THE DOWRY PROHIBITION ACT, 1961
(No. 28 of 1961) [20th May, 1961] An Act to prohibit the giving or taking of
dowry BE it enacted by Parliament in the Twelfth year of the Republic of India
as follows:- Short title, extent and commencement- (1) This Act may be called
the Dowry Prohibition Act, 1961. (2) It extends to the whole of India except theState of Jammu and Kashmir. (3) It shall come into force on such date as theCentral Government may, by notification in the Official Gazette, appoint.
Definition of “dowry” In this Act, “dowry” means any property or valuable
security given or agreed to be given either directly or indirectly- • by one party
to a marriage to the other party to the marriage; or • by the parents of either
party to a marriage or by any other person, to either party to the marriage orto any other person, at or before [or any time after the marriage] [inconnection with the marriage of the said parties but does not include] dower
or mehar in the case of persons to whom the Muslim Personal Law (Shariat)
applies. Explanation II- The expression “valuable security” has the same
meaning as in section 30 of the Indian Penal Code (45 of 1860). Penalty forgiving or taking dowry- [(1) If any person, after the commencement of this Act,gives or takes or abets the giving or taking of dowry, he shall be punishable[ with imprisonment for a term which shall not be less than [ five years, andwith fine which shall not be less than fifteen thousand rupees or the amount of
the value of such dowry, whichever is more]. Provided that the Court may, foradequate and special reasons to be recorded in the judgement, impose a
sentence of imprisonment for a term of less than [five years]. [(2) Nothing in
sub-section (1) shall apply to, or in relation to, – • Presents which are given at
the time of a marriage to the bride (without any demand having been made inthat behalf). • Provided that such presents are entered in a list maintained inaccordance with the rules made under this Act; presents which are given at thetime of a marriage to the bridegroom (without any demand having been madein the behalf). • Provided that such presents are entered in a list maintained inaccordance with the rules made under this Act. • Provided further that wheresuch presents are made by or on behalf of the bride or any person related tothe bride, such presents are of a customary nature and the value thereof is notexcessive having regard to the financial status of the person by whom, or on
whose behalf, such presents is given]. [4.Penalty for demanding dowry- If any
person demands, directly or indirectly, from the parents or other relatives orguardian of a bride or bridegroom, as the case may be, any dowry, he shall bepunishable with imprisonment for a term which shall not be less than six
months, but which may extend to two years and with fine which may extend to
ten thousand rupees. Provided that the Court may, for adequate and special
reasons to be mentioned in the judgement impose a sentence of imprisonment

for a term of less than six months]. [4A. Ban on advertisement- If any person,– • offers, through any advertisement in any newspaper, periodical, journal or
through any other media, any share in his property or of any money or both asa share in any business or other interest as consideration for the marriage of
his son or daughter or any other relative; • prints or publishes or circulates any
advertisement referred to in clause (a), he shall be punishable withimprisonment for a term which shall not be less than six months, but which
may extend to five years, or with fine which may extend to fifteen thousand
rupees. Provided that the Court may, for adequate and special reasons to berecorded in the judgement impose a sentence of imprisonment for a team ofless than six months.] Agreement for giving or taking dowry to be void Any
agreement for the giving or taking of dowry shall be void. Dowry to be for the
benefit of the wife or her heirs (1) where any dowry is received by any person
other than the woman in connection with whose marriage it is given, that
person shall transfer it to the woman – • if the dowry was received before
marriage, within 1[three months] after the date of marriage; or • if the dowry
was received at the time of or after the marriage, within 1[three months] after
the date of its receipt; or • if the dowry was received when the woman was aminor, within 1[three months] after she has attained the age of eighteen years;
and pending such transfer, shall hold it in trust for the benefit of the woman.
[(2) If any person fails to transfer any property as required by sub-section (1)within the time limit specified there for [or as required by sub-section (3),] heshall be punishable with imprisonment for a term which shall not be less thansix months, but which may extend to ten thousand rupees] or with both.] (3)Where the woman entitled to any property under sub-section (1) dies before
receiving it, the heirs of the woman shall be entitled to claim it from theperson holding it for the time being. [Provided that where such woman dies
within seven years of her marriage, otherwise than due to natural causes, suchproperty shall,- • if she has no children, be transferred to her parents, or • if
she has children, be transferred to such children and pending such transfer, beheld in trust for such children.] [ (3A) Where a person convicted under subsection (2) for failure to transfer any property as required by sub-section (1) 3[
or sub-section (3)] has not, before his conviction under that sub-section,transferred such property to the woman entitled thereto or, as the case may
be, [ her heirs, parents or children] the court shall, in addition to awarding
punishment under that sub-section, direct, by order in writing, that such
person shall transfer the property to such woman or, as the case may be,
6[ her heirs, parents or children] within such period as may be specified in theorder, and if such person fails to comply with the direction within the period
so specified, an amount equal to the value of the property may be recoveredfrom him as if it were a fine imposed by such Court and paid to such woman

or, as the case may be, 1 [her heirs, parents or children]. (4) Nothing
contained in this section shall affect the provisions of section 3 or section 4.
7.Cognizance of offences (1) Notwithstanding anything contained in the Codeof Criminal Procedure, 1973 (2 of 1974)- • no court inferior to that of a
Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any
offence under this Act; • no court shall take cognizance of an offence under
this Act except upon- • its own knowledge or a police report of the facts whichconstitute such offence; or • a complaint by the person aggrieved by theoffence or a parent or other relative of such person, or by any recognizedwelfare institution or organization; • it shall be lawful for a Metropolitan
Magistrate or a Judicial Magistrate of the first class to pass any sentenceauthorized by this Act on any person convicted of any offence under this Act.
Explanation For the purposes of this sub-section “recognized welfare
institution or organization” means a social welfare institution or organization
recognized in this behalf by the Central or State Government. (2) Nothing in
Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974), shallapply to any offence punishable under this Act,] (3) Notwithstanding anything
contained in any law for the time being in force a statement made by the
person aggrieved by the offence shall not subject such person to a prosecution
under this Act.] 8. Offences to be cognizable for certain purposes and to bebailable and noncompoundable (1) The Code of Criminal Procedure, 1973 (2 of1974) shall apply to offences under this Act as if they were cognizable offences• for the purposes of investigation of such offences; and • for the purposes ofmatters other than- • matters referred to in section 42 of that Code; and • thearrest of a person without a warrant or without an order of a Magistrate. (2)Every offence under this Act shall be non-bailable and non-compoundable.
8A. Burden of proof in certain cases Where any person is prosecuted fortaking or abetting the taking of any dowry under section 3, or the demandingof dowry under section 4, the burden of proving that he had not committed an
offence under those sections shall be on him. 8B. Dowry Prohibition Officers
The State Government may appoint as many Dowry Prohibition Officers as it
thinks fit and specify the areas in respect of which they shall exercise theirjurisdiction and powers under this Act. (3) Every Dowry Prohibition Officer
shall exercise and perform the following powers and functions, namely:- • tosee that the provisions of this Act are compiled with; • to prevent, as far as
possible, the taking or abetting the taking of, or the demanding of, dowry; • tocollect such evidence as may be necessary for the prosecution of persons
committing offences under this Act; and • to perform such additional
functions as may be assigned to him by the State Government, or as may be
specified in the rules made under this Act. (4) The State Government may, by
notification in the Official Gazette, confer such powers of a police officer asmay be specified in the notification on the Dowry Prohibition Officer who shall
exercise such powers subject to such limitations and conditions as may be
specified by rules made under this Act. (5) The State Government may, for the
purpose of advising and assisting the Dowry Prohibition Officers in theefficient performance of their functions under this Act, appoint an advisoryboard consisting of not more than five social welfare workers (out of whom atleast two shall be women) from the area in respect of which such Dowry
Prohibition Officer exercise jurisdiction under sub-section. 9. Power to makerules • The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act. • In particular, andwithout prejudice to the generality of the foregoing power, such rules may
provide for- • the form and manner in which, and the persons by whom, any
list of presents referred to in sub-section (2) of section 3 shall be maintained
and all other matters connected therewith; and • the better co-ordination ofpolicy and action with respect to the administration of this Act. Every rule
made under this section 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 2[ in two or more successive
sessions, and if, before the expiry of the session immediately following thesession 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 ofno 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. 10. Power of the State Government to make rules • The
State Government may, by notification in the Official Gazette, make rules forcarrying out the purposes of this Act. • In particular, and without prejudice tothe generality of the foregoing power, such rules may provide for all or any of
the following matters, namely:- • the additional functions to be performed by
the Dowry Prohibition Officers under sub-section (2) of section 8B; •Limitations and conditions subject to which a Dowry Prohibition Officer may
exercise his functions under sub-section (3) of section 8B. • Every rule madeby the State Government under this section shall be laid as soon as may beafter it is made before the State Legislature. The Dowry Prohibition(Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985
G.S.R.664(E)-In exercise of the powers conferred by section 9 of the Dowry
Prohibition Act, 1961 (28 of 1961), the Central Government hereby make thefollowing rules, namely:- Short title and commencement • These rules may becalled the Dowry Prohibition (Maintenance of lists of Presents to the Brideand Bridegroom) Rules, 1985. • They shall come into force on the 2nd day ofOctober, 1985 being the date appointed for the coming into force of the DowryProhibition (Amendment) Act, 1984 (63 of 1984). Rules in accordance withwhich lists of presents are to be maintained- • The list of presents which are
given at the time of the marriage to the bride shall be maintained by the bride.
• The list of presents which are given at the time of the marriage to thebridegroom shall be maintained by the bridegroom. • Every list of presents
referred to in sub-rule (1) or sub-rule (2)- (a) shall be prepared at the time of
the marriage or as soon as possible after the marriage; (b) shall be in writing;(c) shall contain- (d) a brief description of each present; (e) the approximate
value of the present; (f) the name of the person who has given the present; and(g) where the person giving the present is related to the bride or bridegroom, adescription of such relationship; (h) shall be signed by both the bride and thebridegroom. Explanation I Where the bride is unable to sign, she may affix her
thumb-impression in lieu of her signature after having the list read out to her
and obtaining the signature, on the list, of the person who has so read out theparticulars contained in the list. Explanation II Where the bridegroom is
unable to sign he may affix his thumb-impression in lieu of his signature after
having the list read out to him and obtaining the signature, on the list, of theperson who has so read out the particulars contained in the list. The bride or
the bridegroom may, if she or he so desires, obtain on either or both of thelists referred to in sub-rule (1) or sub-rule (2) the signature or signatures of
any relations of the bride or the bridegroom or of any other person present at
the time of the marriage.
The Immoral Traffic (Prevention) Act, 1956
Introduction Bill No. 58 of 1954 With a view to implement International
Convention signed at New York on the 9th May, 1950, ” THE SUPPRESSION
OF IMMORAL TRAFFIC IN WOMAN AND GIRLS BILL, 1950″ wasintroduced in the Lok Sabha on the 20th December, 1954, by the thenMinister K.N. Katju. STATEMENT OF OBJECTS AND REASONS2: (1) In
1950 the Government of India ratified an International Convention for the
Suppression of Immoral Traffic in Persons and the Exploitation of theProstitution of others. Under Article 23 of the Convention, traffic in humanbeings is prohibited and any contravention of the prohibition is an offence
punishable by law. Under Article 35 such a law has to be passed by Parliament
as soon as may be after the commencement of the Constitution. (2) Legislationon the subject of suppression of immoral traffic does exist in a few States but
the laws are neither uniform nor do they go far enough. In the remaining
States there is no bar on the subject at all. (3) In the circumstances it isnecessary and desirable that a Central law should be passed which will not
only secure uniformity but also would be sufficiently deterrent for the
purpose. But a special feature of the Bill is that it provides that no person orauthority other than the State Government shall establish or maintain any
protective home except under a license issued by the State Government. This
will check the establishment of homes which are really dens for prostitution.”
REPORT OF SELECT COMMITTEE: The Select Committee submitted “THE
SUPPRESSION OF IMMORAL TRAFFIC IN WOMEN AND GIRLS BILL, 1956
(58A of 1956) along with its Report dated 20/11/1956 to the Lok Sabha on the
21st November, 1956. PRINCIPAL ACT The Suppression of Immoral Traffic in
Women and Girls Bill, 1954 as amended by the Select Committee vide its Bill
No.58 of 1956 and as passed by Parliament received the assent of the
President and soon thereafter became an Act of Parliament under the Short
title and Number “THE SUPPRESSION OF IMMORAL TRAFFIC IN WOMENAND GIRLS ACT, 1956 (104 of 1956)” on the 31st December, 1956. Sections 2
to 25 of the Act came into force in the whole of India on the Ist May, 1958, vide
the Central Government’s Notification No.GSR 269 dated 14/4/1958. The Act
was extended,- • to the Union Territory of Dadra and Nagar Haveli by Section
2/Sch. I of the Dadra Nagar Haveli (Laws) Regulation, 1963 (6 of 1963);
Section 1 (Chapter 1) PRELIMINARY THE PROTECTION OF WOMEN FROMDOMESTIC VIOLENCE ACT, 2005NO. 43 OF 2005[13th September, 2005.]
An Act to provide for more effective protection of the rights of womenguaranteed under the Constitution who are victims of violence of any kindoccurring within the family and for matters connected therewith or incidental
thereto. BE it enacted by Parliament in the Fifty-sixth Year of the Republic ofIndia as follows:- Section 2 (Chapter 2) Short title, extent and commencement.
1. Short title, extent and commencement.-(1) This Act may be called theProtection of Women from Domestic Violence Act, 2005. (2) It extends to thewhole of India except the State of Jammu and Kashmir.(3) It shall come into
force on such date as the Central Government may, by notification in the
Official Gazette, appoint. Section 5 (Chapter 5) Definition of domestic
violence. 3. Definition of domestic violence.- For the purposes of this Act, anyact, omission or commission or conduct of the respondent shall constitutedomestic 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 orother property or valuable security; or (c) has the effect of threatening the
aggrieved person or any person related to her by any conduct mentioned inclause (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 anature 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 speciallywith regard to not having a child or a male child; and (b) repeated threats tocause 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 orcustom whether payable under an order of a court or otherwise or which theaggrieved 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; (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 ofthe 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 tocontinued access to resources or facilities which the aggrieved person isentitled to use or enjoy by virtue of the domestic relationship including accessto 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 andcircumstances of the case shall be taken into consideration. Section 7 (Chapter7) Information to Protection Officer and exclusion of liability of informant. 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 purposeof sub-section (1). Section 8 (Chapter 8) Duties of police officers, service
providers and Magistrate. 5. Duties of police officers, service providers andMagistrate 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 rightto 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 ofservices 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 torelieve a police officer from his duty to proceed in accordance with law uponreceipt of information as to the commission of a cognizable offence. Section 9(Chapter 9) Duties of shelter homes. 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. Section 10 (Chapter 10) Duties of medical facilities. 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 toprovide 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.
Section 11 (Chapter 11) Appointment of Protection Officers. 8. Appointment ofProtection Officers.- (1) The State Government shall, by notification, appointsuch 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 byor under this Act. (2) The Protection Officers shall as far as possible be womenand shall possess such qualifications and experience as may be prescribed. (3)The terms and conditions of service of the Protection Officer and the otherofficers subordinate to him shall be such as may be prescribed. Section 12(Chapter 12) Duties and functions of Protection Officers. 9. Duties andfunctions 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 thisAct; (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 ofdomestic violence and forward copies thereof to the police officer in charge ofthe 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 beprescribed to the Magistrate, if the aggrieved person so desires, claiming relief
for issuance of a protection order; (d) to ensure that the aggrieved person isprovided 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counseling, shelter homes and medical facilities in a local area within thejurisdiction of the Magistrate; (f) to make available a safe shelter home, if theaggrieved 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 theMagistrate having jurisdiction in the area where the domestic violence isalleged 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 theprocedure 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 shallperform the duties imposed on him by the Magistrate and the Government by,or under, this Act.. Section 13 (Chapter 13) Service providers. 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 (21of 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 therights 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 sodesires 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 report 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 areport 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 tobe, acting or purporting to act under this Act, for anything which is in goodfaith done or intended to be done in the exercise of powers or discharge offunctions under this Act towards the prevention of the commission ofdomestic violence. Section 14 (Chapter 14) Duties of Government. 11. Duties ofGovernment.- The Central Government and every State Government, shalltake 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, homeaffairs including law and order, health and human resources to address issuesof domestic violence is established and periodical review of the same isconducted; (d) protocols for the various Ministries concerned with the deliveryof services to women under this Act including the courts are prepared and put
in place. Section 16 (Chapter 16) Application to Magistrate. 12. Application to
Magistrate.- (1) An aggrieved person or a Protection Officer or any otherperson on behalf of the aggrieved person may present an application to theMagistrate 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 theProtection Officer or the service provider. (2) The relief sought for under subsection (1) may include a relief for issuance of an order for payment ofcompensation or damages without prejudice to the right of such person to
institute a suit for compensation or damages for the injuries caused by the actsof domestic violence committed by the respondent: Provided that where adecree 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 inpursuance 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 of1908), or any other law for the time being in force, be executable for thebalance amount, if any, left after such set off. (3) Every application under subsection (1) shall be in such form and contain such particulars as may beprescribed or as nearly as possible thereto. (4) The Magistrate shall fix the firstdate of hearing, which shall not ordinarily be beyond three days from the dateof receipt of the application by the court. (5) The Magistrate shall endeavour
to dispose of every application made under subsection (1) within a period of
sixty days from the date of its first hearing. Section 17 (Chapter 17) Service ofnotice. 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 shallget 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 Magistratefrom the date of its receipt. (2) A declaration of service of notice made by theProtection Officer in such form as may be prescribed shall be the proof thatsuch notice was served upon the respondent and on any other person asdirected by the Magistrate unless the contrary is proved. Section 18 (Chapter18) Counselling 14. Counselling.- (1) The Magistrate may, at any stage of theproceedings 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 subsection (1), he shall fix the next date of hearing of the case within a period notexceeding two months. Section 19 (Chapter 19) Assistance of welfare expert.
15. Assistance of welfare expert In any proceeding under this Act, theMagistrate may secure the services of such person, preferably a woman,whether related to the aggrieved person or not, including a person engaged inpromoting family welfare as he thinks fit, for the purpose of assisting him indischarging his functions. Section 20 (Chapter 20) Proceedings to be held incamera. 16. Proceedings to be held in camera If the Magistrate considers thatthe 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. Section
21 (Chapter 21) Right to reside in a shared household. 17. Right to reside in ashared household.- (1) Notwithstanding anything contained in any other law
for the time being in force, every woman in a domestic relationship shall havethe 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 beevicted or excluded from the shared household or any part of it by the
respondent save in accordance with the procedure established by law. Section
22 (Chapter 22) Protecion orders. 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 takenplace or is likely to take place, pass a protection order in favour of theaggrieved person and prohibit the respondent from- (a) committing any act ofdomestic 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 bankaccounts 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 themwithout the leave of the Magistrate; (f) causing violence to the dependants,
other relatives or any person who give the aggrieved person assistance fromdomestic violence; (g) committing any other act as specified in the protection
order. Section 23 (Chapter 23) Residence orders. 19. Residence orders.- (1)While disposing of an application under sub-section (1) of section 12, theMagistrate may, on being satisfied that domestic violence has taken place,pass a residence order – (a) restraining the respondent from dispossessing orin any other manner disturbing the possession of the aggrieved person fromthe shared household, whether or not the respondent has a legal or equitableinterest 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 theaggrieved 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 samelevel of alternate accommodation for the aggrieved person as enjoyed by her inthe shared household or to pay rent for the same, if the circumstances sorequire: Provided that no order under clause (b) shall be passed against any
person who is a woman. (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 therespondent to execute a bond, with or without sureties, for preventing thecommission of domestic violence. (4) An order under sub-section (3) shall bedeemed 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 anorder 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 theimplementation 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. Section 24(Chapter 24) Monetary reliefs. 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 aresult 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 theaggrieved 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 ofmaintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of1974) or any other law for the time being in force. (2) The monetary relief
granted under this section shall be adequate, fair and reasonable andconsistent 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 andcircumstances of the case may require. (4) The Magistrate shall send a copy ofthe order for monetary relief made under subsection (1) to the parties to theapplication and to the in charge of the police station within the local limits ofwhose jurisdiction the respondent resides. (5) The respondent shall pay themonetary 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), theMagistrate 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, whichamount may be adjusted towards the monetary relief payable by the
respondent. Section 25 (Chapter 25) Custody orders. 21. Custody orders
Notwithstanding anything contained in any other law for the time being inforce, the Magistrate may, at any stage of hearing of the application forprotection order or for any other relief under this Act grant temporary custodyof any child or children to the aggrieved person or the person making anapplication on her behalf and specify, if necessary, the arrangements for visitof such child or children by the respondent: Provided that if the Magistrate isof the opinion that any visit of the respondent may be harmful to the interestsof the child or children, the Magistrate shall refuse to allow such visit. Section
26 (Chapter 26) Compensation orders. 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. Section 27 (Chapter 27) Power to grant interim
and exparte orders. 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 theaggrieved person under section 18, section 19, section 20, section 21 or, as thecase may be, section 22 against the respondent.. Section 28 (Chapter 28)
Court to give copies of order free of cost. 24. Court to give copies of order freeof 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 theparties 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. Section 29 (Chapter 29) Duration and alteration of orders. 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 theMagistrate, 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, hemay, for reasons to be recorded in writing pass such order, as he may deem
appropriate. Section 30 (Chapter 30) Relief in other suits and legal
proceedings. 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 initiatedbefore or after the commencement of this Act. (2) Any relief referred to in subsection (1) may be sought for in addition to and along with any other relief thatthe 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 bebound to inform the Magistrate of the grant of such relief. Section 31 (Chapter31) Jurisdiction. 27. Jurisdiction.- (1) The court of Judicial Magistrate of thefirst 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 thecompetent 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. Section 32 (Chapter 32) Procedure. 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 begoverned by the provisions of the Code of Criminal Procedure, 1973 (2 of1974). (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. Section 33 (Chapter 33) Appeal. 29. Appeal
There shall lie an appeal to the Court of Session within thirty days from thedate 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. Section 35(Chapter 35) Protection Officers and members of service providers to be
public servants. 30. Protection Officers and members of service providers tobe public servants The Protection Officers and members of service providers,
while acting or purporting to act in pursuance of any of the provisions of thisAct 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). Section 36 (Chapter 36) Penalty for breach of protection order by
respondent. 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 withimprisonment 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 theMagistrate who had passed the order, the breach of which has been alleged tohave 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 thecommission of an offence under those provisions. Section 37 (Chapter 37)
Cognizance and proof. 32. Cognizance and proof.- (1) Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), theoffence under sub-section (1) of section 31 shall be cognizable and nonbailable.
(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 theaccused. Section 38 (Chapter 38) Penalty for not discharging duty byProtection Officer. 33. Penalty for not discharging duty by Protection Officer If
any Protection Officer fails or refuses to discharge his duties as directed by theMagistrate in the protection order without any sufficient cause, he shall bepunished 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. Section 39 (Chapter 39) Cognizance of offence committed byProtection Officer. 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. Section 40 (Chapter40) Protection of action taken in good faith. 35. Protection of action taken ingood faith No suit, prosecution or other legal proceeding shall lie against theProtection Officer for any damage caused or likely to be caused by anythingwhich is in good faith done or intended to be done under this Act or any ruleor order made thereunder. Section 41 (Chapter 41) Act not in derogation of
any other law. 36. Act not in derogation of any other law The provisions of thisAct shall be in addition to, and not in derogation of the provisions of any otherlaw, for the time being in force. Section 42 (Chapter 42) Power of Central
Government to make rules. 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 thegenerality of the foregoing power, such rules may provide for all or any of thefollowing matters, namely:- (a) the qualifications and experience which a
Protection Officer shall possess under subsection (2) of section 8; (b) theterms and conditions of service of the Protection Officers and the otherofficers 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; (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 subsection (1) ofsection 9; (g) the rules regulating registration of service providers under subsection (1) of section 10; (h) the form in which an application under subsection (1) of section 12 seeking reliefs under this Act may be made and theparticulars 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 andexperience in counselling which a member of the service provider shallpossess 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 madeunder this Act shall be laid, as soon as may be after it is made, before eachHouse 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 ofno 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.—- SD/- BRAHM AVTAR AGRAWAL,Addl. Secretary to
the Govt. of India.
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
ACT, 2005
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 for mattersconnected therewith or incidental thereto. BE it enacted by Parliament in the
Fifty-sixth Year of the Republic of India as follows:- Section 2 (Chapter 2)
Short title, extent and commencement. 1. Short title, extent andcommencement.-(1) This Act may be called the Protection of Women from
Domestic Violence Act, 2005. (2) It extends to the whole of India except theState of Jammu and Kashmir.(3) It shall come into force on such date as theCentral Government may, by notification in the Official Gazette, appoint.
Section 5 (Chapter 5) Definition of domestic violence. 3. Definition ofdomestic violence.- For the purposes of this Act, any act, omission orcommission or conduct of the respondent shall constitute domestic violence incase it – (a) harms or injures or endangers the health, safety, life, limb or wellbeing, whether mental or physical, of the aggrieved person or tends to do so
and includes causing physical abuse, sexual abuse, verbal and emotional abuseand economic abuse; or (b) harasses, harms, injures or endangers theaggrieved 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 theaggrieved person. Explanation I For the purposes of this section,- (i) “physicalabuse” 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 ordevelopment of the aggrieved person and includes assault, criminal
intimidation and criminal force; (ii) “sexual abuse” includes any conduct of asexual 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 physicalpain 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 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 theshared household and maintenance; (b) disposal of household effects, anyalienation 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 thedomestic 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. Section 7 (Chapter 7) Information to Protection Officer andexclusion of liability of informant. 4. Information to Protection Officer andexclusion of liability of informant.- (1) Any person who has reason to believethat an act of domestic violence has been, or is being, or is likely to becommitted, may give information about it to the concerned Protection Officer.
(2) No liability, civil or criminal, shall be incurred by any person for giving ingood faith of information for the purpose of sub-section (1). Section 8(Chapter 8) Duties of police officers, service providers and Magistrate. 5.
Duties of police officers, service providers and Magistrate A police officer,
Protection Officer, service provider or Magistrate who has received acomplaint of domestic violence or is otherwise present at the place of anincident of domestic violence or when the incident of domestic violence isreported to him, shall inform the aggrieved person-(a) of her right to make anapplication for obtaining a relief by way of a protection order, an order formonetary relief, a custody order, a residence order, a compensation order ormore than one such order under this Act;(b) of the availability of services ofservice 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 inthis 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 thecommission of a cognizable offence. Section 9 (Chapter 9) Duties of shelter
homes. 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 ashelter 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.

Section 10 (Chapter 10) Duties of medical facilities. 7. Duties of medical
facilities If an aggrieved person or, on her behalf a Protection Officer or aservice 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 shallprovide medical aid to the aggrieved person in the medical facility. Section 11(Chapter 11) Appointment of Protection Officers. 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 andshall 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 thisAct. (2) The Protection Officers shall as far as possible be women and shallpossess 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. Section 12 (Chapter 12)
Duties and functions of Protection Officers. 9. Duties and functions ofProtection Officers.- (1) It shall be the duty of the Protection Officer- (a) toassist the Magistrate in the discharge of his functions under this Act; (b) tomake a domestic incident report to the Magistrate, in such form and in suchmanner 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 isalleged to have been committed and to the service providers in that area; (c) tomake 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 issuanceof 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 makeavailable 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 counseling,
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 theaggrieved 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 theMagistrate having jurisdiction in the area where the domestic violence isalleged 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 theprocedure 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.. Section 13 (Chapter 13) Service providers. 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 (21of 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 therights 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 sodesires 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 report 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 areport 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 tobe, acting or purporting to act under this Act, for anything which is in goodfaith done or intended to be done in the exercise of powers or discharge offunctions under this Act towards the prevention of the commission ofdomestic violence. Section 14 (Chapter 14) Duties of Government. 11. Duties ofGovernment.- The Central Government and every State Government, shalltake 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, homeaffairs including law and order, health and human resources to address issuesof domestic violence is established and periodical review of the same isconducted; (d) protocols for the various Ministries concerned with the deliveryof services to women under this Act including the courts are prepared and put
in place. Section 16 (Chapter 16) Application to Magistrate. 12. Application to
Magistrate.- (1) An aggrieved person or a Protection Officer or any otherperson on behalf of the aggrieved person may present an application to theMagistrate 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 theProtection Officer or the service provider. (2) The relief sought for under subsection (1) may include a relief for issuance of an order for payment ofcompensation or damages without prejudice to the right of such person to
institute a suit for compensation or damages for the injuries caused by the actsof domestic violence committed by the respondent: Provided that where adecree 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 inpursuance 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 of1908), or any other law for the time being in force, be executable for thebalance amount, if any, left after such set off. (3) Every application under subsection (1) shall be in such form and contain such particulars as may beprescribed or as nearly as possible thereto. (4) The Magistrate shall fix the firstdate of hearing, which shall not ordinarily be beyond three days from the dateof receipt of the application by the court. (5) The Magistrate shall endeavour
to dispose of every application made under subsection (1) within a period of
sixty days from the date of its first hearing. Section 17 (Chapter 17) Service ofnotice. 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 shallget 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 Magistratefrom the date of its receipt. (2) A declaration of service of notice made by theProtection Officer in such form as may be prescribed shall be the proof thatsuch notice was served upon the respondent and on any other person as
directed by the Magistrate unless the contrary is proved. Section 18 (Chapter18) Counselling 14. Counselling.- (1) The Magistrate may, at any stage of theproceedings 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 subsection (1), he shall fix the next date of hearing of the case within a period notexceeding two months. Section 19 (Chapter 19) Assistance of welfare expert.
15. Assistance of welfare expert In any proceeding under this Act, theMagistrate may secure the services of such person, preferably a woman,whether related to the aggrieved person or not, including a person engaged inpromoting family welfare as he thinks fit, for the purpose of assisting him indischarging his functions. Section 20 (Chapter 20) Proceedings to be held incamera. 16. Proceedings to be held in camera If the Magistrate considers thatthe 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. Section
21 (Chapter 21) Right to reside in a shared household. 17. Right to reside in ashared household.- (1) Notwithstanding anything contained in any other law
for the time being in force, every woman in a domestic relationship shall havethe 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 beevicted or excluded from the shared household or any part of it by the
respondent save in accordance with the procedure established by law. Section
22 (Chapter 22) Protecion orders. 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 takenplace or is likely to take place, pass a protection order in favour of theaggrieved person and prohibit the respondent from- (a) committing any act ofdomestic 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 bankaccounts 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 themwithout the leave of the Magistrate; (f) causing violence to the dependants,
other relatives or any person who give the aggrieved person assistance fromdomestic violence; (g) committing any other act as specified in the protection
order. Section 23 (Chapter 23) Residence orders. 19. Residence orders.- (1)While disposing of an application under sub-section (1) of section 12, theMagistrate may, on being satisfied that domestic violence has taken place,pass a residence order – (a) restraining the respondent from dispossessing orin any other manner disturbing the possession of the aggrieved person fromthe shared household, whether or not the respondent has a legal or equitableinterest 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 theaggrieved 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 samelevel 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 sorequire: Provided that no order under clause (b) shall be passed against any
person who is a woman. (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 therespondent to execute a bond, with or without sureties, for preventing thecommission of domestic violence. (4) An order under sub-section (3) shall bedeemed 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 anorder 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 theimplementation 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. Section 24(Chapter 24) Monetary reliefs. 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 aresult 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 tothe destruction, damage or removal of any property from the control of theaggrieved 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 ofmaintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of1974) or any other law for the time being in force. (2) The monetary relief
granted under this section shall be adequate, fair and reasonable andconsistent 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 andcircumstances of the case may require. (4) The Magistrate shall send a copy ofthe order for monetary relief made under subsection (1) to the parties to theapplication and to the in charge of the police station within the local limits ofwhose 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), theMagistrate 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, whichamount may be adjusted towards the monetary relief payable by the
respondent. Section 25 (Chapter 25) Custody orders. 21. Custody orders
Notwithstanding anything contained in any other law for the time being inforce, the Magistrate may, at any stage of hearing of the application forprotection order or for any other relief under this Act grant temporary custodyof any child or children to the aggrieved person or the person making anapplication on her behalf and specify, if necessary, the arrangements for visitof such child or children by the respondent: Provided that if the Magistrate isof the opinion that any visit of the respondent may be harmful to the interestsof the child or children, the Magistrate shall refuse to allow such visit. Section
26 (Chapter 26) Compensation orders. 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. Section 27 (Chapter 27) Power to grant interim
and exparte orders. 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 parteorder on the basis of the affidavit in such form, as may be prescribed, of theaggrieved person under section 18, section 19, section 20, section 21 or, as thecase may be, section 22 against the respondent.. Section 28 (Chapter 28)
Court to give copies of order free of cost. 24. Court to give copies of order freeof 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 theparties 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. Section 29 (Chapter 29) Duration and alteration of orders. 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, hemay, for reasons to be recorded in writing pass such order, as he may deem
appropriate. Section 30 (Chapter 30) Relief in other suits and legal
proceedings. 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 initiatedbefore or after the commencement of this Act. (2) Any relief referred to in subsection (1) may be sought for in addition to and along with any other relief thatthe 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 bebound to inform the Magistrate of the grant of such relief. Section 31 (Chapter31) Jurisdiction. 27. Jurisdiction.- (1) The court of Judicial Magistrate of thefirst 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 thecompetent 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. Section 32 (Chapter 32) Procedure. 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 begoverned by the provisions of the Code of Criminal Procedure, 1973 (2 of1974). (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 undersub-section (2) of section 23. Section 33 (Chapter 33) Appeal. 29. Appeal
There shall lie an appeal to the Court of Session within thirty days from thedate 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. Section 35(Chapter 35) Protection Officers and members of service providers to be
public servants. 30. Protection Officers and members of service providers tobe public servants The Protection Officers and members of service providers,
while acting or purporting to act in pursuance of any of the provisions of thisAct 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). Section 36 (Chapter 36) Penalty for breach of protection order by
respondent. 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 withimprisonment 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 theMagistrate who had passed the order, the breach of which has been alleged tohave 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 thecommission of an offence under those provisions. Section 37 (Chapter 37)
Cognizance and proof. 32. Cognizance and proof.- (1) Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), theoffence under sub-section (1) of section 31 shall be cognizable and nonbailable.
(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 theaccused. Section 38 (Chapter 38) Penalty for not discharging duty byProtection Officer. 33. Penalty for not discharging duty by Protection Officer If
any Protection Officer fails or refuses to discharge his duties as directed by theMagistrate in the protection order without any sufficient cause, he shall bepunished 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. Section 39 (Chapter 39) Cognizance of offence committed byProtection Officer. 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. Section 40 (Chapter40) Protection of action taken in good faith. 35. Protection of action taken ingood faith No suit, prosecution or other legal proceeding shall lie against theProtection Officer for any damage caused or likely to be caused by anythingwhich is in good faith done or intended to be done under this Act or any ruleor order made thereunder. Section 41 (Chapter 41) Act not in derogation of
any other law. 36. Act not in derogation of any other law The provisions of thisAct shall be in addition to, and not in derogation of the provisions of any otherlaw, for the time being in force. Section 42 (Chapter 42) Power of Central
Government to make rules. 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 thegenerality of the foregoing power, such rules may provide for all or any of thefollowing matters, namely:- (a) the qualifications and experience which a
Protection Officer shall possess under subsection (2) of section 8; (b) theterms 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; (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 subsection (1) ofsection 9; (g) the rules regulating registration of service providers under subsection (1) of section 10; (h) the form in which an application under subsection (1) of section 12 seeking reliefs under this Act may be made and theparticulars 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 andexperience in counselling which a member of the service provider shallpossess 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 madeunder this Act shall be laid, as soon as may be after it is made, before eachHouse 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 ofno 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.—- SD/- BRAHM AVTAR AGRAWAL,Addl. Secretary to
the Govt. of India.