal and emotional abuse includes\n(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and\n(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.\n(iv) economic abuse includes\n(a) deprivation of all or any economic or financial resources to which the aggrieved person in entitled under any law or custom whether payable under an order of a Court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;\n(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and\n(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.\nExplanation II\nChapter III\nPowers And Duties Of Protection Officers, Service Providers, Etc.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Information to Protection Officer and exclusion of liability of informant",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Duties of police officers, service providers and Magistrate",
            "chapter": null,
            "content": "(a) of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under this Act;\n(b) of the availability of services of service providers;\n(c) of the availability of services of the Protection Officers;\n(d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987);\n(e) of her right to file a complaint under section 498-A of the Indian Penal Code (45 of 1860), wherever relevant:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Duties of shelter homes",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Duties of medical facilities",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Appointment of Protection Officers",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Duties and functions of Protection Officers",
            "chapter": null,
            "content": "(a) to assist the Magistrate in the discharge of his functions under this Act;\n(b) to make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;\n(c) to make an application in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;\n(d) to ensure that the aggrieved person is provided legal aid under the Legal Services Authorities Act, 1987 (39 of 1987) and make available free of cost the prescribed form in which a complaint is to be made;\n(e) to maintain a list of all service providers providing legal aid or counselling, shelter homes and medical facilities in a local area within the jurisdiction of the Magistrate;\n(f) to make available a safe shelter home, if the aggrieved person so requires and forward a copy of his report of having lodged the aggrieved person in a shelter home to the police station and the Magistrate having jurisdiction in the area where the shelter home is situated;\n(g) to get the aggrieved person medically examined, if she has sustained bodily injuries and forward a copy of the medical report to the police station and the Magistrate having jurisdiction in the area where the domestic violence is alleged to have been taken place;\n(h) to ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);\n(i) to perform such other duties as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Service providers",
            "chapter": null,
            "content": "(a) record the domestic incident report in the prescribed form if the aggrieved person so desires and forward a copy thereof to the Magistrate and the Protection Officer having jurisdiction in the area where the domestic violence took place;\n(b) get the aggrieved person medically examined and forward a copy of the medical report to the Protection Officer and the police station within the local limits of which the domestic violence took place;\n(c) ensure that the aggrieved person is provided shelter in a shelter home, if she so requires and forward a report of the lodging of the aggrieved person in the shelter home to the police station within the local limits of which the domestic violence took place.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Duties of Government",
            "chapter": null,
            "content": "(a) the provisions of this Act are given wide publicity through public media including the television, radio and the print media at regular intervals;\n(b) the Central Government and State Government officers including the police officers and the members of the judicial services are given periodic sensitisation and awareness training on the issues addressed by this Act;\n(c) effective co-ordination between the services provided by concerned Ministries and Departments dealing with law, home affairs including law and order, health and human resources to address issues of domestic violence is established and periodical review of the same is conducted;\n(d) protocols for the various Ministries concerned with the delivery of services of women under this Act including the Courts are prepared and put in place.\nChapter IV\nProcedure For Obtaining Orders Of Reliefs",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Application to Magistrate",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Service of notice",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Counselling",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Assistance of welfare expert",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Proceedings to be held in camera",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Right to reside in a shared household",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Protection orders",
            "chapter": null,
            "content": "(a) committing any act of domestic violence;\n(b) aiding or abetting in the commission of acts of domestic violence;\n(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;\n(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;\n(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;\n(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;\n(g) committing any other act as specified in the protection order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Residence orders",
            "chapter": null,
            "content": "(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;\n(b) directing the respondent to remove himself from the shared household;\n(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;\n(d) restraining the respondent from alienating or disposing off the shared household or encumbering the same;\n(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or\n(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Monetary reliefs",
            "chapter": null,
            "content": "(a) the loss of earnings;\n(b) the medical expenses;\n(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and\n(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Custody orders",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Compensation orders",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Power to grant interim and ex parte orders",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Court to give copies of order free of cost",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Duration and alteration of orders",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Relief in other suits and legal proceedings",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Jurisdiction",
            "chapter": null,
            "content": "(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or\n(b) the respondent resides or carries on business or is employed; or\n(c) the cause of action has arisen, shall be the competent Court to grant a protection order and other orders under this Act and to try offences under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Procedure",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Appeal",
            "chapter": null,
            "content": "Chapter V\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Protection Officers and members of service providers to be public servants",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Penalty for breach of protection order by respondent",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Cognizance and proof",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Penalty for not discharging duty by Protection Officer",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Cognizance of offence committed by Protection Officer",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Protection of action taken in good faith",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Act not in derogation of any other law",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Power of Central Government to make rules",
            "chapter": null,
            "content": "(a) the qualifications and experience which a Protection Officer shall possess under sub-section (2) of section 8;\n(b) the terms and conditions of service of the Protection Officers and the other officers subordinate to him, under sub-section (3) of section 8;\n(c) the form and manner in which a domestic incident report may be made under clause (b) of sub-section (1) of section 9;\n(d) the form and the manner in which an application for protection order may be made to the Magistrate under clause (c) of sub-section (1) of section 9;\n(e) the form in which a complaint is to be filed under clause (d) of sub-section (1) of section 9;\n(f) the other duties to be performed by the Protection Officer under clause (i) of sub-section (1) of section 9;\n(g) the rules regulating registration of service providers under sub-section (1) of section 10;\n(h) the form in which an application under sub-section (1) of section 12 seeking reliefs under this Act may be made and the particulars which such application shall contain under sub-section (3) of that section;\n(i) the means of serving notices under sub-section (1) of section 13;\n(j) the form of declaration of service of notice to be made by the Protection Officer under sub-section (2) of section 13;\n(k) the qualifications and experience in counselling which a member of the service provider shall possess under sub-section (1) of section 14;\n(l) the form in which an affidavit may be filed by the aggrieved person under sub-section (2) of section 23;\n(m) any other matter which has to be, or may be, prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 30th December, 2019 [act169]",
        "Act Number": "(43 of 2005)",
        "Enactment Date": "",
        "Act Year": "2005",
        "Short Title": "The Protection Of Women From Domestic Violence Act, 2005",
        "Type": "CENTRAL",
        "Location": "India (Central)"
    },
    "updated_at": "2026-09-29 21:51:56"
}