Dear friends,
You must have seen today's episode of SATYAMEV JAYATE which was focused on women suffering domestic violence. You are now aware that there is a law in India called 'Protection of Women from Domestic Violence Act 2005' which is to help women who undergo some sort of violence at the hands of relatives. For the benefit of readers, I am giving here the complete Text of this Act :
THE
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
[Act,
No. 43 of 2005]
PREAMBLE
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:-
Section 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.1
1. Enforcement date for the Act as per the notification
No: S.O. 1776(E) issued by the Ministry of Women and Child
Development is 26.10.2006.
Section 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;
(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 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.
Section 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.
Section 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).
Section 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;
(e) of her right to file a
complaint under section 498A of the Indian Penal Code, 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.
Section 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 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.
Section 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,
Section 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.
Section 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 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.
Section 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) pro ols for the various
Ministries concerned with the delivery of services to women under this Act
including the courts are prepared and put in place.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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 is 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 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.
Section 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.
Section 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 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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(45 of 1860) of
the Indian Penal Code.
Section 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(45 of 1860) of the Indian Penal Code 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.
Section 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.
Section 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.
Section 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 35 - Protection of action taken in
good faith
No suit, prosecution or
other legal proceeding shall He 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.
Section 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.
Section 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.
Sunil Goel advocate
B.Sc. L.Lb L.Lm
