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Protection of Women from Domestic Violence Act, 2005 Preamble 1

Title: The Protection of Women from Domestic Violence Act, 2005

State: Central

Year: 2005

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 [Act, No. 43 of 2005] PREAMBLE An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

Protection of Women from Domestic Violence Act, 2005 Chapter II

Title: Domestic Violence

State: Central

Year: 2005

.....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.

Protection of Women from Domestic Violence Act, 2005 Section 3

Title: Definition of Domestic Violence

State: Central

Year: 2005

.....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.

Protection of Women from Domestic Violence Act, 2005 Complete Act

Title: Protection of Women from Domestic Violence Act, 2005

State: Central

Year: 2005

..... Section13 - Service of notice Section14 - Counselling Section15 - Assistance of welfare expert Section16 - Proceedings to be held in camera Section17 - Right to reside in a shared household Section18 - Protection orders Section19 - Residence orders Section20 - Monetary reliefs Section21 - Custody orders Section22 - Compensation orders Section23 - Power to grant interim and ex parte orders Section24 - Court to give copies of order free of cost Section25 - Duration and alteration of orders Section26 - Relief in other suits and legal proceedings Section27 - Jurisdiction Section28 - Procedure Section29 - Appeal Chapter V Section30 - Protection Officers and members of service providers to be public servants Section31 - Penalty for breach of protection order by respondent Section32 - Cognizance and proof Section33 - Penalty for not discharging duty by Protection Officer Section34 - Cognizance of offence committed by Protection Officer Section35 - Protection of action taken in good faith Section36 - Act not in derogation of any other law Section37 - Power of Central Government to make rules

The Protection of Women from Domestic Violence Act, 2005 Complete Act

State: Central

Year: 2005

.....of determining whether any act, omission, commis sion or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into consideration. COMMENTS Section 3 defines - 'Domestic violence' for the purpose of this Act. Any act, omission or commission or conduct of the respondent shall constitute domestic violence in following circum stances:" (i) causing physical abuse, sexual abuse, verbal and emotional abuse or economic abuse, (ii) unlawful demand for any dowry or other property or valuable security. CHAPTER III POWERS AND DUTIES OF PROTECTION OFFICERS, SERVICE PROVIDERS, ETC. SECTION 04: 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). COMMENTS This section provides protection to the informant from any civil.....

Protection of Women from Domestic Violence Act, 2005 Chapter III

Title: Powers and Duties of Protection Officers, Service Providers, Etc.

State: Central

Year: 2005

.....the control and supervision of the Magistrate, and shall perform the duties imposed on him by the Magistrate and the Government by, or under, this Act. Section 10 - Service providers (1) Subject to such rules as may be made in this behalf, any voluntary association registered under the Societies Registration Act, 1860(21 of 1860) or a company registered under the Companies Act, 1956 or any other law for the time being in force with the objective of protecting the rights and interests of women by any lawful means including providing of legal aid, medical, financial or other assistance shall register itself with the State Government as a service provider for the purposes of this Act. (2) A service provider registered under sub-section (1) shall have the power to- (a) record the domestic incident report in the prescribed form if the aggrieved person so desires and forward a copy thereof to the Magistrate and the Protection Officer having jurisdiction in the area where the domestic violence took place; (b) get the aggrieved person medically examined and forward a copy of the medical report to the Protection Officer and the police station within the local limits of which.....

Protection of Women from Domestic Violence Act, 2005 Chapter IV

Title: Procedure for Obtaining Orders of Reliefs

State: Central

Year: 2005

.....respondent. Section 24 - Court to give copies of order free of cost The Magistrate shall, in all cases where he has passed any order under this Act, order that a copy of such order, shall be given free of cost, to the parties to the application, the police officer in-charge of the police station in the jurisdiction of which the Magistrate has been approached, and any service provider located within the local limits of the jurisdiction of the court and if any service provider has registered a domestic incident report, to that service provider. Section 25 - Duration and alteration of orders (1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge. (2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate. Section 26 - Relief in other suits and legal proceedings (1) Any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any.....

Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2008 Complete Act

State: Tamil Nadu

Year: 2008

.....Court. (2) If the person has not paid the compensation under sub-section (1), the said sum shall be recovered under the provisions of the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act 2 of 1884) as if it were an arrear of land revenue. 6. Bar of certain proceedings.- No claim for compensation for the damage or loss caused to the property shall be made by the medicare service person or medicare service institution, before any authority, under the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 (Tamil Nadu Act 59 of 1992). 7. Operation of other laws not affected.- Save as otherwise provided in this Act, the provisions of this Act shall be in addition to and not in derogation of, any other law for the time being in force. 8. Repeal and saving.- (1) The Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Ordinance, 2008 (Tamil Nadu Ordinance 3 of 2008) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act. Tamil Nadu State Acts

The Chhattisgarh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010 Complete Act

State: Chattisgarh

Year: 2010

.....negligence or mismanagement and aid or advice the victims on the basis of its findings. (2) The Authority shall consist of experts from the field of medical, law, consumer movement and health management. (3) The conditions of service of the experts mentioned in sub-section (2), and the procedure to be followed by the Authority shall be such as may be specified by the State Government by an order in this behalf. Section 8 - Act not in derogation of any other law The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. Section 9 - Power to make rules The State Government may, by notification make the rules to carry out the provisions of this Act. Every rule made under this Act by the State Government shall be laid, as soon as may be after it is made, before the State Legislature. Chhatisgarh State Acts

Delhi Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 Complete Act

State: Delhi

Year: 2008

.....by or under this Act. (2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded. Section10 Protection of action taken in good faith No suit, prosecution or other legal proceedings shall lie against the Government or any person or officer authorized by the Government or the Head of a medicare service institution or his authorized representative for anything which is in good faith done or intended to be done under this Act. Section11 Act not in derogation any other law The provision 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. Delhi State Acts