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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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