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EXTRAORDINARY
""'II-""".
PART II-Section.
PUBLISHED BY AUTHORITY
"-49' Nn.
-" ",. .,j~_~"""_14_200"-m::23 NEWDEU1~ WEONESOAY, SEP'I"E l'l' .4,2f)()5/BIIADRA 23, 1927
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S,p"'" paging" giyon'" thi, Put in o,d" that it may b, m,d .. a "P"'" ,ompOation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
N,wD"hi, the 14th Soptembe, 200S/Shad,a23, 1927 (Saw)
The following Act of Padiament ""iYOd the ,,"nt of the p",ident on
the I3tb Septemb,,- 2005, and i, he"by pobli,hed fo, gene,,! infonnation'~
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
ACT, 2005
No. 43 OF 2005
[l3thSoptemb 200S.]
An Act to provide for more effec!ive protection of the rights of women
guaranteed under the Constitution who are victims of violence of any
kind occurring within the family and for matters connected therewith
or incidental thereto.
Br itenact,d by P"liamoat inlbe Fifty.,ixlb Ye"oflbe Repobliaof India.. follow",-
CHAPTER I
PREUM<NARY
I. (I) Thi, Act may be "lied the Protection of Women from Dom",ia Violenae Act,200S. (2) It extend, to the whole ofIndia except the SUi" of Jammo and K"hmi,. (3) It ,hall oeme into forae on ,Doh date" the Central Government m.y. by notifi"tion in the Offidal Gazette. appoint
- In thi, Act, oole" Ibe aontext olbemi" "qoir".- (a) "aggrieved pmon" mean, any woman who i" o,h.. been, in a dome"ia "lation,hip witb the "'pondent and who aile." to have been ,objected to any act of dom"tia yiolen" by the "'pondent;
Shmt h<',. "",,,., ~.,
Don.,h..,.
THE GAZETIE OF INDIA EXTRAORDINARY [PARTII-
(b) "child" means any pmon below the age of eighteen years and includes any adopted. step or foster chHd; (c) "compcosation order" means an order g<anted m ter... of section 22; (d) "custody order" meaos an order g<aoted in tenDS 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 awieved persoo; (/) "domestic relationsbip" meaos a relationship hetween two persons who live or have. at any pomt of time. lived together in a shared household, wheo they are related by consanguinity, marriage, or througb a relationship in the nature of marriage, adoption or are fatnily members living togetber as ajoint family; (g) "domestic violence" has the satne meaoing as assigned to it in section 3; (h) "dowry" shall bavethe Satne meaning as assigned to it in section 2 of the DowryProhihitionAct.1961; (" "Magis"ate" me""s the ludicial Magis"ate oftbe first class. or as the case may be, the Meuopolitan Magis"ate, exercisiogjutisdiction under the Code of }'riminal Procedure, 1973 m the area where the agg<ieved person resides te..porarily or otherwise or the respondent ",ides or the domestic violence is alleged to have taken place; (J) "medical facility" means such facility as may be notified by the State Government tn be a medical facility for the purposes of this Act; (k) "monetary relief" means the compensation which the Magistrate may order the "'pondent to pay to the aggrieved person, at any stage during tbe bearing of ao application seeking any relief under this Act, to meet the expenses incurred aod the lo"es suffered by the awieved persnn as a result uf the domestic y;olence;
(f) "notification" means a notification published in the Official Gazette and the expression "notified" shall be construed accordingly; (m) "prescribed" meaos prescribed by rules made under this Act (n) "Protection Officer" mcans an officer appomted bythc State Government under sub-section (1) of section 8; (0) "p,'ot.oIion order" mean, ""ord" made in terms of section 18; (P) "residcnce order" means an order gr""ted in terms of sub-section (1) of section 19; (q) "respondent" means aoy adult male person wbo is, or baa been, in a domestic relationship with the aggrieved person and against whom the aggrieved pcrson has sought any relief under this Act, Proy;ded that an 'agg<ieVed wife or femaIe Uving in a relaUooship m the nature of a marriage may also file a complamt against a relative of the husbaod or the male partner; (r) "service provider" means an entity registered under sub-section (1) of section 10; (s) "shared bousehold" means a household where the persoo aggtieved 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 jomtly by the aggrieved person and the responden~ or owned or tenanted by either of them m respect of which either the aggrieved person or the respondent or both jointly or singly havc aoy right, title, interest or eqnity and includes snCh a household which may belong to the jnint family of which the respondent is a member, irrespcctive of whether thc respondent or the aggrievcd person has aoy right, title or intcrest in the shared household; (t) "shelter home" means any shelter home as may be notified by the State Government to he a shelter home for the purposes of this Act.
" 011961
,or "74.
THE GAZETTE OF INDIA EXTRAORDINARY (^) (p n-
CHAPTER III
Pow", ANDOUT'"0' PROTECTIONOmc"" s,"v'a PROVID"',ETC.
I.r"m"'" 4. (I) Any persODwho h" r<oson to believe that an act of domestic violcnce has
'0 Pro""'oo been, or is being, or is likely to be committed, may give informal ion about it to thc
om", ,,' concerned Protection Officer.
,,",,'" of.
Ii,bili~ of (2) No liability, civil or criminal, shall be incurred by any p",on forgiving in good
"r"m.". faith of informalion for the purpose of sub-section (1).
Dor'" or 5. A police officer. Protection Officer, service provider or Magistrate wbo h"
poli" received a complaint of domeslic violence or is otherwise present at the place of an
off"",. incidcnt of domestic violence or wh,n the incident of domestic violence is reported to
;%",~:" .., him. shall inform the aggrieved person-
M.,i"B". (0) of her right to make an appliCalion for oblaining a relief by way of a
protection or~er, an order for monela'}' relief, a cu"ody order, a residence order.
a compensation order or more than one such order under this Act,
,; (b) of the availability of serv;.es ohervice providers, (e) of the availabilityofserv;.es of the Protection Officers; (d) of her right to free legal services under the Legal Serv;.es Authorities
Act,1987; J9 of 1987
(e) of her right to file a complaint under section 498A of the Indian Penal Code,whereverrelevant: " or"60.
Provided that nothin8 in this Act shall be con"rued in any manner" to relieve a police officer from his duty to prooeed in aecordance with iaw upon receipt ofinformation " 10 the commission of a cognizahle offence. "",.. of ,,,,- 6. If an aggrieved pcrson oron her behalfa ","oteetion Officer or a service provider '" .o~. reque"s the person in charge of a shelter home to provide shelter to her, such person in charge of the sheher home shall provide shelter to the aggrieved person in the shelter home. """"or"""- ...r..'Ii"".
- Iran aggrieved person or, on her behalfa Protection Off'ocer 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 p",on in the.medical facility...
- (1) The Slate Government shall, by notification, appoint such number of Protection Officers in each district" it may consider necessary and shall also notil}> the area or are" within which a Proteclion Officer shall exercise the powers and perform the duties conferred on him by or under rhis Act.
(2) The Protection Offic"" shall as far as possihle be women and shall possess such qualifications and experience as may be prescribed. (3) The terIDS and conditions of service of the Protection Officer and the other officers subordinate to him shall he such as may be prescribed.
- (I) hshall be the duty of the Protection Officer-
Appo,.tm'" or",""',, om,,"
""""" r,""o",of '"'re",, om,,". (0) to assi" the Magistrate in the discbai'ge of his functions under this Act; (b) to make a domestic incident report to the Magistrate, insu<h form and in such manner as may be prescribed, upon receiptofa complaintofdome"ic violence and forward copies thereof to the pol;ce officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been commiued and to the service providers in that area;
Soc.I] THE GAZETTE OF INDlA EXtRAORDINARY
(0) to make ao applic"lon In such fo'm and In ,",h mMn" as may be prescdhed to the Magistrate, If the aggdeved p"son so desires, claiming relief fo' IssuMce of a proteellon ord,,; (dJ to ensure th" lhe aggdeved person Is provided legal aid under the Legal Se",lces Authodlles Acl, 1987 Md make available f,ee ofcostlhe p,escllbed form in wbich a complaint is to be made;
(e) 10 mainWn a tistofall service provld"s providing legal aid 0' counselling, sbelter homes and medlcaltacillties In a local am within thejudsdlellon ofthe Maglst,ate; if) to make available a safe shelt" borne, Ifthe aggdeved p"son so requl,es Md fmw"d a copy of his report of having lodged the aggrieved pe"on in a shelt" home to the police stallon and the Magls...te having jurlsdlellon in the "ea wh"e the shelte, home Is situated;
(g) 10 getlhe agg,leved p"son medically examined, If she has sustained bodily injuries and forw"d a copy of the medical ,eportlo Ihe police "alion and Ih, Magisuale having judsdiction in Ihe "ea wh"e the domestic violence Is alleged 10 have been taken place;.
'of 1974
(h) 10 ensure thalthe ord" fur monetary "liefund"seclion 20 is complied with and executed, in accordance with the procedure p"scribed und" Ihe Code ofC,lminal Procedure, 1973; (f) to p"fonn such oth" dulles as may be p"'cllbed. (1) The Protecllon om", shall be und" the conuol Md supe",islon of the Magistr"e, and shall p"form the duties Imposed on him by Ihe Maglsl,ate Md the Gov"nment by, or und", IhisAct.
10fl956.
- (1) Suhjecllo such rules as may he malle in this hehalf, any volunwy ",soci"lon regist"ed und" the Societies Regis""lonAcI, 1860 Of a company registered und" the Companies Ael, 1956 0' any olh" law fo, Ihe time heing In fo,ce with the objective of protecting the eights BOd Interests ofwomen by any lawful means Including providing oflegal aid, medical, financial or olh" assistance shall "gister ilselfwith the Slate Government as a smlce provld" fur the pu'!'oses of this Act. (1) A smice p,ovid" "gistered und" sub-section (I) sball have the pow,,-- (a) record Ihe domestic incidenl report in Ihe prescllbed fnnn If the aggdeved pmon so desi", and fo,w"d a copy Ih"eofto the Magistrate and Ihe Protection om", havingjurisdlelion in Ihe ...ea wh"elhe domesllc violence look place;
""".. ""idm.
(b) get the ag",ieved pmon medically examined Md fo<wud a copy ofthe medleal report 1o the Protection omc" and the police station within the local limits of which Ihe domestic violence look place; (c) ensurelhal the aggrieved p"son Is p,ovlded shelt" in ashelte, borne, if she so "qui", Md fol'W"d ."port ofthelodging of the agg,leved p"son In the shelte, home 10 Ihe police stolion wllhln Ihe local limits of which the domestic violence took place.
(3) No suil, p,oseculion or olh" legal proceeding shall lie agalnsl any se",lce provid" ur any memb" ofthe se",ice provldcl who Is, ur who Is deemed to be, acllng °' pu,!,ortlng to ael und" this Ac~ fa, anything whleb is In good faith done 0' Intended 10 be done in tbe ex"else of pow,," °' discha'ge of fuoelions und" Ihis Ael towards lhe p"vention of the commission of domestic violence. II. The Central Gomnment and overy State Governmenl, shall take all measures DoH" of 10 ensure thal- Go"mm,".
Sa:.I] THE^ GAZETIE^ OF^ INDIA^ EXTRAORDINARY
1S. In any pmc"ding und" this Act. the Mag;,trate may secure the services of suoh p"son, pref"ably a woman, whether related to the aggrieved person or not, induding a person engaged in promoting family welfare as he thinks fi~ for the porpose of assisting him io di"harging his fun"ions.
- If the Magistrate considers that the circumstances of the case so wanan~ and if either party tn the proc"dings so deshes, he may conduct the proc"dings under this A" In onmera.
"'.j."." ,I. wolf", ". P"t.
"""""lop'"
b, ','d I.
17.(1) Notwithstanding anything cnntained in any other law for thetime being In -'" """
force, every woman in a domestic relationship shall have the right to reside in the ia a .bar'"
shared household, whether or not ahe has any right, title or beneficial interest in the .""""",.
same.
(2) The aggdeved person shall not be evicted or e.dnded f,.m the shared
hnusehnld or any part of it by the respondent save in accordance with the procedure
established by law.
U. The Magistrate may, after giving the aggrieved person and the respondent an '"~cU,,
oppormnityn'belng heard and nn belngp,;mafoele satisfied that domestic violence ..-..
has taken place or is likely to take place, pm a pmtection order in favour of the
aggrieved person and prohibit the respondent fmm-
(0) committing any act of domestic violence; (b) aiding or abettiog in the commisaion nfacts of domestic violence; (e) enteriog the place of employment of the agg,;eved person or, if the persoo aggrieved is a child, its "hool or aoy oth" place frequented by the aggrieved person; (d) attempting to communic... In any form, whauoever, with the aggrieved person, including pmonal, oral or writteo or electronic or telephonic contact; (e) alienating any assets, operating bank lockers or baok accounts used or held or enjoyed by both tbe parties, jointly by the aggrieved person and the respondent or singly by the responden~ including her slr/dha. or any other property beld eith" jointly by the parties or separately by Ibem wilbout Ibe leave oflbe Mag;,trate; If) causing violence to the dependants, other reiatives or any person who give the aggrieved person assistan" from domestic violence; (g) committing any olber a" as specified in Ibe protootion order. 19.(1) While disposing ofan application under sub.section (1) of section 12, Ibe , Magistrate may, on beiog satisfied that domestic violence h" .taken place, pass a ordoB. residence order- (a) restraining Ibe respondent from disposaessing or in any olber manner disturbing Ibe possesaion of Ibe aggrieved person from the shared household, whether or oat tbe respondent has a legal or equitable interest in Ibe shared household; (b) dire"ing the respnndent to remnve himselffrom Ibe shared household; (e) "'training Ibe respondent or any of his relatives from entering any portion of the shared housebold in which Ibe aggrieved person resides; (d) restraining the respondent from alienating or disposing nff the shared household or encumbering Ibe same;
THE GAZETTEOF INDIA EXTRAORDINARY [PAATII-
(,) "'t"lnlng th, "spnnd,nt frnm "nouncing his eights in th, sh",d hnusohnld .xcept with th, leav, ufthe Maglst",,; 0' (fJ dhecHng the "'pondent to socu" sam, I,ve! of altemate accommodation fo' the aggdmd peeson as enjoyed by hoc in the sh"ed hnusohold 0' to pay"nt fonhesame, Ifthe cI"umstances so "qui"; Pmvlded that no o,d" und" clause (b) shall be passed against any person whu Is a woman. (2) Th, Maglst"te may Imposo any addlHonal conditions oc pass any oth" dleecHon which he may deem "asonably necessary to p'o"ct 0' to pmv;de foc the safety ofthe aggdeved peeson 0' any child of such aggdeved person. (3) The Maglst"te may "qui" fmm the "spondent to execute a bond, with 0' without su"tI", foc p"venHng the commission of domestic vlnlen".. (4) An o,d" und" sub-secHon (3) shall be deemed to be an oed" und" Chapt" VIII of the Code ofCdmlna] Pmcedu", 1973 and shall be doalt with acco,dingly. (5) While passing an o,d" und"sub-soetlon (/). sub-soetlon (2) 0' sub-section (3), ~e couc! may also pass an o,d" dl",Hng the om", In ch"ge ofthe nea"st poHce stat,,", to give pmteetlon to the aggdoved p,rson 0' to assist hoc 0' the person making an appHcation on hoc behalfi. the Imp]emootatlon of the o,d". (6) While making an o,d" und" sub-mHou (/), the Magls"ate may Imposo on the "spondent obligations ,,]atlng tn the dlsch"ge of cent and oth" payments, having "g"d to the. financial needs and ",oU"" of the parties. (7) The Magl""'e may dl"et the om", In-ch"ge ofthe poHce station In whoso ju,isdletlnn the Maglst"te has been appmached to assist In the ImplementaHon ofthe pmteetlon odeL (8) The Maglst'ate may di"et the ,espondent to ,etum to the possession of the a.gdeved peesnn h" ",;dhon 0' any oth" pmperty oc valuable secudty to which she is enHlled to.
2 of 1974
Moo"",
,,",f, 20.^ (/)^ While^ dlspnslng^ nf^ an appHcaHon^ und"^ sub-soetlon^ (/)^ ofsoetion^ 12, the
Magls"ate may dleect the "spondent to pay monel"y "Hef tn meet the expenses Incu"ed and losses "ff"ed by the aggdeYOd person and any child of the aggdeved
peeson as a ",tilt ofthe domestic violence and such "Hefmay Include, but not Hmlted
to,-
(0) the loss ofe"nlngs; (b) the medica] expenses; (,) the loss causod due In the d,,"uetion, da<nage onemova] nhny pmperty fmm the "ntml nfthe aggdeved person; and (d) the maintenance for the aggrl,ved peeson as w,1I as h" chlld"n, Ihny, Including an ord" und" or In addition to an ord" of maintenance und" section 125 of the Code nfCdmlnal Procedu", 19730' any nth" law for Ih, lime being In force. (2) The monetary reHd g"nted und" this secHon shall b, adequate, fair and "asonable and consistent with the stand"d of Hvlng to which th, aggdoy,d p"son is accustom,d.
2 of 1974.
(3) Th, Magistrate shall have the pow" tL nrd" an appmp'I't' lump sum p'yment °' monthly p'ymoots nfmalntenance, as the nature and circumstances ofth, case may requl". (4) The Maglst"t' shall sond a copyofth, o,der fo, monetary "lid made under sub-soetlon (I) to the parti" to th, application and to the In ,h"g' of th, pnlice statlnn within the local limits nfwhnsojudsdletlon the r"pondent"sldes.
10 THE GAZElTE OF INDIA EXTRAORDINARY [PARTII-
"""";00 (^) 17. (I) The court of Judicial Magi"'"te of the .fi"t elm or the. Me"opoHtan Magist'"te, as the case may be, within the local limits ofwhich-
(a) the pmon aggrieved pennanenlly m tempmarily resides m ca"ies on business or is employed; or
(6) the ",poodenl "sides °, c",ies an business or is employed; .r
(c) the cause of action has a"seo,
shall be the competent court to grant a protection ord" and oth" ordm und" this Act and to try offences und" this Act.
(2) Any o,d" made und" this Act sball be enforceable thmugbout India.
Pn""d",. 18. (1) Save as oth"wise provided in IhisAct, all proceedings und" sections 11,
IS, 19,20, 11, 22 and 23 and offences undemction31 shall be.govemed by the provisions of the <;!de ofC"minal Procedu", 1973. 2 of 19"-
(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedura for disposal of an application und" section 12 or under sub-sectinn (2) of section 23.
Appul. 19. There shall lie an appeal to the Court of Session within thirty days fmm the
date on which the order made by the Magis"ate is served on the aggrieved pe"on or the respondent, as the ease may be, whichever is lal".
CHAPTER V
MISCELLANEOUS
30. The Pmtection Officm and membe" of service pmvide", while acting or
purporting to act in p...uance of any of the pmvisions of this Act or any rules or
orde" made the"und" shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code. "of 1860.
p,,',,';o, O"-""'Md m""""" of ",.", p'o.id..." ""poblie """IS. P""'yf" '",ebof ,""";0. "'"by ""..de"
- (1) A b.each of pmtection order, or of an inte"m protection order, hy the respondent shall bean offence und" this Act and shall be punishable with imprisomnent of either description for a tenn which may extend to one year, or with fine which may extend tn twenty thousend rupees, or with both.
(2) The offence under sub-section (1) shall as far as practicable be "ied by the Magis"ate who had passed the order, the b"ach of which has bee. alleged to have been caused by the accused.
(3) While framing charges und" sub-section (J), the Magis"'te may also frame charges und" section 498A of the Indian Penal Code m any oth" pmv"ion oftbat ".r '860. Code or the DoW'Y Prohibition Act, 1961, as the case may be, if the facts disclose the ".f t96.. commission of an offence under those provisions.
Cogo'"",
..d""f
- (J) NotwitilStanding anything contained in the Code of Criminal Procedu", 1973, the offence und" sub-section (J) of section 31 shall be cognizable and non- 2.r 1974. bailable.
(2) Upon the sale t"timony of the aggrieved pmon, the court maycooclude that an offence under sub-sectioo (1) of section 31 hils been committed by the accused.
Soc. I] THE^ GAZETTE^ OF^ INDIA^ EXTRAORDINARY^ II
33. If ooy Pmt"Hon Offi", fai!, onefuse, to di,ch"g' hi, duti,..s di«cted hy p",It, roo
th, Magistrato in th, plotocHon oldor without any sumcient cause, he shall he punish,d ,,' dt"h",-
with imp"sonment of eithor desclipHon fol a tolm which may "tend to on, ye", 01with ~~:,~;t:;
fine which may "tend to twenty thn"and rupees, 01 with hoth. om",.
34. No pmsecution m othor legal p!O",ding shall lie against the Pmt"Hon CO"".,,,
om", unless a co~plaint i.sfiled with the p«vious sancHon nfthe State Govemment ::':;~:~:d h,
m an officoranthonsed by It m th" hehalf. Pm""'"
om",.
- No suit, p!Osecution m othor legal ploceeding shall lie against the Plotection Offi", fol any damage caused 01 likely to he caused by ooything which is in good faith done 01 intend,d to he done undor thi, Act m any rule 01 oldor made tbmundor.
- The Plovisions of this Act shall be in addiHon to, ood not in de!OgaHon ofthe Plovisions ofany othor law, fol the Hme b,ing in foICe.
Pmt,,"" of """ tok" " goodf,'th. A",,", d,wg"'"or ",oth" taw
- (1) The Central Govemment may, by noHfication, make rules fm c",ying out Pow" or
thep!OvisionsofthisAct. Co"'"
(2) Jtpa""uI", and without p«judi" to the g,",,"lity of the fo«going pnwer, ~o::;:,w~;;,
such rules may p!Ovide for all or arty of the following matters, namely:-
(a) the qualifications ood exporience which a Pmt"tion Officel shan possess
undor suh-section (2) of section 8;
(h) th, telms and conditions of mv"e of the Plotection Offi"" and the other officelS suboldinate to him, undor sub-section (3) of secHnn 8;
(c) the fmm and manner in which a domest" incident «po" may be made undor clause (h) of sub-section (1) ofsecHon 9;
(d) the fmm and the moonor in which an applicaHon fm p!Otection mdor may he made to the Magisttate undor clause (c) of sub-section (1) ofsecHon 9; (e) the Imm in which a complaint is tn he filed undor clause (d) .of suh-secHon (1) of section 9; (fJ the othor duties to be perfmmed by the P!OtecHon Omcor undor clause (I) nf suh-secHon (1) of secHon 9; (g) th, rules «gulaHng «gistration of mvice plovidelS undet sub.section (1)of",HooIO; (h) the fmm in which an applicaHon undor sub-secHon (1) of s"tion 12 seeking «liefs under this Act may he made and the pa""ulalS which such applicalion shall contain undor sub.s,ction (3) of that section;
(I) th, meoos of sOlVing noHces undor suh-section (1) of section 13;
VI the folm ofdecl,,"tion ofsmi" ofnoti" to be made hy lbe PlotecHon
om", undor sub.section (2) ofsecHon 13;
(l) the qualifications and exporience in counselling which a membet of the
smi" p!Ovidor shall possess undorsub-secHon (1) of section 14;
(0 the folm in which an affidavit may be filed by the agglieved pelSon undor sub-secHon(2) of section 23;
(m) any nthel mattel which has to be, 01 may be, p"scrihed.
