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Act43
Enacted 2005

The Protection of Women from Domestic Violence Act, 2005

In force 37 sections Women and Child Development

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.

Act 43 of 2005 Enacted 13 Sep 2005 In force 26 Oct 2006

Administered by. Ministry of Women and Child Development · Other Acts of 2005

Preamble

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:--

What this Act covers

Summary of the Protection of Women from Domestic Violence Act, 2005

Key Provisions

1. Provisions for Relief

• Application to Magistrate: - Relief Types: Protection orders, monetary relief, custody orders, and compensation.

• Protection Orders: - Restrictions: On committing violence, entering workplaces/schools, or managing assets.

• Residence Orders: - Right to Residence: Protected in the shared household.

• Monetary Reliefs: - Compensation: For expenses, losses, and maintenance (lump sum or monthly).

• Custody Orders: - Temporary Custody: Of children, with specified visitation rights.

• Compensation Orders: - Additional Compensation: For injuries, including mental anguish.

2. Procedure and Enforcement

• Notice Service: Within 2 days of application.

• Mandatory Counselling: If directed by the Magistrate.

• In Camera Proceedings: At the discretion of the parties or Magistrate.

• Jurisdiction: Based on residence or where the cause of action arose.

• Appeal: To the Court of Session within 30 days.

3. Duties and Penalties

• Protection Officers, Police, & Service Providers:

• Penalty for Breach of Protection Order:

• Imprisonment: Up to 1 year.

• Fine: Up to ₹20,000, or both.

Sections

Type to filter. 37 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Definition of domestic violence
  4. 4Information to Protection Officer and exclusion of liability of informant
  5. 5Duties of police officers, service providers and Magistrate
  6. 6Duties of shelter homes
  7. 7Duties of medical facilities
  8. 8Appointment of Protection Officers
  9. 9Duties and functions of Protection Officers
  10. 10Service providers
  11. 11Duties of Government
  12. 12Application to Magistrate
  13. 13Service of notice
  14. 14Counselling
  15. 15Assistance of welfare expert
  16. 16Proceedings to be held in camera
  17. 17Right to reside in a shared household
  18. 18Protection orders
  19. 19Residence orders
  20. 20Monetary reliefs
  21. 21Custody orders
  22. 22Compensation orders
  23. 23Power to grant interim and ex parte orders
  24. 24Court to give copies of order free of cost
  25. 25Duration and alteration of orders
  26. 26Relief in other suits and legal proceedings
  27. 27Jurisdiction
  28. 28Procedure
  29. 29Appeal
  30. 30Protection Officers and members of service providers to be public servants
  31. 31Penalty for breach of protection order by respondent
  32. 32Cognizance and proof
  33. 33Penalty for not discharging duty by Protection Officer
  34. 34Cognizance of offence committed by Protection Officer
  35. 35Protection of action taken in good faith
  36. 36Act not in derogation of any other law
  37. 37Power of Central Government to make rules

Rules made under this Act

7 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Sub Divitional Magistrate as Protection Officers2019
  • The Governor is pleased to appoint the following NGO2015
  • Notification of Protection of Women from Domestic Violence Act, 2005 as Protection Officers for all districts of Tripura2014
  • Notification of The Governor appoint family Counseling Center under various NGOs2011
  • Governor declare Short Stay Homes as Shelter Homes for w2010
  • Notification dated 17 Oct 20062006
  • The Protection of Women from Domestic Violence Rules, 20062006

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 37 sections of this Act has its own page. This page is not a substitute for legal advice.