(3) the aggrieved person if not in occupation of the shared household, shall have right to enter into and occupy the same (4) notwithstanding any think contained in any other law for the time being in force, every aggrieved person shall have to obtain protection against domestic violence under this act in the form of a protection order duty to 4 a police officer or a protection officer who has received a complaint of domestic inform person violence or is otherwise present at the scence of an incident of domestic violence or seereves of when the incident of domestic violence is reported to him, shall— 10 (a) inform the person aggrieved of her right to apply for and obtain a protection order, an order for monetary relief and/or a residence order under the provisions of this act (4) inform the person aggrieved of the services of accredited service providers, and (c) inform the person aggrieved of her right to free legal services under the legal services authorities act, 1987: 15 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 congnisable offence  chapter ii20  orders etcprotection § (/) the court may pass a protection order prohibiting the respondent from: order   (i) committing any act of domestic violence; (ii) aiding and abetting in the commission of acts of domestic violence; 25 (iii) entering the place of employment of the person aggrieved or, if person aggrieved is a child, its school, or any other place frequent by the person aggrieved; |            |            |           | (iv)        | entering    | the      | residence    | of         | the        | person     | aggrieved;    ||------------|------------|-----------|-------------|-------------|----------|--------------|------------|------------|------------|---------------|| (v)        | attempting | to        | communicate | in          | any      | form         | whatsoever | with       | the        | person        || aggrieved, | including  | personal, | oral        | or          | written, | electronic   | or         | telephonic | contact;   |               || 30         |            |           |             |             |          |              |            |            |            |               || (vi)       | committing | any       | other       | act         | as       | specified    | in         | the        | protection | order;        |(vii) alienating any assets, operating bank lockers or bank account used or held or enjoyed by both parties, either singly or jointly, including her stridhan; (viii) causing violence to the dependants, other relatives, and persons who give the person aggrieved assistance from domestic violence 3$ (2) the court may impose any additional conditions which it deems reasonably necessary to protect and provide for the safety of person aggrieved or any child, including but not limited to police protection when the person aggrieved visits a specified place to supervise the collection of personal property and regular police supervision 40(3) the court shall, in all cases where it has passed a protection order under this section, order that a copy of such order be given to the protection officer incharge of the area (4) a copy of the protection order shall be served on the respondent by the police and a copy shall be forwarded to the station house officer of the police station in whose jurisdiction the person aggrieved and the respondent resides 6 (1) the court may direct the respondent to pay monetary relief to meet the monetary expenses incurred and losses suffered by the person aggrieved and any child as a lief result of the domestic violence and including not limited to:— (i) loss of earnings; (ii) medical expenses; (iii) maintenance for the person aggrieved as well as her child, if any; (iv) loss caused due to the destruction, damage or removal of any property from the control of the person aggrieved; (v) compensation for the domestic violence inflicted upon the person aggrieved (2) copies of an order for monetary relief shall be served on the concerned protection officer and the respondent by the police (3) the respondent shall pay monetary relief to the person aggrieved within the date specified in the order made in terms of sub-section (a) and in accordance with the terms thereof; (4) the protection officer may, upon the failure on the part of the respondent to make payment in terms of sub-clause (c), by an order, direct an employer or a debtor of the respondent, to directly pay to the person aggrieved or to deposit with him 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 (5) an order made under this section may, at any time, be altered, modified, varied or revoked on an application by either the person aggrieved or the respondent, provided the court is satisfied that there is a change of circumstances that requires such alteration, modification, variation or revocation 7 (1) the court may pass a residence order to:-— residence er (/) enforce the entitlement of the person aggrieved to remain in occupation as against the respondent; (ii) require the respondent to permit person aggrieved to enter and remain in the shared household or part thereof; (iii) prohibit, suspend or restrict the exercise by the respondent of his right to occupy the shared household; (iv) restrain the respondent from dispossessing the person aggrieved from the shared household; (v) restrain the respondent from alienating or disposing the shared household or encumbering the same; (vi) restrain the respondent from renouncing his rights in the shared household except in favour of the person aggrieved; or (vii) direct the respondent to secure alternate accommodation for the person aggrieved or to pay rent for the same, if for sufficient reasons, the court is of the opinion that it will be harmful or injurious for the person aggrieved to live with the respondent in the shared household, having regard to the circumstances of the case (2) while making an order under this section, the court may impose on the respondent obligations relating to the discharge of rent o> other payments, having regard to the financial needs and resources of the partiespetition 8 any person aggrieved may apply to the court for appropriation relief against domestic violence in a prescribed form particulars of 9 ordinarily, the petition, accompanied by an affidavit shall contain the following the petition particulars: - (a) the facts on which the petition is based; (b) particulars of the person aggrieved and the respondent; (c) the nature of relief sought whether, a protection order, residence order and or an order for monetary relief; and (d) the name of the police station at which the person aggrieved is likely to report any breach of the order 10 petition ty 10 notwithstanding the provisions of any other law in force, a petition may be next friend of brought by any other person on behalf of aggrieved person if he authorises such other 2 provection person in writing to that effect: provided that such written authorisation shall net be necessary in circumstances where the petitioner is an accredited service provider or a protection officer or where 15 the person aggrieved is:— (a) a minor; (6) suffering from a mental disorder of such nature and to such an extent that she cannot reasonably be expected to apply by herself; 20 (c) unconscious or otherwise physically incapable due to the acts of domestic violence; (d) confined by the respondent or any other person, or is unable to approach the court herself for any reason whatsoever; (e) an accredited service provider or a protection officer shall be entitled to appear before the court and address the same if such accredited service provider 25 is a petitioner or where the petitioner authorises the accredited service provider orders during 11 a petition under section 8 of this act may be brought before the court at court recess anytime: provided that when a petition is made at a time outside ordinary court hours or on 30 a day that is not an ordinary court day when the court is not in session, the duty magistrate shall pass the necessary protection orders as provided in sections 5, 6 and 7 of this act and the same may be confirmed by the court upon resumption of work within 72 hours: 35 provided further that if no duty magistrate is available the protection officer shall entertain such a petition and shall, if he is satisfied, pass a protection order subject to confirmation within 48 hours by the court relief in other 12 (j) relief available against domestic violence, under this act, may also be suits and legal sought in any legal proceeding, civil or criminal, affecting the person aggrieved and the proceedings —_ respondent whether or not such proceeding was initiated before the commencement of this act 40 (2) during the pendency of investigations in relation to commission of offences mentioned in the first schedule of the code of criminal procedure, 1973, a competent court may upon a petition in that behalf grant the orders mentioned in sections 5, 6 and 7 of this aci, as a condition of release on bail of the respondent (3) such order may be sought in addition to and along with any other relief that 45the person aggrieved may pray for in such suit or legal proceeding, civil or criminal power to 13 (/) in any proceeding before it under this act, the court may pass such interim grant interim - orders as it deems just and proper and ex-parte orders (2) if a court is satisfied that a petition prima facie discloses that the respondent is committing, or has committed an act domestic violence or that there is an imminent likelihood that the respondent may commit an act of domestic violence, it may grant an ex parte order under section 5, 6 and/or 7 against the respondent in a form as may be prescribed under the rules single acts or condonation 14, the court shall not refuse to grant a protection order merely on the basis that: 10 (a) only a single act of domestic violence has been committed or a single threat has been made by the respondent or on the basis that the acts or threats if viewed in isolation, appear to be minor or trivial (5) the person aggrieved had not complained of the acts of domestic violence and had condoned the same custody of children 15 15 notwithstanding any thing contained in any other law for the time being in force, the court may, at any stage of the hearing of the petition for protection order, grant temporary custody of any child or children to the person aggrieved and specify, if necessary, arrangements for visitation by the respondent: 20 provided that in any case where a complaint of sexual abuse of a child has been made, and the court is prima facie satisfied that such allegation is true, the court shall grant custody to the person aggrieved and no such order for arrangements for visitation by the respondent shall be made 16, the court shall issue notice to the respondent to show cause within the time notice show cause as may be prescribed why an order under sections 5, 6 and 7 should not be granted or if granted under section 13 why the same should not be confirmed 25 17, (7) an order under sections 5, 6 and 7 shall operate for a period of two years and may, on application by the person aggrieved by extended for a further period confirmation, variation or revocation of order 30 (2) an order made under this section may, for exceptional circumstances to be recorded in writing, be altered, modified, varied or revoked on an application by either the person aggrieved or the respondent provided the court is satisfied that there is a change of circumstances that requires such alteration, modification, variation or revocation appeal 18 notwithstanding anyting contained in the code of civil procedure, 1908 or in the code of criminal procedure, 1973 or in any other law, an appeal shall lie from every judgment or order of the court, not being on interlocutory order, to the high court beth on facts and law 35  chapter iv offences and penalties19 notwithstanding anything in ipc a breach of an order made under sections 5, breach of a order 40 6, 7, 13 and 16 shall be an offence and shall be punishable with imprisonment which may extend upto three years or with fine which may extend upto rupees twenty thousand or with both 20 (1) the offence under section 19 shall be cognizable and non-bailable cognisance and proof (2) the court may conclude the commission of an offence under section 19 upon the sole testimony of the person aggrieved 21 the court passing an order under sections 5, 6, 7 or 13 shall have the power 45 to try offences punishable under this act | powers    | of       ||-----------|----------|| court     | in       || relation  | to       || offence  |          || offences  | by       || police    | officer |22 if any police officer refuses or without sufficient cause is unable to arrest the respondent upon a complaint of an offence under section 19 made by the person aggrieved in the prescribed format, he shall, on conviction, on a complaint made by the person aggrieved, be punished with fine which may extend to five thousand rupees provided that no court shall take cognisance of an offence under this section unless so authorised by a general or special order with the permission of the state government  chapter v protection officersappointment 23 the state government shall by notification in the official gazette, appoint office orection such number of protection officers in each district as it may consider necessary, to 10 : assist the court in the discharge of its duties under this act powers of 24 a protection officer shall exercise the power conferred on him by or under orction this act and shall be entitled tq appear in any proceedings under this act for the purposes of exercising such powers and performing such duties a protection officer may, at any time, enter and inspect:— 15 (a) any shared household in respect of which a complaint of domestic violence has been received; and (8) any premises from where the stridhan or other property of the person aggrieved is to be recovered 20 duties and 25 (/) the protection officer shall be under the control of the court, and shall functions of perform duties imposed on him by the court and by this act rotec officers (2) it shall be the duty of a protection officer to assist the court in the investigation of complaints relating to domestic violence (3) in addition to the above the protection officer shall perform the following functions:— 25 (i) make a domestic incident report in the prescribed form upon receipt of a complaint of domestic violence (ii) inform the person aggrieved of her right to apply to the court for a protection order, monetary relief and/or a residence order under the provisions of this act 30 (iii) assist the person aggrieved in obtaining a protection order from the court (iv) ensure that the monetary relief deposited by the respondent is made available to the person aggrieved at the earliest (v) co-ordinate the activities of the accredited service providers operating 35 in his area (4) the protection officer shall make best efforts to ensure that the activities of the police and the accredited service providers are so co-ordinated as to ensure that a person aggrieved:— 40 ; (i) has easy access to information about accredited service providers, including short stary homes in the area that may provide her with support and help that she may require and enable access to services of the accredited service providers; (ii) is easily able to access transportation to an alternative residence or a safe place of shelter if the person aggrieved so requires; 45(iii) is able to avail of transportation to the nearest hospital or medical assistance for the treatment of injuries if such assistance is required; (iv) is able to obtain assistance in the collection of her belongings, including stridhan, with the assistance of the police; (v) is able to access tne court for orders under this act; (vi) has access to every possible assistance in the service of exparte orders 5 to the respondent, and enforcement of any orders that may have been made by the court under this act, 10 (5) a protection officer may, by an order in writing, authorise an accredited service provider to exercise any or all of his functions provided however that such order must clearly specify the purpose for which it is being made, in respect of whom/what the order shall operate and the period for which it shall operate, as provided in the prescribed form (6) notwithstanding anything in any law, the protection officer may, subject to confirmation by a court within 48 hours, by an order; (4) direct a bank or a financial institution to suspend transactions in respect of any bank account or locker; or (ii) prohibit a co-operative society or a registry or any authority or an individual or a company from registering a transfer of any share, right or interest in any movable or immovable property  chapter vi20  miscellaneous provisions26 (/) jurisdiction to grant a protection order and/or try offences under this act jurisdiction lies with any court, within whose jurisdiction: - (i) the person aggrieved permanently or temporarily resides, carries on business or is employed; or 25 (ii) the respondent resides, carries on business or is employed; or (iii) the cause of action arose (2) any order made herein under shall be enforceable throughout india 27 unless the court is satisfied to the contrary, proceedings under this act shall in camera proceedings be held in camera 30 provided however that the protection officer or an accredited service provider may be permitted to attend the same provided further that the person aggrieved may be accompanied by her relatives or friends other relief not barred 35 28 a person aggrieved shall not be disentitiled or barred from claiming relief under any other law merely because she has sought protection under this act and has initiated proceedings hereunder non obstante clause 29 the provisions of this act and of any rules made hereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law in force counseling 30 the court may at any stage of the hearing on the petition for a protection 40 order direct the respondent to undergo singly or, at the option of the person aggrieved, jointly with the person aggrieved mandatory counseling with any accredited service provider 31 no suit, persecution or other legal proceedings shall lie against any accredited protection of actions taken service provider or protection officer or police officer for anything which is in good in good faith45 faith done or purported to be done by or under this act procedure 32 (/) except as otherwise stated in this act, proceedings regarding the issuance of orders and trial of offences as provided in this act shall be governed respectively by the code of civil procedure, 1908 and the code of criminal procedure 1973 as the case may be (2) nothing in sub-section (a) shall prevent the court from jaying down its own procedure with a view to prevent the person aggrieved from being subjected to domestic violence or to arrive at the truth of the facts alleged by one party and denied by the other 33 the government of india, as well as the state government, shall ensure that:— | duty       ||------------|| government || 10         |(a) the act and the contents thereof receive wide publicity in the television, radio and the print media; | to          | ensure    ||-------------|-----------|| effective   |           || implementa- |           || tion of     | the       || act        |           |(b) the government officers, the police and the members of the judicial services are given periodic sensitisation and awareness training on the issues addressed by this act; and 15 (c) effective protocols are formulated by concerned ministries dealing with health, prosecutions and welfare to address issues of domestic violence and that the same are preiodically revised power to make rules 34, (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act 20 (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for:— (i) prescribing the fomat in which the forms, petitions, orders, directions and reports under this act would have to be made; (ii) maintaining a register of accredited service providers; 25 (iii) rules and procedure for the appointment and co-ordination of protection officers and their duties, tasks and responsibilities; (iv) powers of protection officers; (v) rules and procedure for appointment of officers to assist protection officers appointed under this act; 30(vi) method and manner of deposit, recovery and payment of monetary relief; (vii) rules of procedure for proceedings under this act; and (viii) any other matter in connection with or in relation to this act  statement of objects and reasonsin all patriarchal societies, domestic violence has been used as a most powerful instrument for suppressing rights of women as equal partners in the family structure it assumes different forms and expressions during different periods of history and varies according to region as well as religious and customary practices it is accepted as an intrinsic part of patriarchal ideology without much challenge from any component of this system, which is based on discrimination against women, and denial of their fundamental rights as human beings violence whether domestic or otherwise, by definition, implies force and cruelty both physical as well as mental and is applied from position of power however in case of domestic violence because of inherent inequality, upon which the family structure is based, it acquires social sanction and women are expected to suffer the pain silently, without even questioning in fact, the more she suffers, her status goes up within the society, the classic example being that of burning the widow on her husband's pyre and then defying her as 'sati', building temples for her and worshipping her for centuries to come the issue of domestic violence is also closely linked to the understanding of women's question by the official agencies like the police, the judiciary and the policy makers the different forms of domestic violence and the continuing inequality within family are a reflection of wider processes going on in the society including a general increase in violence, sccial impact of processes of liberation to see domestic violence only in terms of man-woman relationship or nonrelationship would be to miss out the essence of the problem, ie the institutionalised nature of female second class citizenship in this society the role of ideology, the systematic propagation of woman as victim, woman as burden syndrome is equally a part of this institutionalisation it is imperative to put an end to such almost institutionalized violence against women by making specific law against it for the development of a free, democratic and equitable society hence this bill new delhi sarala maheshwari 31-8-2001  memorandum regarding delegated legislationclause 34 of the bill empowers the central government to make rules for the purposes of this bill the rules will relate to matters of details only the delegation of legislative power is of normal character 