The Protection of Women from Domestic Violence Act, 2005 Download PDF

Author : Yogricha

Updated On : February 1, 2024

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Overview: The Domestic Violence Act is one of the most important subject for judiciary examination. It is asked in DJS, RJS, MPCJ and other Judiciary Examinations. If you are in law school, a judiciary aspirant or a practicing advocate, you must make sure that you red the entire act through and through.

In this Blog you will find:

  • List of important sections
  • Notes on Domestic violence act for Judiciary
  • Important case laws
  • Mains questions for practice

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List of important sections of The Domestic Violence Act, 2005

Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 17 
Section 18
Section 19
Section 20
Section 21
Section 28
Section 31

What is the Meaning of Domestic Violence?

Domestic violence can be defined as any conduct that causes harm, injury, or poses a threat to the physical or mental health, safety, life, limb, or overall well-being of the aggrieved person. It encompasses various forms of abuse, including physical, sexual, verbal, emotional, and economic abuse.

The law recognizes domestic violence as a violation of human rights and upholds a woman's right to live in a home free from violence. To safeguard this right, the law grants women the right to residence and protection orders.

Types of Domestic Violence as per the Act: The Act outlines several forms of domestic violence, including:

  1. Physical Abuse: This involves any actions or behavior that inflicts bodily pain, harm, or jeopardizes life, limb, health, or the development of the aggrieved person. It encompasses acts such as assault, criminal intimidation, and the use of criminal force.
  2. Sexual Abuse: Sexual abuse comprises conduct of a sexual nature that degrades, humiliates, or violates a woman's dignity.
  3. Verbal and Emotional Abuse: Verbal and emotional abuse encompass various behaviors, including insults, ridicule, humiliation, name-calling, and derogatory remarks, particularly regarding issues like childbearing. It also includes repeated threats to cause physical harm to someone the aggrieved person cares about.
  4. Economic Abuse: Economic abuse involves activities such as neglecting financial support for the woman or her children, withholding necessities like food, clothing, and medicine, depriving her of economic resources, forcing her out of the house, restricting her access to or use of any part of the house, or obstructing her employment opportunities.

The Act aims to address and prevent these forms of domestic violence to ensure the well-being and safety of individuals in domestic settings.

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Key Aspects of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) Recognizing the need for legal assistance and various forms of support for women, the PWDVA introduces several significant features, including the appointment of Protection Officers and the role of Service Providers in delivering services such as medical care, shelter, legal aid, counseling, and more.

Definition of a Protection Officer:

A Protection Officer is an individual responsible for aiding women in accessing these services and helping them obtain the appropriate orders as per the Act. Protection Officers can be either government officials or social workers specializing in women and child welfare, possessing a postgraduate degree in Humanities or Law.

Each Judicial Magistrate's jurisdiction appoints one or more Protection Officers to fulfill these crucial roles.

Importance of the Act

This legislation primarily offers temporary and immediate assistance in response to the specific needs of women. It involves elements that overlap between civil and criminal law, and if the protection order or Magistrate's order is violated, criminal law enforcement comes into play.

Shelter homes and medical facilities are legally obligated to provide refuge and healthcare to the aggrieved person. The Act does not introduce any alterations to the existing personal laws governing family matters.

The reliefs provided by this Act are supplementary to existing laws and aim to empower women during emergency situations. Even after seeking relief under this law, a woman retains the option to seek additional relief through other legal avenues.

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The Act incorporates provisions for creating Domestic Incident Reports, which serve as crucial records during the evidence-gathering stage. It outlines the process for applying for orders under the Act. Lastly, the Act deems the violation of an obtained order as a criminal offense.

Government's Responsibilities

Both the Central Government and each State Government are tasked with ensuring that:

The provisions of this Act receive widespread visibility through public media channels, including television, radio, and print media, on a regular basis. Government officials, including police officers and judicial service members at both Central and State levels, receive regular training and awareness programs regarding the matters addressed by this Act.

Effective coordination is established between relevant Ministries and Departments, which handle matters related to law, home affairs (including law and order), health, and human resources, to address domestic violence issues. Periodic reviews of this coordination are also conducted.

Protocols are devised and implemented for the various Ministries involved in delivering services to women under this Act, including the courts.

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The Domestic Violence Act of 2005- Details

The Domestic Violence Act of 2005 was established to enhance the safeguarding of women's rights as guaranteed by the Constitution. It specifically addresses instances of violence within the family and related matters.

According to the DV Act's definition, domestic violence encompasses actions that result in harm, injury, or endangerment to the safety, life, health, or well-being of an aggrieved woman.

This includes acts of physical, sexual, verbal, or economic abuse. Additionally, it covers any harm inflicted on the aggrieved woman or her relative with the intention of coercing them to meet unlawful dowry demands.

The Domestic Violence Act of 2005 provides a comprehensive definition of "Domestic Violence" in Section 3, encompassing threats of violence as well.

This legal framework applies to all women, regardless of their marital status, age, or religious affiliation. In India, domestic violence is regulated by the Protection of Women from Domestic Violence Act, 2005, as outlined in Section 3.

Dowry is considered a significant contributing factor to the mistreatment and cruelty faced by brides in their marital homes. Presently, when a woman experiences cruelty at the hands of her husband or his relatives, it is deemed an offense under Section 498-A of the Indian Penal Code.

This act offers civil remedies to uphold women's rights, including the right to a safe home, maintenance, guardianship, security, and relief.

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The Protection of Women from Domestic Violence Act of 2005 acknowledges domestic violence as a violation of human rights and categorizes it into four significant types:

  1. Physical Abuse: This category encompasses any form of harm inflicted upon the victim. It includes acts that cause bodily pain, harm, or pose a danger to life, limb, health, or overall well-being. Physical abuse covers a wide range of actions, from assault to criminal intimidation and the use of criminal force.

  2. Sexual Abuse: Sexual abuse within the context of domestic violence involves any conduct of a sexual nature that abuses, humiliates, degrades, or otherwise violates the dignity of a woman. It includes any behavior that coerces or forces the victim into unwanted sexual acts or creates a hostile sexual environment.

  3. Verbal or Emotional Abuse: Verbal and emotional abuse can be just as damaging as physical violence. This form of abuse includes various behaviors such as making false accusations or aspersions on the character or conduct of the victim. It also covers instances of repeated threats to cause physical harm to any person in whom the aggrieved person is interested, causing emotional distress and psychological harm.

  4. Economic Abuse: Economic abuse involves actions that exert control over a woman's financial resources and well-being. It includes instances where the abuser does not provide money for the maintenance of the woman or her children, denies access to essential financial resources, or forces the woman out of her home. Economic abuse also encompasses actions that obstruct or prevent the victim from pursuing employment or accessing financial support.

These categories of domestic violence under the Act aim to provide a comprehensive framework for identifying and addressing various forms of abuse that women may face within their households.

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Key Features of the Domestic Violence Act 2005

The Domestic Violence Act of 2005 incorporates civil and criminal provisions, offering prompt civil remedies to aggrieved women within a 60-day timeframe. Its salient features include:

  1. Expedited Judgments: The Act ensures swift judicial proceedings, with judgments delivered within 60 days from the date of case filing, facilitating quick relief for the aggrieved party.
  2. Recognition of Women's Assistance: The legislation acknowledges that women may require assistance with legal procedures and various forms of support, emphasizing their empowerment and access to justice.
  3. Appointment of Protection Officers: The Act permits the appointment of Protection Officers, responsible for aiding women in accessing the appropriate legal remedies outlined in the Act. It also recognizes the vital role of Service Providers in offering medical, shelter, legal, counseling, and other support services.
  4. Acknowledgment of Verbal and Emotional Violence: The Act recognizes the detrimental impact of verbal and emotional abuse, extending protection to victims of such forms of violence.
  5. Economic Relief: Economic violence is acknowledged as a form of abuse under the Act, allowing victims to seek redress for economic harm and deprivation.
  6. Appeal for Both Parties: Both the petitioner and respondent have the option to prefer an appeal, ensuring a balanced and fair approach to dispute resolution.
  7. Domestic Incident Reports: The Act includes provisions for the preparation and utilization of Domestic Incident Reports, serving as vital records during evidence collection and legal proceedings.
  8. Temporary Custody of the Child: The legislation addresses child custody matters, providing for temporary custody arrangements to safeguard the interests and well-being of the child.
  9. Multiple Judgments in a Single Case: The Act allows for the issuance of multiple judgments within a single case, ensuring that various aspects of the dispute are effectively addressed.
  10. Right to Residence: Section 17 of the Act safeguards the right to residence, ensuring that the aggrieved woman is not unlawfully deprived of her home.

These features collectively aim to provide comprehensive protection and support to women facing domestic violence, with a focus on expedited relief and access to justice.

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Roles of Protection Officers and Service Providers

Protection Officers, appointed by the government, play a crucial role in assisting women who have experienced domestic violence.

They facilitate the process of filing complaints against the perpetrators, including husbands or other male adults involved in domestic violence or romantic relationships with the complainant.

Protection Officers collaborate with law enforcement, when necessary, to execute court orders and ensure the safety and protection of the affected individuals.

On the other hand, Service Providers are members of recognized non-governmental organizations (NGOs).

Their primary responsibility is to coordinate efforts among various stakeholders to ensure that victims of domestic violence receive the necessary support and access to justice. Service Providers offer short-stay lodging facilities and assist victims in filing Domestic Incident Reports.

Moreover, they provide vocational training to empower survivors in securing employment and achieving financial stability.

Provisions of the Domestic Violence Act 2005: Government's Role

Both the Central Government and State Governments are mandated to take specific measures to promote and enforce the provisions of the Domestic Violence Act 2005. These measures include:

  1. Public Awareness: Ensuring that the provisions of the Act are widely publicized through various forms of media, including television, radio, and print media, at regular intervals.
  2. Sensitization and Training: Providing periodic sensitization and awareness training to government officials, including police officers and members of the judicial services, to address the issues covered by the Protection of Women from Domestic Violence Act 2005.
  3. Coordination: Establishing effective coordination mechanisms between relevant ministries and departments dealing with legal matters, home affairs (including law enforcement and order maintenance), healthcare, and human resources to address domestic violence issues. Regular reviews of these efforts are also mandated.
  4. Protocols: Developing and implementing protocols within various ministries concerned with providing services to women under the Domestic Violence Act 2005, including the judicial system.

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Access to Shelter and Medical Aid

Under the Act, an aggrieved woman or a representative, such as a Protection Officer or Service Provider, can request shelter or medical assistance from the person in charge of a shelter home or a medical facility.

Remedies Provided by the Protection of Women from Domestic Violence Act 2005

The Act offers the following remedies to address domestic violence:

  1. Protection Order (Section 18)
  2. Residence Order for Staying at the Matrimonial House (Section 19)
  3. Monetary Orders, including maintenance for the woman and her children (Section 20)
  4. Temporary Custody of Children (Section 21)
  5. Compensation Order for Damages (Section 22)

Way Forward for the Domestic Violence Act

While the Protection of Women from Domestic Violence Act 2005 has taken significant steps to protect women from domestic violence, it lacks provisions for addressing domestic violence involving male family members and does not recognize cohabiting or marital relationships within the LGBTQ+ community.

To make the Act more comprehensive and inclusive, the government should consider revisiting and strengthening it to address these important aspects of domestic violence.

The patriarchal structure has been deeply ingrained in Indian society for centuries, and it is often believed that this system laid the foundation for the mistreatment of women. Domestic violence is a pervasive issue that affects women from all walks of life, irrespective of their age, religion, caste, or socioeconomic status.

This form of violence is not limited to harming individuals and their children; it also has far-reaching implications for society as a whole. While the root causes of domestic violence are complex, some of the reasons behind it can be traced back to the rigid stereotyping of gender roles and the unequal distribution of power.

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The definition of violence has evolved over time, encompassing not only physical forms of abuse but also emotional, mental, financial, and other cruel acts. Consequently, domestic violence now includes any action that harms or endangers the physical or mental health, safety, life, limb, or well-being of the victim, or has the potential to do so.

This definition encompasses physical abuse, sexual abuse, verbal abuse, emotional abuse, and economic abuse, all committed by any person who is or was in a domestic relationship with the victim.

Prior to the enactment of the Protection of Women from Domestic Violence Act, 2005 (DV Act), victims could only seek recourse under Section 498-A of the Indian Penal Code, 1860, which specifically dealt with cruelty against married women. Other forms of domestic violence within households were addressed under various sections of the IPC, without regard to the gender of the victim.

The DV Act was enacted to streamline the legal framework surrounding domestic violence, both procedurally and substantively, with the primary aim of protecting women from such violence.

The legislative intent behind the DV Act was reaffirmed by the Supreme Court of India in the case of Indra Sarma v. V.K.V Sarma, (2013) 15 SCC 755. The Court emphasized that the DV Act provides a civil law remedy to protect women from domestic violence and prevent such incidents within society.

Other legislations, such as the Criminal Procedure Code (CrPC) and the Indian Penal Code (IPC), provide relief to women in vulnerable situations and were also discussed in this context.

The DV Act's objective is to provide more effective protection of women's rights guaranteed under the Constitution, especially in cases of violence occurring within the family.

It aligns with Recommendation No. 12 of the United Nations Committee on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), ratified by India in June 1993. The Act aims to protect women from violence in the domestic sphere, irrespective of their proprietary rights within the shared household.

Key definitions under the DV Act play a crucial role in its implementation:

  1. Aggrieved Person: As defined in Section 2(a) of the DV Act, an "aggrieved person" refers to any woman who is or has been in a domestic relationship with the respondent and alleges to have experienced domestic violence. This definition encompasses women who have been in any form of domestic relationship with the respondent.

  2. Domestic Relationship: Section 2(f) of the DV Act defines "domestic relationship" as a relationship between two persons living in a shared household. It includes relationships through marriage, blood, adoption, live-in relationships, and even victims of legally invalid marriages. The definition is exhaustive and covers women of all ages, regardless of their marital status.

  3. Shared Household: Section 2(s) of the DV Act defines a "shared household" as a place where the aggrieved person or woman lives in a domestic relationship, either alone or with the respondent. This includes rented accommodations, jointly owned residences, or situations where both parties have rights or interests in the house. The Act safeguards a woman's right to reside in a shared household, preventing her eviction without due legal process.

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The DV Act also provides an extensive definition of "domestic violence," which goes beyond physical abuse to include emotional, mental, sexual, and economic abuse. It covers acts that harm, endanger, coerce, threaten, or otherwise injure the physical or mental well-being of the aggrieved person or any person related to her.

The Act recognizes the nuanced nature of domestic violence, addressing a wide range of abusive behaviors within households.

In conclusion, the Protection of Women from Domestic Violence Act, 2005, is a crucial legislative framework aimed at safeguarding women's rights and protecting them from domestic violence.

It provides a comprehensive understanding of domestic violence, ensuring that women can seek legal recourse and protection, regardless of their relationship status. The Act's key definitions play a pivotal role in its implementation, ensuring that women are not deprived of their right to reside in a shared household and are protected from various forms of abuse within domestic settings.

Who Is Eligible for Assistance and Relief Under the Domestic Violence Act?

The Domestic Violence Act extends its protective provisions to various categories of individuals who may find themselves victims of domestic violence. According to the provisions of this Act, any aggrieved woman who is in a domestic relationship with the respondent and alleges to have been subjected to an act of domestic violence by the respondent can seek assistance and relief. This includes:

  1. Any woman who has been or is currently in a domestic relationship with the respondent.
  2. Any adult male perpetrator who commits an act of domestic violence against a woman.
  3. Any male or female relatives of the husband or male partner (for example, in a live-in relationship) who have perpetrated violence against the woman.

It's important to note that the Supreme Court, in the case of Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165, removed the requirement that the respondent be an adult male. The Court held that this requirement was not based on any intelligible differentia with a rational nexus to the Act's objectives. As a result, remedies under the DV Act are available not only against adult males but also against females and non-adults.

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Protection Officer's Role:

Under Section 8 of the DV Act, the Protection Officer is appointed by the State Government in accordance with the law's provisions. The Protection Officer serves as a facilitator between the aggrieved woman and the court, offering crucial assistance in various ways. Their duties include:

  1. Assisting the Magistrate in executing their functions under the DV Act.
  2. Compiling and submitting a domestic incident report to the Magistrate, which includes a complaint of domestic violence. Copies of this report are sent to the relevant police station and service providers in the area.
  3. Preparing and submitting an application to the Magistrate, as prescribed, if the aggrieved person wishes to seek relief through the issuance of a protection order.
  4. Ensuring that the aggrieved person is provided with legal aid under the Legal Services Authorities Act, 1987, and making available the necessary complaint forms free of charge.
  5. Maintaining a list of service providers offering legal aid, counseling, shelter homes, and medical facilities within the Magistrate's jurisdiction.
  6. Providing access to safe shelter homes, if requested by the aggrieved person, and forwarding a copy of the placement report to the police station and the relevant Magistrate.

Additionally, the Protection Officer arranges for the medical examination of the aggrieved person if she has sustained bodily injuries and submits a copy of the medical report to the police station and the Magistrate with jurisdiction over the alleged incident. They also ensure the enforcement and execution of orders for monetary relief as per the procedure outlined in the Code of Criminal Procedure, 1973.

Role of Service Providers:

Victims of domestic violence may require various support services, including shelter homes, medical aid, child care, legal assistance, and community services. According to Section 10(1) of the DV Act, service providers are NGOs, companies, or voluntary organizations registered under the state's laws and actively engaged in addressing domestic violence issues. Service providers are responsible for offering assistance and support to women facing domestic violence. An aggrieved woman can approach a registered service provider to file a complaint under the DV Act. One of the primary duties of a service provider, as outlined in Section 6 of the DV Act, is to provide shelter to the aggrieved person in a shelter home upon request.

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Filing a Complaint of Domestic Violence:

An aggrieved woman seeking to file a complaint of domestic violence has several options:

  1. Approach a local police station and register the complaint.
  2. File a complaint with a Protection Officer or a service provider.
  3. Directly approach the Magistrate with jurisdiction over the matter.

It is the duty of the police officers, Protection Officer, service provider, or the Magistrate to inform the aggrieved person of her rights under the DV Act, including the ability to seek various forms of relief, access to service providers, the availability of legal aid services under the Legal Services Authorities Act, 1987, and the right to file a complaint under Section 498-A of the Indian Penal Code, where relevant.

Which Court Can Adjudicate the Case:

Section 27 of the DV Act designates a first-class magistrate or metropolitan court as the competent authority to grant protection orders and other orders under the Act. The court with jurisdiction is determined by the following criteria:

  1. The place where the person aggrieved permanently or temporarily resides or carries on business or is employed.
  2. The residence, business, or employment location of the respondent.
  3. The location where the cause of action has arisen.

A recent Supreme Court decision held that a petition under the DV Act can be filed in a court where the person aggrieved permanently or temporarily resides or carries on business or is employed, further clarifying the Act's applicability, as in the case of Shyamlal Devda v. Parimala, (2020) 3 SCC 14.

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Reliefs Available Under the Domestic Violence Act:

The DV Act provides various remedies to aggrieved persons, as outlined in Sections 18 to 23. These include:

  1. Protection orders (Section 18): The Magistrate may pass a protection order to prohibit the respondent from committing acts of domestic violence, aiding or abetting such acts, entering certain locations, or contacting the aggrieved person. The order may also restrain the respondent from alienating assets or causing harm to dependents.
  2. Residence orders (Section 19): The Magistrate may pass a residence order to protect the aggrieved person's right to reside in a shared household. It can restrain the respondent from dispossessing the aggrieved person, direct the respondent to remove from the shared household, or restrict their entry. The order may also require the respondent to provide alternate accommodation or pay rent.

These provisions aim to safeguard the rights and well-being of aggrieved individuals and offer legal remedies to combat domestic violence.

Monetary Relief (Section 20):

Section 20 of the DV Act empowers the court to issue an order for monetary relief when a woman has incurred expenses due to domestic violence. This relief covers various expenditures, including medical treatment costs, loss of earnings, property damage, and more. Additionally, the aggrieved person can seek maintenance from her male partner.

The Magistrate may direct the respondent to provide monetary relief to cover the expenses and losses suffered by the aggrieved person and any children resulting from domestic violence. These expenses and losses may encompass:

(a) Loss of earnings. (b) Medical expenses. (c) Loss caused by the destruction, damage, or removal of the aggrieved person's property. (d) Maintenance for the aggrieved person and her children, if any, including an order in addition to or under Section 125 of the Code of Criminal Procedure, 1973, or any other applicable law.

Furthermore, the section specifies that the monetary relief should be adequate, fair, reasonable, and consistent with the aggrieved person's accustomed standard of living. In cases where the respondent fails to make payments as per the monetary order, the Magistrate may instruct the respondent's employer or debtor to make direct payments to the aggrieved person or deposit a portion of the respondent's wages, salaries, or debts with the court.

This amount can be adjusted against the monetary relief owed by the respondent.

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Custody Orders (Section 21):

Section 21 of the DV Act grants the Magistrate the authority to grant temporary custody of children to the aggrieved woman or any person filing an application on her behalf. This provision aims to prevent the separation of a woman from her children, as such separation can itself be a form of abuse.

Additionally, the section allows the Magistrate to specify arrangements for the respondent's visitation with the children if necessary. However, the Magistrate may deny such visitation if it is deemed potentially harmful to the child or children.

Compensation Orders (Section 22):

Section 22 of the DV Act enables the Magistrate, upon application by the aggrieved person, to issue an order directing the respondent to compensate for injuries caused by acts of domestic violence. These injuries may include physical harm, mental anguish, emotional distress, and other forms of suffering resulting from the respondent's domestic violence.

Magistrate's Power to Grant Interim and Ex Parte Orders (Section 23):

Section 23 empowers the Magistrate to issue interim orders that they consider just and proper.

If the Magistrate is satisfied that an application prima facie reveals that the respondent has committed or is likely to commit an act of domestic violence, they may grant an ex parte order based on the affidavit submitted by the aggrieved person.

This order can pertain to Section 18, Section 19, Section 20, Section 21, or Section 22 of the DV Act, depending on the circumstances. An ex parte order can be issued without the respondent's presence when there is a credible indication of domestic violence or a potential threat of such violence.

While the primary goal of this legislation, which is to protect women from domestic violence, has been largely achieved, some aspects of the law still require further refinement. This law offers civil remedies to domestic violence victims.

Prior to the enactment of this law, women seeking civil remedies such as divorce, child custody, injunctions, or maintenance had no option but to resort to civil courts. Therefore, the DV Act has brought about essential and necessary changes in the system.

Despite the Act providing comprehensive remedies to address the issue of domestic violence, certain terms and their interpretations need further development.

One area where the law falls short is in providing relief to male members of the community who are victims of domestic violence. However, it is important to acknowledge that complete eradication of any crime from society is a challenging endeavor. Instead, it can only be mitigated through rigorous reforms and mechanisms.

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Difference between Section-498A of IPC and provisions of Domestic Violence Act, 2005

Section 498A of Indian Penal Code

Domestic Violence Act, 2005

Specifically deals with the aspect of Cruelty towards a married lady and her relatives.

This Act covers a broad range of abuse than can be inflicted within a domestic environment/relationship.

Offence under this provision has to be committed by either the husband or his relatives

Offence under this provision can be committed by any adult male member in a domestic relationship.

The nature of proceedings is criminal.

The nature of proceedings is Quasi-criminal.

Only a married woman can file a case under this section

Any aggrieved individual in a domestic relationship can file the complaint under the Act. (As per Hiral P. Harsora v. Kusum Narottamdas Harsora, (Supra))

List of Important Case Laws

  • Arvind Singh vs. State of Bihar (April 26, 2001)
  • Chanmuniya vs. Virendra Kumar Singh Kushwaha (October 07, 2010)
  • V. D. Bhanot vs. Savita Bhanot (February 07, 2012)
  • Indra Sarma vs. V. K. V. Sarma (November 26, 2013)
  • Hiral P. Harsora and Ors. vs. Kusum Narottamdas Harsora and Ors. (October 06, 2016)
  • Satish Chander Ahuja vs. Sneha Ahuja (October 15, 2020)

Punishments under the Act

Section 31 of the Domestic Violence Act, 2005 addresses the 'Penalty for violation of a protection order by the respondent.' Any breach of the protection order by the respondent may result in imprisonment for up to one year and a fine of up to 20,000 rupees, or both.

Section 28 of the Domestic Violence Act, 2005 stipulates that the proceedings arising under this Act should follow the provisions of the Code of Criminal Procedure (CrPC).

Section 498A of the Indian Penal Code concerns cruelty against women by their husbands or their relatives. According to this section, "Anyone who, being the husband or a relative of the husband of a woman, subjects such a woman to cruelty shall be punished with imprisonment for a term of up to three years and may also be liable to a fine."

Practice Questions for Judiciary Mains

  1. Explain the objective of Domestic Violence Act, 2005.
  2. Who is the aggrieved person under the Domestic Violence Act, 2005?
  3. What are the remedies available under the Domestic Violence Act, 2005?
  4. Where is the complaint filed under Domestic Violence Act, 2005?
  5. Is there any difference between Section-498A of IPC and provisions of Domestic Violence Act, 2005?
  6. Who can file a complaint under the Domestic Violence Act, 2005?

Conclusion:

The Domestic Violence Act 2005, also known as the DV Act, stands as a pivotal and groundbreaking legislation in the realm of women's rights in India. It encompasses numerous significant features and provisions that hold considerable relevance in the context of judiciary examinations.

The Domestic Violence Act falls under the purview of the legal framework and is a crucial topic for candidates preparing for judicial exams.

Aspirants should diligently study the relevant portions of the Domestic Violence Act within the Legal and Constitutional framework sections of their study materials. Additionally, staying well-informed about recent developments pertaining to the Domestic Violence Act 2005 through current affairs updates is essential.

Regularly practicing questions related to the Domestic Violence Act 2005 for judicial exams is also highly recommended to ensure a comprehensive grasp of the subject matter.

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The Protection of Women from Domestic Violence Act, 2005 Download PDF

Author : Yogricha

February 1, 2024

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Overview: The Domestic Violence Act is one of the most important subject for judiciary examination. It is asked in DJS, RJS, MPCJ and other Judiciary Examinations. If you are in law school, a judiciary aspirant or a practicing advocate, you must make sure that you red the entire act through and through.

In this Blog you will find:

  • List of important sections
  • Notes on Domestic violence act for Judiciary
  • Important case laws
  • Mains questions for practice

Learn more: Judiciary Exam 2023 Online Coaching

List of important sections of The Domestic Violence Act, 2005

Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 17 
Section 18
Section 19
Section 20
Section 21
Section 28
Section 31

What is the Meaning of Domestic Violence?

Domestic violence can be defined as any conduct that causes harm, injury, or poses a threat to the physical or mental health, safety, life, limb, or overall well-being of the aggrieved person. It encompasses various forms of abuse, including physical, sexual, verbal, emotional, and economic abuse.

The law recognizes domestic violence as a violation of human rights and upholds a woman's right to live in a home free from violence. To safeguard this right, the law grants women the right to residence and protection orders.

Types of Domestic Violence as per the Act: The Act outlines several forms of domestic violence, including:

  1. Physical Abuse: This involves any actions or behavior that inflicts bodily pain, harm, or jeopardizes life, limb, health, or the development of the aggrieved person. It encompasses acts such as assault, criminal intimidation, and the use of criminal force.
  2. Sexual Abuse: Sexual abuse comprises conduct of a sexual nature that degrades, humiliates, or violates a woman's dignity.
  3. Verbal and Emotional Abuse: Verbal and emotional abuse encompass various behaviors, including insults, ridicule, humiliation, name-calling, and derogatory remarks, particularly regarding issues like childbearing. It also includes repeated threats to cause physical harm to someone the aggrieved person cares about.
  4. Economic Abuse: Economic abuse involves activities such as neglecting financial support for the woman or her children, withholding necessities like food, clothing, and medicine, depriving her of economic resources, forcing her out of the house, restricting her access to or use of any part of the house, or obstructing her employment opportunities.

The Act aims to address and prevent these forms of domestic violence to ensure the well-being and safety of individuals in domestic settings.

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Key Aspects of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) Recognizing the need for legal assistance and various forms of support for women, the PWDVA introduces several significant features, including the appointment of Protection Officers and the role of Service Providers in delivering services such as medical care, shelter, legal aid, counseling, and more.

Definition of a Protection Officer:

A Protection Officer is an individual responsible for aiding women in accessing these services and helping them obtain the appropriate orders as per the Act. Protection Officers can be either government officials or social workers specializing in women and child welfare, possessing a postgraduate degree in Humanities or Law.

Each Judicial Magistrate's jurisdiction appoints one or more Protection Officers to fulfill these crucial roles.

Importance of the Act

This legislation primarily offers temporary and immediate assistance in response to the specific needs of women. It involves elements that overlap between civil and criminal law, and if the protection order or Magistrate's order is violated, criminal law enforcement comes into play.

Shelter homes and medical facilities are legally obligated to provide refuge and healthcare to the aggrieved person. The Act does not introduce any alterations to the existing personal laws governing family matters.

The reliefs provided by this Act are supplementary to existing laws and aim to empower women during emergency situations. Even after seeking relief under this law, a woman retains the option to seek additional relief through other legal avenues.

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The Act incorporates provisions for creating Domestic Incident Reports, which serve as crucial records during the evidence-gathering stage. It outlines the process for applying for orders under the Act. Lastly, the Act deems the violation of an obtained order as a criminal offense.

Government's Responsibilities

Both the Central Government and each State Government are tasked with ensuring that:

The provisions of this Act receive widespread visibility through public media channels, including television, radio, and print media, on a regular basis. Government officials, including police officers and judicial service members at both Central and State levels, receive regular training and awareness programs regarding the matters addressed by this Act.

Effective coordination is established between relevant Ministries and Departments, which handle matters related to law, home affairs (including law and order), health, and human resources, to address domestic violence issues. Periodic reviews of this coordination are also conducted.

Protocols are devised and implemented for the various Ministries involved in delivering services to women under this Act, including the courts.

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The Domestic Violence Act of 2005- Details

The Domestic Violence Act of 2005 was established to enhance the safeguarding of women's rights as guaranteed by the Constitution. It specifically addresses instances of violence within the family and related matters.

According to the DV Act's definition, domestic violence encompasses actions that result in harm, injury, or endangerment to the safety, life, health, or well-being of an aggrieved woman.

This includes acts of physical, sexual, verbal, or economic abuse. Additionally, it covers any harm inflicted on the aggrieved woman or her relative with the intention of coercing them to meet unlawful dowry demands.

The Domestic Violence Act of 2005 provides a comprehensive definition of "Domestic Violence" in Section 3, encompassing threats of violence as well.

This legal framework applies to all women, regardless of their marital status, age, or religious affiliation. In India, domestic violence is regulated by the Protection of Women from Domestic Violence Act, 2005, as outlined in Section 3.

Dowry is considered a significant contributing factor to the mistreatment and cruelty faced by brides in their marital homes. Presently, when a woman experiences cruelty at the hands of her husband or his relatives, it is deemed an offense under Section 498-A of the Indian Penal Code.

This act offers civil remedies to uphold women's rights, including the right to a safe home, maintenance, guardianship, security, and relief.

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The Protection of Women from Domestic Violence Act of 2005 acknowledges domestic violence as a violation of human rights and categorizes it into four significant types:

  1. Physical Abuse: This category encompasses any form of harm inflicted upon the victim. It includes acts that cause bodily pain, harm, or pose a danger to life, limb, health, or overall well-being. Physical abuse covers a wide range of actions, from assault to criminal intimidation and the use of criminal force.

  2. Sexual Abuse: Sexual abuse within the context of domestic violence involves any conduct of a sexual nature that abuses, humiliates, degrades, or otherwise violates the dignity of a woman. It includes any behavior that coerces or forces the victim into unwanted sexual acts or creates a hostile sexual environment.

  3. Verbal or Emotional Abuse: Verbal and emotional abuse can be just as damaging as physical violence. This form of abuse includes various behaviors such as making false accusations or aspersions on the character or conduct of the victim. It also covers instances of repeated threats to cause physical harm to any person in whom the aggrieved person is interested, causing emotional distress and psychological harm.

  4. Economic Abuse: Economic abuse involves actions that exert control over a woman's financial resources and well-being. It includes instances where the abuser does not provide money for the maintenance of the woman or her children, denies access to essential financial resources, or forces the woman out of her home. Economic abuse also encompasses actions that obstruct or prevent the victim from pursuing employment or accessing financial support.

These categories of domestic violence under the Act aim to provide a comprehensive framework for identifying and addressing various forms of abuse that women may face within their households.

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Key Features of the Domestic Violence Act 2005

The Domestic Violence Act of 2005 incorporates civil and criminal provisions, offering prompt civil remedies to aggrieved women within a 60-day timeframe. Its salient features include:

  1. Expedited Judgments: The Act ensures swift judicial proceedings, with judgments delivered within 60 days from the date of case filing, facilitating quick relief for the aggrieved party.
  2. Recognition of Women's Assistance: The legislation acknowledges that women may require assistance with legal procedures and various forms of support, emphasizing their empowerment and access to justice.
  3. Appointment of Protection Officers: The Act permits the appointment of Protection Officers, responsible for aiding women in accessing the appropriate legal remedies outlined in the Act. It also recognizes the vital role of Service Providers in offering medical, shelter, legal, counseling, and other support services.
  4. Acknowledgment of Verbal and Emotional Violence: The Act recognizes the detrimental impact of verbal and emotional abuse, extending protection to victims of such forms of violence.
  5. Economic Relief: Economic violence is acknowledged as a form of abuse under the Act, allowing victims to seek redress for economic harm and deprivation.
  6. Appeal for Both Parties: Both the petitioner and respondent have the option to prefer an appeal, ensuring a balanced and fair approach to dispute resolution.
  7. Domestic Incident Reports: The Act includes provisions for the preparation and utilization of Domestic Incident Reports, serving as vital records during evidence collection and legal proceedings.
  8. Temporary Custody of the Child: The legislation addresses child custody matters, providing for temporary custody arrangements to safeguard the interests and well-being of the child.
  9. Multiple Judgments in a Single Case: The Act allows for the issuance of multiple judgments within a single case, ensuring that various aspects of the dispute are effectively addressed.
  10. Right to Residence: Section 17 of the Act safeguards the right to residence, ensuring that the aggrieved woman is not unlawfully deprived of her home.

These features collectively aim to provide comprehensive protection and support to women facing domestic violence, with a focus on expedited relief and access to justice.

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Roles of Protection Officers and Service Providers

Protection Officers, appointed by the government, play a crucial role in assisting women who have experienced domestic violence.

They facilitate the process of filing complaints against the perpetrators, including husbands or other male adults involved in domestic violence or romantic relationships with the complainant.

Protection Officers collaborate with law enforcement, when necessary, to execute court orders and ensure the safety and protection of the affected individuals.

On the other hand, Service Providers are members of recognized non-governmental organizations (NGOs).

Their primary responsibility is to coordinate efforts among various stakeholders to ensure that victims of domestic violence receive the necessary support and access to justice. Service Providers offer short-stay lodging facilities and assist victims in filing Domestic Incident Reports.

Moreover, they provide vocational training to empower survivors in securing employment and achieving financial stability.

Provisions of the Domestic Violence Act 2005: Government's Role

Both the Central Government and State Governments are mandated to take specific measures to promote and enforce the provisions of the Domestic Violence Act 2005. These measures include:

  1. Public Awareness: Ensuring that the provisions of the Act are widely publicized through various forms of media, including television, radio, and print media, at regular intervals.
  2. Sensitization and Training: Providing periodic sensitization and awareness training to government officials, including police officers and members of the judicial services, to address the issues covered by the Protection of Women from Domestic Violence Act 2005.
  3. Coordination: Establishing effective coordination mechanisms between relevant ministries and departments dealing with legal matters, home affairs (including law enforcement and order maintenance), healthcare, and human resources to address domestic violence issues. Regular reviews of these efforts are also mandated.
  4. Protocols: Developing and implementing protocols within various ministries concerned with providing services to women under the Domestic Violence Act 2005, including the judicial system.

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Access to Shelter and Medical Aid

Under the Act, an aggrieved woman or a representative, such as a Protection Officer or Service Provider, can request shelter or medical assistance from the person in charge of a shelter home or a medical facility.

Remedies Provided by the Protection of Women from Domestic Violence Act 2005

The Act offers the following remedies to address domestic violence:

  1. Protection Order (Section 18)
  2. Residence Order for Staying at the Matrimonial House (Section 19)
  3. Monetary Orders, including maintenance for the woman and her children (Section 20)
  4. Temporary Custody of Children (Section 21)
  5. Compensation Order for Damages (Section 22)

Way Forward for the Domestic Violence Act

While the Protection of Women from Domestic Violence Act 2005 has taken significant steps to protect women from domestic violence, it lacks provisions for addressing domestic violence involving male family members and does not recognize cohabiting or marital relationships within the LGBTQ+ community.

To make the Act more comprehensive and inclusive, the government should consider revisiting and strengthening it to address these important aspects of domestic violence.

The patriarchal structure has been deeply ingrained in Indian society for centuries, and it is often believed that this system laid the foundation for the mistreatment of women. Domestic violence is a pervasive issue that affects women from all walks of life, irrespective of their age, religion, caste, or socioeconomic status.

This form of violence is not limited to harming individuals and their children; it also has far-reaching implications for society as a whole. While the root causes of domestic violence are complex, some of the reasons behind it can be traced back to the rigid stereotyping of gender roles and the unequal distribution of power.

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The definition of violence has evolved over time, encompassing not only physical forms of abuse but also emotional, mental, financial, and other cruel acts. Consequently, domestic violence now includes any action that harms or endangers the physical or mental health, safety, life, limb, or well-being of the victim, or has the potential to do so.

This definition encompasses physical abuse, sexual abuse, verbal abuse, emotional abuse, and economic abuse, all committed by any person who is or was in a domestic relationship with the victim.

Prior to the enactment of the Protection of Women from Domestic Violence Act, 2005 (DV Act), victims could only seek recourse under Section 498-A of the Indian Penal Code, 1860, which specifically dealt with cruelty against married women. Other forms of domestic violence within households were addressed under various sections of the IPC, without regard to the gender of the victim.

The DV Act was enacted to streamline the legal framework surrounding domestic violence, both procedurally and substantively, with the primary aim of protecting women from such violence.

The legislative intent behind the DV Act was reaffirmed by the Supreme Court of India in the case of Indra Sarma v. V.K.V Sarma, (2013) 15 SCC 755. The Court emphasized that the DV Act provides a civil law remedy to protect women from domestic violence and prevent such incidents within society.

Other legislations, such as the Criminal Procedure Code (CrPC) and the Indian Penal Code (IPC), provide relief to women in vulnerable situations and were also discussed in this context.

The DV Act's objective is to provide more effective protection of women's rights guaranteed under the Constitution, especially in cases of violence occurring within the family.

It aligns with Recommendation No. 12 of the United Nations Committee on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), ratified by India in June 1993. The Act aims to protect women from violence in the domestic sphere, irrespective of their proprietary rights within the shared household.

Key definitions under the DV Act play a crucial role in its implementation:

  1. Aggrieved Person: As defined in Section 2(a) of the DV Act, an "aggrieved person" refers to any woman who is or has been in a domestic relationship with the respondent and alleges to have experienced domestic violence. This definition encompasses women who have been in any form of domestic relationship with the respondent.

  2. Domestic Relationship: Section 2(f) of the DV Act defines "domestic relationship" as a relationship between two persons living in a shared household. It includes relationships through marriage, blood, adoption, live-in relationships, and even victims of legally invalid marriages. The definition is exhaustive and covers women of all ages, regardless of their marital status.

  3. Shared Household: Section 2(s) of the DV Act defines a "shared household" as a place where the aggrieved person or woman lives in a domestic relationship, either alone or with the respondent. This includes rented accommodations, jointly owned residences, or situations where both parties have rights or interests in the house. The Act safeguards a woman's right to reside in a shared household, preventing her eviction without due legal process.

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The DV Act also provides an extensive definition of "domestic violence," which goes beyond physical abuse to include emotional, mental, sexual, and economic abuse. It covers acts that harm, endanger, coerce, threaten, or otherwise injure the physical or mental well-being of the aggrieved person or any person related to her.

The Act recognizes the nuanced nature of domestic violence, addressing a wide range of abusive behaviors within households.

In conclusion, the Protection of Women from Domestic Violence Act, 2005, is a crucial legislative framework aimed at safeguarding women's rights and protecting them from domestic violence.

It provides a comprehensive understanding of domestic violence, ensuring that women can seek legal recourse and protection, regardless of their relationship status. The Act's key definitions play a pivotal role in its implementation, ensuring that women are not deprived of their right to reside in a shared household and are protected from various forms of abuse within domestic settings.

Who Is Eligible for Assistance and Relief Under the Domestic Violence Act?

The Domestic Violence Act extends its protective provisions to various categories of individuals who may find themselves victims of domestic violence. According to the provisions of this Act, any aggrieved woman who is in a domestic relationship with the respondent and alleges to have been subjected to an act of domestic violence by the respondent can seek assistance and relief. This includes:

  1. Any woman who has been or is currently in a domestic relationship with the respondent.
  2. Any adult male perpetrator who commits an act of domestic violence against a woman.
  3. Any male or female relatives of the husband or male partner (for example, in a live-in relationship) who have perpetrated violence against the woman.

It's important to note that the Supreme Court, in the case of Hiral P. Harsora v. Kusum Narottamdas Harsora, (2016) 10 SCC 165, removed the requirement that the respondent be an adult male. The Court held that this requirement was not based on any intelligible differentia with a rational nexus to the Act's objectives. As a result, remedies under the DV Act are available not only against adult males but also against females and non-adults.

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Protection Officer's Role:

Under Section 8 of the DV Act, the Protection Officer is appointed by the State Government in accordance with the law's provisions. The Protection Officer serves as a facilitator between the aggrieved woman and the court, offering crucial assistance in various ways. Their duties include:

  1. Assisting the Magistrate in executing their functions under the DV Act.
  2. Compiling and submitting a domestic incident report to the Magistrate, which includes a complaint of domestic violence. Copies of this report are sent to the relevant police station and service providers in the area.
  3. Preparing and submitting an application to the Magistrate, as prescribed, if the aggrieved person wishes to seek relief through the issuance of a protection order.
  4. Ensuring that the aggrieved person is provided with legal aid under the Legal Services Authorities Act, 1987, and making available the necessary complaint forms free of charge.
  5. Maintaining a list of service providers offering legal aid, counseling, shelter homes, and medical facilities within the Magistrate's jurisdiction.
  6. Providing access to safe shelter homes, if requested by the aggrieved person, and forwarding a copy of the placement report to the police station and the relevant Magistrate.

Additionally, the Protection Officer arranges for the medical examination of the aggrieved person if she has sustained bodily injuries and submits a copy of the medical report to the police station and the Magistrate with jurisdiction over the alleged incident. They also ensure the enforcement and execution of orders for monetary relief as per the procedure outlined in the Code of Criminal Procedure, 1973.

Role of Service Providers:

Victims of domestic violence may require various support services, including shelter homes, medical aid, child care, legal assistance, and community services. According to Section 10(1) of the DV Act, service providers are NGOs, companies, or voluntary organizations registered under the state's laws and actively engaged in addressing domestic violence issues. Service providers are responsible for offering assistance and support to women facing domestic violence. An aggrieved woman can approach a registered service provider to file a complaint under the DV Act. One of the primary duties of a service provider, as outlined in Section 6 of the DV Act, is to provide shelter to the aggrieved person in a shelter home upon request.

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Filing a Complaint of Domestic Violence:

An aggrieved woman seeking to file a complaint of domestic violence has several options:

  1. Approach a local police station and register the complaint.
  2. File a complaint with a Protection Officer or a service provider.
  3. Directly approach the Magistrate with jurisdiction over the matter.

It is the duty of the police officers, Protection Officer, service provider, or the Magistrate to inform the aggrieved person of her rights under the DV Act, including the ability to seek various forms of relief, access to service providers, the availability of legal aid services under the Legal Services Authorities Act, 1987, and the right to file a complaint under Section 498-A of the Indian Penal Code, where relevant.

Which Court Can Adjudicate the Case:

Section 27 of the DV Act designates a first-class magistrate or metropolitan court as the competent authority to grant protection orders and other orders under the Act. The court with jurisdiction is determined by the following criteria:

  1. The place where the person aggrieved permanently or temporarily resides or carries on business or is employed.
  2. The residence, business, or employment location of the respondent.
  3. The location where the cause of action has arisen.

A recent Supreme Court decision held that a petition under the DV Act can be filed in a court where the person aggrieved permanently or temporarily resides or carries on business or is employed, further clarifying the Act's applicability, as in the case of Shyamlal Devda v. Parimala, (2020) 3 SCC 14.

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Reliefs Available Under the Domestic Violence Act:

The DV Act provides various remedies to aggrieved persons, as outlined in Sections 18 to 23. These include:

  1. Protection orders (Section 18): The Magistrate may pass a protection order to prohibit the respondent from committing acts of domestic violence, aiding or abetting such acts, entering certain locations, or contacting the aggrieved person. The order may also restrain the respondent from alienating assets or causing harm to dependents.
  2. Residence orders (Section 19): The Magistrate may pass a residence order to protect the aggrieved person's right to reside in a shared household. It can restrain the respondent from dispossessing the aggrieved person, direct the respondent to remove from the shared household, or restrict their entry. The order may also require the respondent to provide alternate accommodation or pay rent.

These provisions aim to safeguard the rights and well-being of aggrieved individuals and offer legal remedies to combat domestic violence.

Monetary Relief (Section 20):

Section 20 of the DV Act empowers the court to issue an order for monetary relief when a woman has incurred expenses due to domestic violence. This relief covers various expenditures, including medical treatment costs, loss of earnings, property damage, and more. Additionally, the aggrieved person can seek maintenance from her male partner.

The Magistrate may direct the respondent to provide monetary relief to cover the expenses and losses suffered by the aggrieved person and any children resulting from domestic violence. These expenses and losses may encompass:

(a) Loss of earnings. (b) Medical expenses. (c) Loss caused by the destruction, damage, or removal of the aggrieved person's property. (d) Maintenance for the aggrieved person and her children, if any, including an order in addition to or under Section 125 of the Code of Criminal Procedure, 1973, or any other applicable law.

Furthermore, the section specifies that the monetary relief should be adequate, fair, reasonable, and consistent with the aggrieved person's accustomed standard of living. In cases where the respondent fails to make payments as per the monetary order, the Magistrate may instruct the respondent's employer or debtor to make direct payments to the aggrieved person or deposit a portion of the respondent's wages, salaries, or debts with the court.

This amount can be adjusted against the monetary relief owed by the respondent.

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Custody Orders (Section 21):

Section 21 of the DV Act grants the Magistrate the authority to grant temporary custody of children to the aggrieved woman or any person filing an application on her behalf. This provision aims to prevent the separation of a woman from her children, as such separation can itself be a form of abuse.

Additionally, the section allows the Magistrate to specify arrangements for the respondent's visitation with the children if necessary. However, the Magistrate may deny such visitation if it is deemed potentially harmful to the child or children.

Compensation Orders (Section 22):

Section 22 of the DV Act enables the Magistrate, upon application by the aggrieved person, to issue an order directing the respondent to compensate for injuries caused by acts of domestic violence. These injuries may include physical harm, mental anguish, emotional distress, and other forms of suffering resulting from the respondent's domestic violence.

Magistrate's Power to Grant Interim and Ex Parte Orders (Section 23):

Section 23 empowers the Magistrate to issue interim orders that they consider just and proper.

If the Magistrate is satisfied that an application prima facie reveals that the respondent has committed or is likely to commit an act of domestic violence, they may grant an ex parte order based on the affidavit submitted by the aggrieved person.

This order can pertain to Section 18, Section 19, Section 20, Section 21, or Section 22 of the DV Act, depending on the circumstances. An ex parte order can be issued without the respondent's presence when there is a credible indication of domestic violence or a potential threat of such violence.

While the primary goal of this legislation, which is to protect women from domestic violence, has been largely achieved, some aspects of the law still require further refinement. This law offers civil remedies to domestic violence victims.

Prior to the enactment of this law, women seeking civil remedies such as divorce, child custody, injunctions, or maintenance had no option but to resort to civil courts. Therefore, the DV Act has brought about essential and necessary changes in the system.

Despite the Act providing comprehensive remedies to address the issue of domestic violence, certain terms and their interpretations need further development.

One area where the law falls short is in providing relief to male members of the community who are victims of domestic violence. However, it is important to acknowledge that complete eradication of any crime from society is a challenging endeavor. Instead, it can only be mitigated through rigorous reforms and mechanisms.

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Difference between Section-498A of IPC and provisions of Domestic Violence Act, 2005

Section 498A of Indian Penal Code

Domestic Violence Act, 2005

Specifically deals with the aspect of Cruelty towards a married lady and her relatives.

This Act covers a broad range of abuse than can be inflicted within a domestic environment/relationship.

Offence under this provision has to be committed by either the husband or his relatives

Offence under this provision can be committed by any adult male member in a domestic relationship.

The nature of proceedings is criminal.

The nature of proceedings is Quasi-criminal.

Only a married woman can file a case under this section

Any aggrieved individual in a domestic relationship can file the complaint under the Act. (As per Hiral P. Harsora v. Kusum Narottamdas Harsora, (Supra))

List of Important Case Laws

  • Arvind Singh vs. State of Bihar (April 26, 2001)
  • Chanmuniya vs. Virendra Kumar Singh Kushwaha (October 07, 2010)
  • V. D. Bhanot vs. Savita Bhanot (February 07, 2012)
  • Indra Sarma vs. V. K. V. Sarma (November 26, 2013)
  • Hiral P. Harsora and Ors. vs. Kusum Narottamdas Harsora and Ors. (October 06, 2016)
  • Satish Chander Ahuja vs. Sneha Ahuja (October 15, 2020)

Punishments under the Act

Section 31 of the Domestic Violence Act, 2005 addresses the 'Penalty for violation of a protection order by the respondent.' Any breach of the protection order by the respondent may result in imprisonment for up to one year and a fine of up to 20,000 rupees, or both.

Section 28 of the Domestic Violence Act, 2005 stipulates that the proceedings arising under this Act should follow the provisions of the Code of Criminal Procedure (CrPC).

Section 498A of the Indian Penal Code concerns cruelty against women by their husbands or their relatives. According to this section, "Anyone who, being the husband or a relative of the husband of a woman, subjects such a woman to cruelty shall be punished with imprisonment for a term of up to three years and may also be liable to a fine."

Practice Questions for Judiciary Mains

  1. Explain the objective of Domestic Violence Act, 2005.
  2. Who is the aggrieved person under the Domestic Violence Act, 2005?
  3. What are the remedies available under the Domestic Violence Act, 2005?
  4. Where is the complaint filed under Domestic Violence Act, 2005?
  5. Is there any difference between Section-498A of IPC and provisions of Domestic Violence Act, 2005?
  6. Who can file a complaint under the Domestic Violence Act, 2005?

Conclusion:

The Domestic Violence Act 2005, also known as the DV Act, stands as a pivotal and groundbreaking legislation in the realm of women's rights in India. It encompasses numerous significant features and provisions that hold considerable relevance in the context of judiciary examinations.

The Domestic Violence Act falls under the purview of the legal framework and is a crucial topic for candidates preparing for judicial exams.

Aspirants should diligently study the relevant portions of the Domestic Violence Act within the Legal and Constitutional framework sections of their study materials. Additionally, staying well-informed about recent developments pertaining to the Domestic Violence Act 2005 through current affairs updates is essential.

Regularly practicing questions related to the Domestic Violence Act 2005 for judicial exams is also highly recommended to ensure a comprehensive grasp of the subject matter.

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