THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

3.  Definitions of domestic violence. 

CHAPTER II 

DOMESTIC VIOLENCE 

CHAPTER III 

POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE PROVIDERS, ETC. 

4.  Information to Protection Officer and exclusion of liability of informant. 
5.  Duties of police officers, service providers and Magistrate. 
6.  Duties of shelter homes. 
7.  Duties of medical facilities. 
8.  Appointment of Protection Officers. 
9.  Duties and functions of Protection Officers. 
10.  Service providers. 
11.  Duties of Government. 

CHAPTER IV 

PROCEDURE FOR OBTAINING ORDERS OF RELIEFS 

12.  Application of Magistrate. 
13.  Service of notice. 
14.  Counselling. 
15.  Assistance of welfare expert. 
16.  Proceedings to be held in camera. 
17.  Right to reside in a shared household. 
18.  Protection orders. 
19.  Residence orders. 
20.  Monetary reliefs. 
21.  Custody orders. 
22.  Compensation orders. 
23.  Power to grant interim and ex parte orders. 
24.  Court to give copies of order free of cost. 
25.  Duration of orders. 
26.  Relief in other suits and legal proceedings. 
27.  Jurisdiction. 
28.  Procedure. 

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SECTIONS 

29.  Appeal. 

CHAPTER V 

MISCELLANEOUS 

30.  Protection Officers and members of service providers to be public servants. 
31.  Penalty for breach of protection order by respondent. 
32.  Cognizance and proof. 
33.  Penalty for not discharging duty by Protection Officers. 
34.  Cognizance of offence committed by Protection Officer. 
35.  Protection of action taken in good faith. 
36.  Act not in derogation of any other law. 
37.  Power of Central Government to make rules. 

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THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 

ACT NO. 43 OF 2005 

[13th September, 2005.] 

An  Act  to  provide  for  more  effective  protection  of  the  rights  of  women  guaranteed  under  the 
Constitution  who  are  victims  of  violence  of  any  kind  occurring  within  the  family  and 
formatters connected therewith or incidental thereto. 

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:— 

CHAPTER I 
PRELIMINARY 

1. Short 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 1***. 
(3)  It  shall  come  into  force  on  such  date2  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—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  respondent  and  who  alleges  to  have  been  subjected  to  any  act  of  domestic  violence  by  the 
respondent; 

(b) “child” means any person below the age of eighteen years and includes any adopted, step or 

foster child; 

(c) “compensation order” means an order granted in terms of section 22; 
(d) “custody order” means an order granted in terms of section 21; 
(e)  “domestic  incident  report”  means  a  report  made  in  the  prescribed  form  on  receipt  of  a 

complaint of domestic violence from an aggrieved person; 

(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; 

(g) “domestic violence” has the same meaning as assigned to it in section 3; 
(h) “dowry” shall have the same meaning as assigned to it in section 2 of the Dowry Prohibition 

Act, 1961 (28 of 1961); 

(i)  “Magistrate”  means  the  Judicial  Magistrate  of  the  first  class,  or  as  the  case  may  be,  the 

Metropolitan  Magistrate,  exercising 
jurisdiction  under 
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; 

the  Code  of  Criminal  Procedure,                      

(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; 

(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; 

(l)  “notification”  means  a  notification  published  in  the  Official  Gazette  and  the  expression 

“notified” shall be construed accordingly; 

(m) “prescribed” means prescribed by rules made under this Act; 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

2. 26th October, 2006, vide notification No. S.O. 1776(E), dated by 17th October, 2006, see Gazette of India, Extraordinary, 

Part II, sec. 3(ii). 

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(n)  “Protection  Officer”  means  an  officer  appointed  by  the  State  Government  under                    

sub-section (1) of section 8; 

(o) “protection order” means an order made in terms of section 18; 

(p) “residence order” means an order granted in terms of sub-section (1) of section 19; 

(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: 

Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may 

also file a complaint against a relative of the husband or the male partner; 

(r) “service provider” means an entity registered under sub-section (1) of section 10; 

(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 house 
hold 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; 

(t) “shelter home” means any shelter home as may be notified by the State Government to be as 

helter home for the purposes of this Act. 

CHAPTER II 

DOMESTIC VIOLENCE 

3. Definition 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 injures or endangers the health, safety, life, limb 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 

(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 

(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 

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. 

Explanation I.—For the purposes of this section,— 

(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; 

(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades 

or otherwise violates the dignity of woman; 

(iii) “verbal and emotional abuse” includes— 

(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard 

to not having a child or a male child; and 

(b) repeated threats to cause physical pain to any person in whom the aggrieved person is 

interested; 
(iv) “economic abuse” includes— 

(a)  deprivation  of  all  or  any  economic  or  financial  resources  to  which  the  aggrieved 
person  is  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 

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to,  house  hold  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 house hold and maintenance; 

(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 

(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. 

Explanation II.—For the purpose of determining whether any act, omission, commission or conduct 
of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances 
of the case shall be taken into consideration. 

CHAPTER III 

POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE PROVIDERS, ETC. 

4.  Information  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 it to the concerned Protection Officer. 

(2)  No  liability,  civil  or  criminal,  shall  be  incurred  by  any  person  for  giving  in  good  faith  of 

information for the purpose of sub-section (1). 

5.  Duties  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  an  incident  of  domestic  violence  or  when  the  incident  of  domestic  violence  is 
reported to him, shall inform the aggrieved person— 

(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; 

(b) of the availability of services of service providers; 

(c) of the availability of services of the Protection Officers; 

(d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987); 

(e)  of  her  right  to  file  a  complaint  under  section  498A  of  the  Indian  Penal  Code                               

(45 of 1860),wherever relevant: 

Provided that nothing in this Act shall be construed in any manner as to relieve a police officer 
from his duty to proceed in accordance with law upon receipt of information as to the commission of 
a cognizable offence. 

6. Duties 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, such person in charge of 
the shelter home shall provide shelter to the aggrieved person in the shelter home. 

7.  Duties  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 aid to her, such 
person in charge of the medical facility shall provide medical aid to the aggrieved person in the medical 
facility. 

8. Appointment 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 notify the 
area or areas within which a Protection Officer shall exercise the powers and perform the duties conferred 
on him by or under this Act. 

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(2) The  Protection  Officers  shall  as far  as  possible  be  women  and  shall  possess  such qualifications 

and experience as may be prescribed. 

(3) The terms and conditions of service of the Protection Officer and the other officers subordinate to 

him shall be such as may be prescribed. 

9. Duties 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 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; 

(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; 

(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; 

(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; 

(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; 

(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; 

(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); 

(i) to perform such other duties as may be prescribed. 

(2)  The  Protection  Officer  shall  be  under  the  control  and  supervision  of  the  Magistrate,  and  shall 

perform the duties imposed on him by the Magistrate and the Government by, or under, this Act. 

10.  Service  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  company  registered 
under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force with the objective 
of  protecting  the  rights  and  interests  of  women  by  any  lawful  means  including  providing  of  legal  aid, 
medical, financial or other assistance shall register itself with the State Government as a service provider 
for the purposes of this Act. 

(2) A service provider registered under sub-section (1) shall have the power to— 

(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; 

(b) get the aggrieved person medically examined and forward a copy of the medical repot to the 
Protection Officer and the police station within the local limits of which the domestic violence took 
place; 

(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. 

(3)  No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against  any  service  provider  or  any 
member of the service provider who is, or who is deemed to be, acting or purporting to act under this Act, 
for anything which is in good faith done or intended to be done in the exercise of powers or discharge of 
functions under this Act towards the prevention of the commission of domestic violence. 

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11.  Duties  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  public  media  including  the 

television, radio and the print media at regular intervals; 

(b) the Central Government and State Government officers including the police officers and the 
members of the judicial services are given periodic sensitization and awareness training on the issues 
addressed by this Act; 

(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; 

(d) protocols for the various Ministries concerned with the delivery of services to women under 

this Act including the courts are prepared and put in place. 

CHAPTER IV 

PROCEDURE FOR OBTAININGORDERS OF RELIEFS 

12. Application 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  one  or  more 
reliefs under this Act: 

Provided  that  before  passing  any  order  on  such  application,  the  Magistrate  shall  take  into 
consideration  any  domestic  incident  report  received  by  him  from  the  Protection  Officer  or  the  service 
provider. 

(2)  The  relief  sought  for  under  sub-section  (1)  may  include  a  relief  for  issuance  of  an  order  for 
payment of compensation or damages without prejudice to the right of such person to institute a suit for 
compensation  or  damages  for  the  injuries  caused  by  the  acts  of  domestic  violence  committed  by  the 
respondent: 

Provided that where a decree for any amount as compensation or damages has been passed by any 
court  in  favour  of  the  aggrieved  person,  the  amount,  if  any,  paid  or  payable  in  pursuance  of  the  order 
made by the Magistrate under this Act shall be set off against the amount payable under such decree and 
the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or 
any other law for the time being in force, be executable for the balance amount, if any, left after such set 
off. 

(3) Every application under sub-section (1) shall be in such form and contain such particulars as may 

be prescribed or as nearly as possible thereto. 

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days 

from the date of receipt of the application by the court. 

(5) The Magistrate shall Endeavour to dispose of every application made under sub-section (1) within 

a period of sixty days from the date of its first hearing. 

13. Service 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 means as may be prescribed on 
the respondent, and on any other person, as directed by the Magistrate within a maximum period of two 
days or such further reasonable time as may be allowed by the Magistrate from the date of its receipt. 

(2)  A  declaration  of  service  of  notice  made  by  the  Protection  Officer  in  such  form  as  may  be 
prescribed shall be the proof that such notice was served upon the respondent and on any other person as 
directed by the Magistrate unless the contrary is proved. 

14. Counselling.—(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 undergo counselling with any member of a 

service provider who possess such qualifications and experience in counselling as may be prescribed. 

(2) Where the Magistrate has issued any direction under sub-section (1), he shall fix the next date of 

hearing of the case within a period not exceeding two months. 

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15. Assistance 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, including a 
person  engaged  in  promoting  family  welfare  as  he  thinks  fit,  for  the  purpose  of  assisting  him  in 
discharging his functions. 

16.  Proceedings  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 under 
this Act in camera. 

17. Right 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 in 
the shared household, whether or not she has any right, title or beneficial interest in the same. 

(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it 

by the respondent save in accordance with the procedure established by law. 

18. Protection 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 violence has taken place or 
is  likely  to  take  place,  pass  a  protection  order  in  favour  of  the  aggrieved  person  and  prohibit  the 
respondent from— 

(a) committing any act of domestic violence; 

(b) aiding or abetting in the commission of acts of domestic violence; 

(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; 

(d)  attempting  to  communicate  in  any  form,  whatsoever,  with  the  aggrieved  person,  including 

personal, oral or written or electronic or telephonic contact; 

(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; 

(f)  causing  violence  to  the  dependants,  other  relatives  or  any  person  who  give  the  aggrieved 

person assistance from domestic violence; 

(g) committing any other act as specified in the protection order. 

19. Residence orders.—(1) While disposing of an application under sub-section (1) of section12, the 

Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order— 

(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; 

(b) directing the respondent to remove himself from the shared household; 

(c)  restraining  the  respondent  or  any  of  his  relatives  from  entering  any  portion  of  the  shared 

household in which the aggrieved person resides; 

(d)  restraining  the  respondent  from  alienating  or  disposing  off  the  shared  household  or 

encumbering the same; 

(e) restraining the respondent from renouncing his rights in the shared household except with the 

leave of the Magistrate; or 

(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: 

Provided that no order under clause (b) shall be passed against any person who is a woman. 

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(2) The Magistrate may impose any additional conditions or pass any other direction which he may 
deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of 
such aggrieved person. 

(3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for 

preventing the commission of domestic violence. 

(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of 

Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly. 

(5)  While  passing  an  order  under  sub-section  (1),  sub-section  (2)  or  sub-section  (3),  the  court  may 
also  pass  an  order  directing  the  officer  in  charge  of  the  nearest  police  station  to  give  protection  to  the 
aggrieved person or to assist her or the person making an application on her behalf in the implementation 
of the order. 

(6)  While  making  an  order  under  sub-section  (1),  the  Magistrate  may  impose  on  the  respondent 
obligations relating to the discharge of rent and other payments, having regard to the financial needs and 
resources of the parties. 

(7)  The  Magistrate  may  direct  the  officer  in-charge  of  the  police  station  in  whose  jurisdiction  the 

Magistrate has been approached to assist in the implementation of the protection order. 

(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her 

stridhan or any other property or valuable security to which she is entitled to. 

20. Monetary 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  expenses  incurred  and  losses 
suffered  by  the  aggrieved  person  and  any  child  of  the  aggrieved  person  as  a  result  of  the  domestic 
violence and such relief may include, but not limited to,— 

(a) the loss of earnings; 

(b) the medical expenses; 

(c) the loss caused due to the destruction, damage or removal of any property from the control of 

the aggrieved person; and 

(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. 

(2)  The  monetary  relief  granted  under  this  section  shall  be  adequate,  fair  and  reasonable  and 

consistent with the standard of living to which the aggrieved person is accustomed. 

(3)  The  Magistrate  shall  have  the  power  to  order  an  appropriate  lump  sum  payment  or  monthly 

payments of maintenance, as the nature and circumstances of the case may require. 

(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to 
the  parties to the  application  and  to  the  in  charge  of  the  police  station  within  the  local  limits of  whose 
jurisdiction the respondent resides. 

(5) The respondent  shall  pay  the  monetary  relief  granted to  the  aggrieved  person  within  the  period 

specified in the order under sub-section (1). 

(6)  Upon  the  failure  on  the  part  of  the  respondent  to  make  payment  in  terms  of  the  order  under                

sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to 
the  aggrieved  person  or  to  deposit  with  the  court  a  portion  of  the  wages  or  salaries  or  debt  due  to  or 
accrued  to  the  credit  of  the  respondent,  which  amount  may  be  adjusted  towards  the  monetary  relief 
payable by the respondent. 

21.  Custody  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 order or for any other 
relief  under  this  Act  grant  temporary  custody  of  any  child  or  children  to  the  aggrieved  person  or  the 
person making an application on her behalf and specify, if necessary, the arrangements for visit of such 
child or children by the respondent: 

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Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the 

interests of the child or children, the Magistrate shall refuse to allow such visit. 

22.  Compensation  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  directing  the 
respondent  to  pay  compensation  and  damages  for  the  injuries,  including  mental  torture  and  emotional 
distress, caused by the acts of domestic violence committed by that respondent. 

23. Power to grant interim and ex parte 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  satisfied  that  an  application  prima  facie  discloses  that  the  respondent  is 
committing, or has committed an act of domestic violence or that there is a likelihood that the respondent 
may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in 
such form, as may be prescribed, of the aggrieved person under section18, section 19, section 20, section 
21 or, as the case may be, section 22 against the respondent. 

24.  Court  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 
to  the  application,  the  police  officer  in-charge  of  the  police  station  in  the  jurisdiction  of  which  the 
Magistrate  has  been  approached,  and  any  service  provider  located  within  the  local  limits  of  the 
jurisdiction  of  the  court  and  if  any  service  provider  has  registered  a  domestic  incident  report,  to  that 
service provider. 

25. Duration 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  application  from  the  aggrieved  person  or  the  respondent,  is 
satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any 
order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem 
appropriate. 

26. Relief 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 
court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or 
after the commencement of this Act. 

(2) Any relief referred to in sub-section (1) may be sought for in addition to and along with any other 

relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court. 

(3)  In  case  any  relief  has  been  obtained  by  the  aggrieved  person  in  any  proceedings  other  than  a 

proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief. 

27.  Jurisdiction.—(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  person  aggrieved  permanently  or  temporarily  resides  or  carries  on  business  or  is 

employed; or 

(b) the respondent resides or carries on business or is employed; or 

(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. 

(2) Any order made under this Act shall be enforceable throughout India. 

28.  Procedure.—(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 by the provisions of the Code of 
Criminal Procedure, 1973 (2 of 1974). 

(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal 

of an application under section 12 or under sub-section (2) of section 23. 

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29.  Appeal.—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 or the respondent, as the case 
may be, whichever is later. 

CHAPTER V 

MISCELLANEOUS 

30. Protection 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 orders made thereunder shall be deemed to be public servants within 
the meaning of section 21 of the Indian Penal Code (45 of 1860). 

31. Penalty 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 imprisonment of either description for a term which may extend to one year, or with fine which may 
extend to twenty thousand rupees, or with both. 

(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had 

passed the order, the breach of which has been alleged to have been caused by the accused. 

(3) While framing charges under sub-section (1), the Magistrate may also frame charges under section 
498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition 
Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those 
provisions. 

32.  Cognizance  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  cognizable  and                  
non-bailable. 

(2) Upon the sole testimony of the aggrieved person, the court may conclude that an offence under 

sub-section (1) of section 31 has been committed by the accused. 

33.  Penalty  for  not  discharging  duty  by  Protection  Officer.—If  any  Protection  Officer  fails  or 
refuses to discharge his duties as directed by the Magistrate in the protection order without any sufficient 
cause, he shall be punished with imprisonment of either description for a term which may extend to one 
year, or with fine which may extend to twenty thousand rupees, or with both. 

34.  Cognizance  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 Government or an officer authorised by it in this behalf. 

35. Protection 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 
good faith done or intended to be done under this Act or any rule or order made thereunder. 

36. Act 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. 

37.  Power  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  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  qualifications  and  experience  which  a  Protection  Officer  shall  possess  under                              

sub-section (2) of section 8; 

(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; 

(c)  the  form  and  manner in  which  a  domestic  incident  report  may  be  made  under clause (b)  of 

sub-section (1) of section 9; 

(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; 

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(e) the form in which a complaint is to be filed under clause (d) of sub-section (1) of section 9; 

(f) the other duties to be performed by the Protection Officer under clause (i) of sub-section (1) of 

section 9; 

(g) the rules regulating registration of service providers under sub-section (1) of section 10; 

(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; 

(i) the means of serving notices under sub-section (1) of section 13; 

(j)  the  form  of  declaration  of  service  of  notice  to  be  made  by  the  Protection  Officer  under                      

sub-section (2) of section 13; 

(k) the qualifications and experience in counselling which a member of the service provider shall 

possess under sub-section (1) of section 14; 

(l) the form in which an affidavit may be filed by the aggrieved person under sub-section (2) of 

section 23; 

(m) any other matter which has to be, or may be, prescribed. 

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House 
of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

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