Protection of Women from Domestic Violence Act, 2005: All Se

In short: The Protection of Women from Domestic Violence Act, 2005 (Act No. 43 of 2005) covers civil remedies for women facing domestic violence: protection, residence, monetary relief, custody and compensation orders from a Magistrate. It came into force on 26 October 2006. It has 37 section entries, listed below with a plain-English summary of each. Part of our Law Library.

हिंदी में: घरेलू हिंसा से महिलाओं का संरक्षण अधिनियम, 2005 की सभी धाराएँ नीचे सरल भाषा में दी गई हैं।

All sections of the Protection of Women from Domestic Violence Act, 2005

Section	Title	What it covers
Preliminary
1	Short title, extent and commencement	Name of the Act, its extent, and commencement on 26 October 2006.
2	Definitions	Defines aggrieved person, domestic relationship, shared household, respondent, Protection Officer and related terms.
Domestic violence
3	Definition of domestic violence	Domestic violence includes physical, sexual, verbal, emotional and economic abuse, and harassment for dowry.
Powers and duties of Protection Officers, service providers, etc.
4	Information to Protection Officer and exclusion of liability of informant	Anyone may inform a Protection Officer of domestic violence and is not liable for information given in good faith.
5	Duties of police officers, service providers and Magistrate	They must inform the woman of her rights, including relief, free legal aid and the right to file a complaint.
6	Duties of shelter homes	Shelter homes must provide shelter to an aggrieved woman on request.
7	Duties of medical facilities	Medical facilities must give medical aid to an aggrieved woman on request.
8	Appointment of Protection Officers	State Governments appoint Protection Officers for each district.
9	Duties and functions of Protection Officers	Protection Officers assist the Magistrate, prepare domestic incident reports and help the woman get legal aid, shelter and medical help.
10	Service providers	Registration and role of service providers such as NGOs.
11	Duties of Government	Governments must publicise the Act, train officers and coordinate services.
Procedure for obtaining orders of reliefs
12	Application to Magistrate	The woman, a Protection Officer or another person may apply to the Magistrate for relief; the case should be decided within sixty days.
13	Service of notice	Notice of the date of hearing is served on the respondent through the Protection Officer.
14	Counselling	The Magistrate may direct counselling of either or both parties.
15	Assistance of welfare expert	The Magistrate may take the help of a welfare expert.
16	Proceedings to be held in camera	Proceedings may be held in camera if the Magistrate considers it necessary or a party asks.
17	Right to reside in a shared household	A woman in a domestic relationship has the right to reside in the shared household and cannot be evicted except by law.
18	Protection orders	Orders forbidding the respondent from committing domestic violence, contacting the woman or operating joint assets.
19	Residence orders	Orders preventing dispossession, removing the respondent, or providing alternative accommodation or rent.
20	Monetary reliefs	Payment of expenses and losses, including maintenance, medical costs and loss of earnings.
21	Custody orders	Temporary custody of children to the woman, with visitation for the respondent where appropriate.
22	Compensation orders	Compensation for injuries, including mental torture and emotional distress.
23	Power to grant interim and ex parte orders	The Magistrate may pass interim and ex parte orders.
24	Court to give copies of order free of cost	Copies of orders are given free to the parties, police and service providers.
25	Duration of orders	Orders remain in force until discharged and may be altered on change of circumstances.
26	Relief in other suits and legal proceedings	Relief under the Act may also be sought in civil, family and criminal proceedings.
27	Jurisdiction	The Magistrate where the woman lives, the respondent lives or the cause of action arose may hear the case.
28	Procedure	Proceedings follow the Code of Criminal Procedure (now the BNSS), and the court may lay down its own procedure.
29	Appeal	An appeal lies to the Court of Session within thirty days of the order.
Miscellaneous
30	Protection Officers and members of service providers to be public servants	They are treated as public servants.
31	Penalty for breach of protection order by respondent	Breach of a protection order or interim order is an offence punishable with imprisonment up to one year, fine up to twenty thousand rupees, or both.
32	Cognizance and proof	Offences under section 31 are cognizable and non-bailable, and the court may convict on the woman’s sole testimony.
33	Penalty for not discharging duty by Protection Officer	A Protection Officer who fails to discharge duties without sufficient cause may be punished.
34	Cognizance of offence committed by Protection Officer	Prosecution of a Protection Officer needs Government sanction.
35	Protection of action taken in good faith	No proceedings lie for acts done in good faith under the Act.
36	Act not in derogation of any other law	The Act adds to, and does not limit, other laws.
37	Power of Central Government to make rules	The Central Government makes rules under the Act.

Need help with a case under this Act? See Maintenance and domestic violence, Ghaziabad, 498A and dowry cases, or book a consultation. Back to the Law Library.

Prepared by Adv. Mridul Jindal, Law Chambers of Mridul Jindal, Indirapuram, Ghaziabad. Last updated 11 November 2026. Summaries are in plain English for general information and are not the text of the law or legal advice; always read the official text on India Code. Disclaimer.