Domestic Violence Act 2005 & DIR Report Format in Gujarati – Download PDF
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THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
DOMESTIC VIOLENCE
3. Definitions of domestic violence.
CHAPTER III
POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE PROVIDERS, ETC.
4. Information to Protection Officer and exclusion of liability of informant.
5. Duties of police officers, service providers and Magistrate.
6. Duties of shelter homes.
7. Duties of medical facilities.
8. Appointment of Protection Officers.
9. Duties and functions of Protection Officers.
10. Service providers.
11. Duties of Government.
CHAPTER IV
PROCEDURE FOR OBTAINING ORDERS OF RELIEFS
12. Application of Magistrate.
13. Service of notice.
14. Counselling.
15. Assistance of welfare expert.
16. Proceedings to be held in camera.
17. Right to reside in a shared household.
18. Protection orders.
19. Residence orders.
20. Monetary reliefs.
21. Custody orders.
22. Compensation orders.
23. Power to grant interim and ex parte orders.
24. Court to give copies of order free of cost.
25. Duration of orders.
26. Relief in other suits and legal proceedings.
27. Jurisdiction.
28. Procedure.
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SECTIONS
29. Appeal.
CHAPTER V
MISCELLANEOUS
30. Protection Officers and members of service providers to be public servants.
31. Penalty for breach of protection order by respondent.
32. Cognizance and proof.
33. Penalty for not discharging duty by Protection Officers.
34. Cognizance of offence committed by Protection Officer.
35. Protection of action taken in good faith.
36. Act not in derogation of any other law.
37. Power of Central Government to make rules.
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THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
ACT NO. 43 OF 2005
[13th September, 2005.]
An Act to provide for more effective protection of the rights of women guaranteed under the
Constitution who are victims of violence of any kind occurring within the family and
formatters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
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 1
***.
(3) It shall come into force on such date2
as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with
the respondent and who alleges to have been subjected to any act of domestic violence by the
respondent;
(b) “child” means any person below the age of eighteen years and includes any adopted, step or
foster child;
(c) “compensation order” means an order granted in terms of section 22;
(d) “custody order” means an order granted in terms of section 21;
(e) “domestic incident report” means a report made in the prescribed form on receipt of a
complaint of domestic violence from an aggrieved person;
(f) “domestic relationship” means a relationship between two persons who live or have, at any
point of time, lived together in a shared household, when they are related by consanguinity, marriage,
or through a relationship in the nature of marriage, adoption or are family members living together as
a joint family;
(g) “domestic violence” has the same meaning as assigned to it in section 3;
(h) “dowry” shall have the same meaning as assigned to it in section 2 of the Dowry Prohibition
Act, 1961 (28 of 1961);
(i) “Magistrate” means the Judicial Magistrate of the first class, or as the case may be, the
Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure,
1973(2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the
respondent resides or the domestic violence is alleged to have taken place;
(j) “medical facility” means such facility as may be notified by the State Government to be a
medical facility for the purposes of this Act;
(k) “monetary relief” means the compensation which the Magistrate may order the respondent to
pay to the aggrieved person, at any stage during the hearing of an application seeking any relief under
this Act, to meet the expenses incurred and the losses suffered by the aggrieved person as a result of
the domestic violence;
(l) “notification” means a notification published in the Official Gazette and the expression
“notified” shall be construed accordingly;
(m) “prescribed” means prescribed by rules made under this Act;
1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10-2019).
2. 26th October, 2006, vide notification No. S.O. 1776(E), dated by 17th October, 2006, see Gazette of India, Extraordinary,
Part II, sec. 3(ii).
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(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 house
hold 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 as
helter home for the purposes of this Act.
CHAPTER II
DOMESTIC VIOLENCE
3. Definition of domestic violence.—For the purposes of this Act, any act, omission or commission
or conduct of the respondent shall constitute domestic violence in case it—
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or
physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse,
verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful demand for any dowry or other property or valuable
security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct
mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I.—For the purposes of this section,—
(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily
pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved
person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades
or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse” includes—
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard
to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is
interested;
(iv) “economic abuse” includes—
(a) deprivation of all or any economic or financial resources to which the aggrieved
person is entitled under any law or custom whether payable under an order of a court or
otherwise or which the aggrieved person requires out of necessity including, but not limited
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to, house hold 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 house hold and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or
immovable, valuables, shares, securities, bonds and the like or other property in which the
aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or
which may be reasonably required by the aggrieved person or her children or her stridhan or
any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the
aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including
access to the shared household.
Explanation II.—For the purpose of determining whether any act, omission, commission or conduct
of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances
of the case shall be taken into consideration.
CHAPTER III
POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE PROVIDERS, ETC.
4. Information to Protection Officer and exclusion of liability of informant.—(1) Any person
who has reason to believe that an act of domestic violence has been, or is being, or is likely to be
committed, may give information about it to the concerned Protection Officer.
(2) No liability, civil or criminal, shall be incurred by any person for giving in good faith of
information for the purpose of sub-section (1).
5. Duties of police officers, service providers and Magistrate.—A police officer, Protection
Officer, service provider or Magistrate who has received a complaint of domestic violence or is otherwise
present at the place of an incident of domestic violence or when the incident of domestic violence is
reported to him, shall inform the aggrieved person—
(a) of her right to make an application for obtaining a relief by way of a protection order, an order
for monetary relief, a custody order, a residence order, a compensation order or more than one such
order under this Act;
(b) of the availability of services of service providers;
(c) of the availability of services of the Protection Officers;
(d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987);
(e) of her right to file a complaint under section 498A of the Indian Penal Code
(45 of 1860),wherever relevant:
Provided that nothing in this Act shall be construed in any manner as to relieve a police officer
from his duty to proceed in accordance with law upon receipt of information as to the commission of
a cognizable offence.
6. Duties of shelter homes.—If an aggrieved person or on her behalf a Protection Officer or a service
provider requests the person in charge of a shelter home to provide shelter to her, such person in charge of
the shelter home shall provide shelter to the aggrieved person in the shelter home.
7. Duties of medical facilities.—If an aggrieved person or, on her behalf a Protection Officer or a
service provider requests the person in charge of a medical facility to provide any medical aid to her, such
person in charge of the medical facility shall provide medical aid to the aggrieved person in the medical
facility.
8. Appointment of Protection Officers.—(1) The State Government shall, by notification, appoint
such number of Protection Officers in each district as it may consider necessary and shall also notify the
area or areas within which a Protection Officer shall exercise the powers and perform the duties conferred
on him by or under this Act.
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(2) The Protection Officers shall as far as possible be women and shall possess such qualifications
and experience as may be prescribed.
(3) The terms and conditions of service of the Protection Officer and the other officers subordinate to
him shall be such as may be prescribed.
9. Duties and functions of Protection Officers.—(1) It shall be the duty of the Protection Officer—
(a) to assist the Magistrate in the discharge of his functions under this Act;
(b) to make a domestic incident report to the Magistrate, in such form and in such manner as may
be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the
police officer in charge of the police station within the local limits of whose jurisdiction domestic
violence is alleged to have been committed and to the service providers in that area;
(c) to make an application in such form and in such manner as may be prescribed to the
Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;
(d) to ensure that the aggrieved person is provided legal aid under the Legal Services Authorities
Act, 1987 (39 of 1987) and make available free of cost the prescribed form in which a complaint is to
be made;
(e) to maintain a list of all service providers providing legal aid or counselling, shelter homes and
medical facilities in a local area within the jurisdiction of the Magistrate;
(f) to make available a safe shelter home, if the aggrieved person so requires and forward a copy
of his report of having lodged the aggrieved person in a shelter home to the police station and the
Magistrate having jurisdiction in the area where the shelter home is situated;
(g) to get the aggrieved person medically examined, if she has sustained bodily injuries and
forward a copy of the medical report to the police station and the Magistrate having jurisdiction in the
area where the domestic violence is alleged to have been taken place;
(h) to ensure that the order for monetary relief under section 20 is complied with and executed, in
accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);
(i) to perform such other duties as may be prescribed.
(2) The Protection Officer shall be under the control and supervision of the Magistrate, and shall
perform the duties imposed on him by the Magistrate and the Government by, or under, this Act.
10. Service providers.—(1) Subject to such rules as may be made in this behalf, any voluntary
association registered under the Societies Registration Act, 1860 (21 of 1860) or a company registered
under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force with the objective
of protecting the rights and interests of women by any lawful means including providing of legal aid,
medical, financial or other assistance shall register itself with the State Government as a service provider
for the purposes of this Act.
(2) A service provider registered under sub-section (1) shall have the power to—
(a) record the domestic incident report in the prescribed form if the aggrieved person so desires
and forward a copy thereof to the Magistrate and the Protection Officer having jurisdiction in the area
where the domestic violence took place;
(b) get the aggrieved person medically examined and forward a copy of the medical repot 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.
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11. Duties of Government.—The Central Government and every State Government, shall take all
measures to ensure that—
(a) the provisions of this Act are given wide publicity through public media including the
television, radio and the print media at regular intervals;
(b) the Central Government and State Government officers including the police officers and the
members of the judicial services are given periodic sensitization and awareness training on the issues
addressed by this Act;
(c) effective co-ordination between the services provided by concerned Ministries and
Departments dealing with law, home affairs including law and order, health and human resources to
address issues of domestic violence is established and periodical review of the same is conducted;
(d) protocols for the various Ministries concerned with the delivery of services to women under
this Act including the courts are prepared and put in place.
CHAPTER IV
PROCEDURE FOR OBTAININGORDERS OF RELIEFS
12. Application to Magistrate.—(1) An aggrieved person or a Protection Officer or any other person
on behalf of the aggrieved person may present an application to the Magistrate seeking one or more
reliefs under this Act:
Provided that before passing any order on such application, the Magistrate shall take into
consideration any domestic incident report received by him from the Protection Officer or the service
provider.
(2) The relief sought for under sub-section (1) may include a relief for issuance of an order for
payment of compensation or damages without prejudice to the right of such person to institute a suit for
compensation or damages for the injuries caused by the acts of domestic violence committed by the
respondent:
Provided that where a decree for any amount as compensation or damages has been passed by any
court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order
made by the Magistrate under this Act shall be set off against the amount payable under such decree and
the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or
any other law for the time being in force, be executable for the balance amount, if any, left after such set
off.
(3) Every application under sub-section (1) shall be in such form and contain such particulars as may
be prescribed or as nearly as possible thereto.
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days
from the date of receipt of the application by the court.
(5) The Magistrate shall Endeavour to dispose of every application made under sub-section (1) within
a period of sixty days from the date of its first hearing.
13. Service of notice.—(1) A notice of the date of hearing fixed under section 12 shall be given by
the Magistrate to the Protection Officer, who shall get it served by such means as may be prescribed on
the respondent, and on any other person, as directed by the Magistrate within a maximum period of two
days or such further reasonable time as may be allowed by the Magistrate from the date of its receipt.
(2) A declaration of service of notice made by the Protection Officer in such form as may be
prescribed shall be the proof that such notice was served upon the respondent and on any other person as
directed by the Magistrate unless the contrary is proved.
14. Counselling.—(1) The Magistrate may, at any stage of the proceedings under this Act, direct the
respondent or the aggrieved person, either singly or jointly, to undergo counselling with any member of a
service provider who possess such qualifications and experience in counselling as may be prescribed.
(2) Where the Magistrate has issued any direction under sub-section (1), he shall fix the next date of
hearing of the case within a period not exceeding two months.
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15. Assistance of welfare expert.—In any proceeding under this Act, the Magistrate may secure the
services of such person, preferably a woman, whether related to the aggrieved person or not, including a
person engaged in promoting family welfare as he thinks fit, for the purpose of assisting him in
discharging his functions.
16. Proceedings to be held in camera.—If the Magistrate considers that the circumstances of the
case so warrant, and if either party to the proceedings so desires, he may conduct the proceedings under
this Act in camera.
17. Right to reside in a shared household.—(1) Notwithstanding anything contained in any other
law for the time being in force, every woman in a domestic relationship shall have the right to reside in
the shared household, whether or not she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it
by the respondent save in accordance with the procedure established by law.
18. Protection orders.—The Magistrate may, after giving the aggrieved person and the respondent
an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or
is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the
respondent from—
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a
child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including
personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both
the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including
her stridhan or any other property held either jointly by the parties or separately by them without the
leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the aggrieved
person assistance from domestic violence;
(g) committing any other act as specified in the protection order.
19. Residence orders.—(1) While disposing of an application under sub-section (1) of section12, 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.
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(2) The Magistrate may impose any additional conditions or pass any other direction which he may
deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of
such aggrieved person.
(3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for
preventing the commission of domestic violence.
(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of
Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.
(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court may
also pass an order directing the officer in charge of the nearest police station to give protection to the
aggrieved person or to assist her or the person making an application on her behalf in the implementation
of the order.
(6) While making an order under sub-section (1), the Magistrate may impose on the respondent
obligations relating to the discharge of rent and other payments, having regard to the financial needs and
resources of the parties.
(7) The Magistrate may direct the officer in-charge of the police station in whose jurisdiction the
Magistrate has been approached to assist in the implementation of the protection order.
(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her
stridhan or any other property or valuable security to which she is entitled to.
20. Monetary reliefs.—(1) While disposing of an application under sub-section (1) of section 12,the
Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses
suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic
violence and such relief may include, but not limited to,—
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of
the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order
under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure,
1973 (2 of 1974) or any other law for the time being in force.
(2) The monetary relief granted under this section shall be adequate, fair and reasonable and
consistent with the standard of living to which the aggrieved person is accustomed.
(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly
payments of maintenance, as the nature and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to
the parties to the application and to the in charge of the police station within the local limits of whose
jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period
specified in the order under sub-section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the order under
sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to
the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or
accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief
payable by the respondent.
21. Custody orders.—Notwithstanding anything contained in any other law for the time being in
force, the Magistrate may, at any stage of hearing of the application for protection order or for any other
relief under this Act grant temporary custody of any child or children to the aggrieved person or the
person making an application on her behalf and specify, if necessary, the arrangements for visit of such
child or children by the respondent:
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Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the
interests of the child or children, the Magistrate shall refuse to allow such visit.
22. Compensation orders.—In addition to other reliefs as may be granted under this Act, the
Magistrate may on an application being made by the aggrieved person, pass an order directing the
respondent to pay compensation and damages for the injuries, including mental torture and emotional
distress, caused by the acts of domestic violence committed by that respondent.
23. Power to grant interim and ex parte orders.—(1) In any proceeding before him under this Act,
the Magistrate may pass such interim order as he deems just and proper.
(2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is
committing, or has committed an act of domestic violence or that there is a likelihood that the respondent
may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in
such form, as may be prescribed, of the aggrieved person under section18, section 19, section 20, section
21 or, as the case may be, section 22 against the respondent.
24. Court to give copies of order free of cost.—The Magistrate shall, in all cases where he has
passed any order under this Act, order that a copy of such order, shall be given free of cost, to the parties
to the application, the police officer in-charge of the police station in the jurisdiction of which the
Magistrate has been approached, and any service provider located within the local limits of the
jurisdiction of the court and if any service provider has registered a domestic incident report, to that
service provider.
25. Duration and alteration of orders.—(1) A protection order made under section 18 shall be in
force till the aggrieved person applies for discharge.
(2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is
satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any
order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem
appropriate.
26. Relief in other suits and legal proceedings.—(1) Any relief available under sections 18, 19,20,
21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal
court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or
after the commencement of this Act.
(2) Any relief referred to in sub-section (1) may be sought for in addition to and along with any other
relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court.
(3) In case any relief has been obtained by the aggrieved person in any proceedings other than a
proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief.
27. Jurisdiction.—(1) The court of Judicial Magistrate of the first class or the Metropolitan
Magistrate, as the case may be, within the local limits of which—
(a) the person aggrieved permanently or temporarily resides or carries on business or is
employed; or
(b) the respondent resides or carries on business or is employed; or
(c) the cause of action has arisen, shall be the competent court to grant a protection order and
other orders under this Act and to try offences under this Act.
(2) Any order made under this Act shall be enforceable throughout India.
28. Procedure.—(1) Save as otherwise provided in this Act, all proceedings under sections 12,18,
19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of
Criminal Procedure, 1973 (2 of 1974).
(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal
of an application under section 12 or under sub-section (2) of section 23.
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29. Appeal.—There shall lie an appeal to the Court of Session within thirty days from the date on
which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case
may be, whichever is later.
CHAPTER V
MISCELLANEOUS
30. Protection Officers and members of service providers to be public servants.—The Protection
Officers and members of service providers, while acting or purporting to act in pursuance of any of the
provisions of this Act or any rules or orders made thereunder shall be deemed to be public servants within
the meaning of section 21 of the Indian Penal Code (45 of 1860).
31. Penalty for breach of protection order by respondent.—(1) A breach of protection order, or of
an interim protection order, by the respondent shall be an offence under this Act and shall be punishable
with imprisonment of either description for a term which may extend to one year, or with fine which may
extend to twenty thousand rupees, or with both.
(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had
passed the order, the breach of which has been alleged to have been caused by the accused.
(3) While framing charges under sub-section (1), the Magistrate may also frame charges under section
498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition
Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those
provisions.
32. Cognizance and proof.—(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), the offence under sub-section (1) of section 31 shall be cognizable and
non-bailable.
(2) Upon the sole testimony of the aggrieved person, the court may conclude that an offence under
sub-section (1) of section 31 has been committed by the accused.
33. Penalty for not discharging duty by Protection Officer.—If any Protection Officer fails or
refuses to discharge his duties as directed by the Magistrate in the protection order without any sufficient
cause, he shall be punished with imprisonment of either description for a term which may extend to one
year, or with fine which may extend to twenty thousand rupees, or with both.
34. Cognizance of offence committed by Protection Officer.—No prosecution or other legal
proceeding shall lie against the Protection Officer unless a complaint is filed with the previous sanction of
the State Government or an officer authorised by it in this behalf.
35. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall
lie against the Protection Officer for any damage caused or likely to be caused by anything which is in
good faith done or intended to be done under this Act or any rule or order made thereunder.
36. Act not in derogation of any other law.—The provisions of this Act shall be in addition to, and
not in derogation of the provisions of any other law, for the time being in force.
37. Power of Central Government to make rules.—(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the qualifications and experience which a Protection Officer shall possess under
sub-section (2) of section 8;
(b) the terms and conditions of service of the Protection Officers and the other officers
subordinate to him, under sub-section (3) of section 8;
(c) the form and manner in which a domestic incident report may be made under clause (b) of
sub-section (1) of section 9;
(d) the form and the manner in which an application for protection order may be made to the
Magistrate under clause (c) of sub-section (1) of section 9;
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(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.