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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.



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