Last Updated: Thursday December 11, 2008
The Protection of Women
from Domestic Violence Act, 2005 (Indian)
Act 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:---
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.
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.
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.
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.
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 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.
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
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.
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).
MISCELLANEOUS
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.
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