PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT
2005
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 matters connected
therewith or incidental thereto. BE it enacted by Parliament in the
Fifty-sixth Year of the Republic of India as follows:- CHAPTER I
PRELIMINARY CHAPTER I PRELIMINARY
1. Short title, extent and commencement.-(1) This Act may be
called the Protection of Women from Domestic Violence Act, 2005.
(2) It extends to the whole 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.
2. Definitions.-In this Act, unless the context otherwise
requires,- (a) "aggrieved person" means any woman who is,
or has been, in a domestic relationship with the respondent and who
alleges to have been subjected to any act of domestic violence by the
respondent; (b) "child" means any person below the age of
eighteen years and includes any adopted, step or foster child; (c)
"compensation order" means an order granted in terms of
section 22; (d) "custody order" means an order granted in
terms of section 21; (e) "domestic incident report" means a
report made in the prescribed form on receipt of a complaint of
domestic violence from an aggrieved person; (f) "domestic
relationship" means a relationship between two persons who live
or have, at any point of time, lived together in a shared household,
when they are related by consanguinity, marriage, or through a
relationship in the nature of marriage, adoption or are family
members living together as a joint family; (g) "domestic
violence" has the same meaning as assigned to it in section 3;
(h) "dowry" shall have the same meaning as assigned to it
in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961); (i)
"Magistrate" means the Judicial Magistrate of the first
class, or as the case may be, the Metropolitan Magistrate, exercising
jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974)
in the area where the aggrieved person resides temporarily or
otherwise or the respondent resides or the domestic violence is
alleged to have taken place; (j) "medical facility" means
such facility as may be notified by the State Government to be a
medical facility for the purposes of this Act; (k) "monetary
relief" means the compensation which the Magistrate may order
the respondent to pay to the aggrieved person, at any stage during
the hearing of an application seeking any relief under this Act, to
meet the expenses incurred and the losses suffered by the aggrieved
person as a result of the domestic violence; (l) "notification"
means a notification published in the Official Gazette and the
expression "notified" shall be construed accordingly; (m)
"prescribed" means prescribed by rules made under this Act;
(n) "Protection Officer" means an officer appointed by
the State Government under sub-section (1) of section 8; (o)
"protection order" means an order made in terms of section
18;
(p) "residence order" means an order granted in terms of
sub-section (1) of section 19; (q) "respondent" means any
adult male person who is, or has been, in a domestic relationship
with the aggrieved person and against whom the aggrieved person has
sought any relief under this Act: Provided that an aggrieved wife or
female living in a relationship in the nature of a marriage may also
file a complaint against a relative of the husband or the male
partner;
(r) "service provider" means an entity registered under
sub-section (1) of section 10; (s) "shared household" means
a household where the person aggrieved lives or at any stage has
lived in a domestic relationship either singly or along with the
respondent and includes such a household whether owned or tenanted
either jointly by the aggrieved person and the respondent, or owned
or tenanted by either of them in respect of which either the
aggrieved person or the respondent or both jointly or singly have any
right, title, interest or equity and includes such a household which
may belong to the joint family of which the respondent is a member,
irrespective of whether the respondent or the aggrieved person has
any right, title or interest in the shared household; (t) "shelter
home" means any shelter home as may be notified by the State
Government to be a shelter home for the purposes of this Act. CHAPTER
II DOMESTIC VIOLENCE CHAPTER II DOMESTIC VIOLENCE
3. Definition of domestic violence.-For the purposes of this Act,
any act, omission or commission or conduct of the respondent shall
constitute domestic 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 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 the aggrieved
person. Explanation I.-For the purposes of this section,- (i)
"physical abuse" 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 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
specially with regard to not having a child or a male child; and (b)
repeated threats to cause 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 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 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 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 the domestic 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.
CHAPTER III POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE
PROVIDERS, ETC. CHAPTER III POWERS AND DUTIES OF PROTECTION OFFICERS,
SERVICE PROVIDERS, ETC.
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 purpose of
sub-section (1).
5. Duties of police officers, service providers and Magistrate.-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 right to 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 of services 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 to
relieve a police officer from his duty to proceed in accordance with
law upon receipt of information as to the commission of a cognizable
offence.
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.
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 to provide 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.
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 and shall 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 this Act.
(2) The Protection Officers shall as far as possible be women and
shall possess 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.
9. Duties and functions 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 this Act; (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 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 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 be prescribed to the Magistrate, if the
aggrieved person so desires, claiming relief for issuance of 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 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 counselling, 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 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 the Magistrate having
jurisdiction in the area where the domestic violence is alleged 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 the procedure 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.
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 (21 of 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 the rights 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 so desires 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 a report 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 to be, acting or purporting to act under
this Act, for anything which is in good faith done or intended to be
done in the exercise of powers or discharge of functions under this
Act towards the prevention of the commission of domestic violence.
11. Duties of Government.-The Central Government and every State
Government, shall take 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, home affairs including law and order, health and human
resources to address issues of domestic violence is established and
periodical review of the same is conducted; (d) protocols for the
various Ministries concerned with the delivery of services to women
under this Act including the courts are prepared and put in place.
CHAPTER IV PROCEDURE FOR OBTAINING ORDERS OF RELIEFS CHAPTER IV
PROCEDURE FOR OBTAINING ORDERS OF RELIEFS
12. Application to Magistrate.-(1) An aggrieved person or a
Protection Officer or any other person on behalf of the aggrieved
person may present an application to the Magistrate 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 the Protection Officer
or the service provider.
(2) The relief sought for under sub-section (1) may include a
relief for issuance of an order for payment of compensation or
damages without prejudice to the right of such person to institute a
suit for compensation or damages for the injuries caused by the acts
of domestic violence committed by the respondent: Provided that where
a decree 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 in pursuance 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 of 1908), or any other law for
the time being in force, be executable for the balance amount, if
any, left after such set off.
(3) Every application under sub-section (1) shall be in such form
and contain such particulars as may be prescribed or as nearly as
possible thereto.
(4) The Magistrate shall fix the first date of hearing, which
shall not ordinarily be beyond three days from the date of receipt of
the application by the court.
(5) The Magistrate shall endeavour to dispose of every application
made under sub-section (1) within a period of sixty days from the
date of its first hearing.
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 shall get 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 Magistrate from the date of
its receipt.
(2) A declaration of service of notice made by the Protection
Officer in such form as may be prescribed shall be the proof that
such notice was served upon the respondent and on any other person as
directed by the Magistrate unless the contrary is proved.
14. Counselling.-(1) The Magistrate may, at any stage of the
proceedings 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
sub-section (1), he shall fix the next date of hearing of the case
within a period not exceeding two months.
15. Assistance of welfare expert.-In any proceeding under this
Act, the Magistrate may secure the services of such person,
preferably a woman, whether related to the aggrieved person or not,
including a person engaged in promoting family welfare as he thinks
fit, for the purpose of assisting him in discharging his functions.
16. Proceedings to be held in camera.-If the Magistrate considers
that the 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.
17. Right to reside in a shared household.-(1) Notwithstanding
anything contained in any other law for the time being in force,
every woman in a domestic relationship shall have the 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 be evicted or excluded from the
shared household or any part of it by the respondent save in
accordance with the procedure established by law.
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 taken place
or is likely to take place, pass a protection order in favour of the
aggrieved person and prohibit the respondent from- (a) committing any
act of domestic 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 bank accounts 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 them without the leave of the
Magistrate; (f) causing violence to the dependants, other relatives
or any person who give the aggrieved person assistance from domestic
violence; (g) committing any other act as specified in the protection
order.
19. Residence orders.-(1) While disposing of an application under
sub-section (1) of section 12, the Magistrate may, on being satisfied
that domestic violence has taken place, pass a residence order - (a)
restraining the respondent from dispossessing or in any other manner
disturbing the possession of the aggrieved person from the shared
household, whether or not the respondent has a legal or equitable
interest 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 the aggrieved 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 same level 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 so require: 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 the respondent to execute a
bond, with or without sureties, for preventing the commission of
domestic violence.
(4) An order under sub-section (3) shall be deemed 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 an order 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 the implementation 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.
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 a result 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 the aggrieved 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
of maintenance under section 125 of the Code of Criminal Procedure,
1973 (2 of 1974) or any other law for the time being in force.
(2) The monetary relief granted under this section shall be
adequate, fair and reasonable and consistent 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
and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary
relief made under sub-section (1) to the parties to the application
and to the in charge of the police station within the local limits of
whose 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), the Magistrate 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, which amount may be adjusted towards the monetary relief
payable by the respondent.
21. Custody orders.-Notwithstanding anything contained in any
other law for the time being in force, the Magistrate may, at any
stage of hearing of the application for protection order or for any
other relief under this Act grant temporary custody of any child or
children to the aggrieved person or the person making an application
on her behalf and specify, if necessary, the arrangements for visit
of such child or children by the respondent: Provided that if the
Magistrate is of the opinion that any visit of the respondent may be
harmful to the interests of the child or children, the Magistrate
shall refuse to allow such visit.
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.
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 the aggrieved person under section 18, section 19,
section 20, section 21 or, as the case may be, section 22 against the
respondent.
24. Court to give copies of order free of 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 the
parties 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.
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, he may, for reasons to
be recorded in writing pass such order, as he may deem appropriate.
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 initiated before or after the
commencement of this Act.
(2) Any relief referred to in sub-section (1) may be sought for in
addition to and along with any other relief that the 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
be bound to inform the Magistrate of the grant of such relief.
27. Jurisdiction.-(1) The court of Judicial Magistrate of the
first 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 the
competent 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.
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 be governed by the provisions of the Code of
Criminal Procedure, 1973 (2 of 1974).
(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.
29. Appeal.-There shall lie an appeal to the Court of Session
within thirty days from the date 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. CHAPTER V MISCELLANEOUS CHAPTER
V MISCELLANEOUS
30. Protection Officers and members of service providers to be
public servants.-The Protection Officers and members of service
providers, while acting or purporting to act in pursuance of any of
the provisions of this Act 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).
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
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.
(2) The offence under sub-section (1) shall as far as practicable
be tried by the Magistrate who had passed the order, the breach of
which has been alleged to have 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 the commission of an offence under those provisions.
32. Cognizance and proof.-(1) Notwithstanding anything contained
in the Code of Criminal Procedure, 1973 (2 of 1974), the offence
under sub-section (1) of section 31 shall be cognizable and
non-bailable.
(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 the accused.
33. Penalty for not discharging duty by Protection Officer.-If any
Protection Officer fails or refuses to discharge his duties as
directed by the Magistrate in the protection order without any
sufficient cause, he shall be punished 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.
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.
35. Protection of action taken in good faith.-No suit, prosecution
or other legal proceeding shall lie against the Protection Officer
for any damage caused or likely to be caused by anything which is in
good faith done or intended to be done under this Act or any rule or
order made thereunder.
36. Act not in derogation of any other law.-The provisions of this
Act shall be in addition to, and not in derogation of the provisions
of any other law, for the time being in force.
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 the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
(a) the qualifications and experience which a Protection Officer
shall possess under sub-section (2) of section 8;
(b) the terms 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 sub-section (1) of section 9;
(g) the rules regulating registration of service providers under
sub-section (1) of section 10;
(h) the form in which an application under sub-section (1) of
section 12 seeking reliefs under this Act may be made and the
particulars 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 and experience in counselling which a
member of the service provider shall possess 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 made under this Act 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 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 of no 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. ---- BRAHM
AVTAR AGRAWAL, Addl. Secretary to the Govt. of India. {}
