The Protection of Women from Domestic Violence Act, 2005
[No. 43 of 2005]
[September 13, 2005]
| Contents | |
| Sections | Particulars |
| Chapter I | Preliminary |
| 1 | Short title, extent and commencement |
| 2 | Definitions |
| Chapter II | Domestic Violence |
| 3 | Definition of 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 to Magistrate |
| 13 | Service of notice |
| 14 | Counseling |
| 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 exparte orders |
| 24 | Court to give copies of order free of cost |
| 25 | Duration and alteration of orders |
| 26 | Relief in other suits and legal proceedings |
| 27 | Jurisdiction |
| 28 | Procedure |
| 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 Officer |
| 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 |
Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-
Prefatory Note-Statement of Objects and Reasons.-Domestic violence is undoubtedly a human right issue and serious deterrent to development. The Vienna Accord of 1994 and the Beijing Declaration and the Platform for Action (1995) have acknowledged this. The United Nations Committee on Convention on Elimination of All Forms of Discrimination against Women (CEDAW) in its General Recommendation No. XII (1989) has recommended that State parties should act to protect women against violence of any kind especially that occurring within the family.