(8) "child" means any person below the age of eighteen years and inclades any adopted, step or foster child; (c) "compensation order" means an order granted in terms of section 22; (2) "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; ( "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; - to (g) "domestic violence" has the same meaning as assigned to it in section 3; (a) "dowry" shall have the same meaning as assigned to it in section 2 of the dowry prohibition act, 1961; ; 28 of 1961, (4) "magistrate" means the judicial magistrate of the first class, or as the  case may be, the metropolitan magistrate, exercising jurisdiction under the code ts of criminal procedure, 1973 in the area where the aggrieved person resides 2 of 1974, temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place; (/) "medical facility" means such facility as may be notified by the state government to be a medical facility for the purposes of this act; ao (4) "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; () "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; (n) "protection officer" means an officer appointed by the state government under sub-section (/) of section 8; 30 (0) "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; a (9) "respondent" means any adult male person who is, or has been, in a domeéstic relationship with the aggrieved person and against whom the aggrieved 35° 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 (/) of vo 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 household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted ys by either of them in respect of which either the aggrieved person or the respondent orboth 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 , se (4) "shelter home" means any shelter home as may be notified by the state government to be a shelter home for the purposes of this act-  chapter ii domeestic violence£ 3 for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - | definition    | of    ||---------------|-------|| domestic      | vio-  || lence        |       |(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  10 () 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 aggriéved person or any person related to her by any conduct mentioned in clause (a) or clause (4); or ts (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person explanation |_—for the purposes of this section,— (4) "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; (ii) "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 (5) répeated threats to cause physical pain to any person in whom the aggrieved person is interested, (iv) "economic abuse" includes— 30 (a) deprivation of all or any economic or financial resources to which the aggrieved person isentitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person tequires out of necessity including, but not limited to, household 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 household and maintenance; (5) 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 us explanation i,—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 circumstancs of the case shall be taken into consideration  chapter it powers and duties of protection officers, service providers, etc,information 4, (1) any person who has reason to believe that an act of domestic violence has to protection been, or is being, or is likely to be committed, may give information about it to the wy officer and pgncerned protection officer exclusion of liability of (2) no liability, civil or criminal, shall be incurred by any person for giving in good informant faith of information for the purpose of sub-section (/) duties of 5 a police officer, protection officer, service provider or magistrate who has police received a complaint of domestic violence or is otherwise present at the place of an officers, incident of domestic violence or when the incident of domestic violence is reported to te providers and him, shall inform the aggrieved person— magistrate == (a) of her right to make an application for obtaining a relief by way ofa 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; (6) of the availability of services of service providers, _ ier (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, wherever relevant: 2o 45 of 1860 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 duties of shel- 6 fan aggrieved person or on her behaifa protection officer or a service provider ter homes requests the person in charge of a shelter home to provide shelter to her, such person 25° in charge of the shelter home shall provide shelter to the aggrieved person in the shelter home _o duties of medi- "7, [fan aggrieved person or, on her behalf protection officer or a service provider cal facilities 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 35 person in the medical facility appointment 8 (/) the state government shall, by notification, appoint such number of of protection protection officers in each district as it may consider necessary and shall also notify officers 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 3s (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 duties and 9 () it shall be the duty of the protection officer— : vo functions of   :  wa:  ; protection (a) to assist the magistrate in the discharge of his functions under this act; officers (8) 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 us 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; (@) to ensure that the aggrieved person is provided legal aid under the legal of 1987 s services authorities act, 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; jo (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; (4) 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 1974, 2° of criminal procedure, 1973; () 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 as 10 (/) subject to such rules as may be made in this behalf, any voluntary service providers '1860 association registered under the societies registration act, 1860 ora company registered 1956 under the companies act, 1956 or aty 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 3e state government as a service provider for the purposes of this act (2) a service provider registered under sub-section (/) 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; 3s (b) get the aggrieved person medically examined and forward a copy of the medical report to the protection officer and the police station within thé local limits of which the domestic violence took place; (c) ensure that the aggrieved person is provided shelter in a shelter home, if yo 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 us to be done in the exercise of powers or discharge of functions under this act towards the prevention of the commission of domestic violence (a) the provisions of this act are given wide publicity through public media including the television, radio and the print media at regular intervals; () 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; fo (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 obtaining orders of reliefsis 12 (/) an aggrieved person or a protection officer or any other person on behalf application fo magistrate 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 ao 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 (/) 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: ao 5 of 1908 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, or any other law for the time being in force, be executable for the balance amount, if any, left after such set off 30 (3) every application under sub-section (7) 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 shail endeavour to dispose of every application made under sub-section (/) within a period of sixty days from the date of its first hearing service of notice gea 13 (/) 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 counselling 14, (1) the magistrate may, at any stage of the proceedings under this act, direct us" 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 (/), he shall fix the next date of hearing of the case within a period not exceeding two months se act, the magistrate may secure the services of | assistance    |   of  ||---------------|-------|| welfare       |    2  |& woman, ted to the aggrieved person or not, family welfare as he th proceedings ie id e and i | be      ||---------|| camera |is act in camera bro under ¢ right to rz 17, (1) notwithstanding anything contained in any other law for the time being in | in         ||------------|| household, |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 protection ordeys 18 the magistrate may, after giving the aggrieved person aad the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place oy is itkely 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, ba (b) aiding or abetting in the commission ef 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; : (/) causing violefce to the dependants, other relatives or any person who ive the aggrieved person assistance from domestic violence; iad committing any other act as specified in the protection order 8) cot g p p residence orders,35 19 (/) while disposing of an application under sub-section (/) of section 12, 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; uo (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; _ (4) restraining the respondent from alienating or disposing off the shared ye 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 (5) shall be passed against any person who is a woman (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) shal! be deemed to be an order under chapter 2 of 1974 viii of the code of criminal procedure, 1973 and shall be dealt with accordingly {s (5) while passing an order under sub-section (/), sub-section (2) or sub-section (3), thé 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 behaif in the implementation of the order (6) while making an order under sub-section (/), the magistrate may impose on 20 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 : as , (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 monetary reliefs, ga 20 (1) while disposing of an application under sub-section (7) of section 12, the magistrate may direct the respondent fo pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person asa result of the domestic viclence and such relief may include but is not limited to— (a) the loss of earnings; (5) the medical expenses 3s" (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, ; 2 of 1974 including an order under or in addition to an order of maintenance under section 125 of the,code of criminal procedure, 1973 or any other law for the time being in 4o 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 us"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 (/) 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 (/), to make f payment in terms of the a debtor of the the court a ccrues to the credit of the respondent, (6) upon the & failure on the epee of the respondent order under sub-sec! respondent, to dir portion of the wag which amount may be adjusted towards the mon y relief payable by the respondent 21 notwithstanding anything contained ia a any other law for the time being in custody orders lo 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: le 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 compensation orders 22 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 qo and emotional distress, caused by the acts of domestic violence committed by that respondent 23, (/) in any proceeding before him under this act, the magistrate may pass such interim order as he deems just and proper | power    | to      ||----------|---------|| grant    | interim || and      | ex      || orders  |         |as (2) ifthe 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 section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent go 24, the magistrate shall, in all cases where he has passed any order under this |        | court    | to    | give    ||--------|----------|-------|---------|| copies | of       | order | _       || free   | of       | cost, |         |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 (/) a protection order made under section 18 shall be in force till the aggrieved person applies for discharge | duration    | and    ||-------------|--------|| alteration  | of     || orders     |        |(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 (/) any relief available under sections 18, 19, 20, 21 aad 22 may also be sought - relief in other in any legal proceeding, before a civil court, family court or a criminal court, affecting | suits        | and    ||--------------|--------|| proceedings | -      |the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this act us (2) any relief referred to in sub-section (7) 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 so other than a proceeding under this act, she shali be bound to inform the magistrate of the grant of such relief 27 (1) the court of judicial magistrate of the first class or the metropolitan jurisdiction 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 (1) save as otherwise provided in this act, all proceedings under sections 12, (e procedure, 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 197 (2) nothing in sub-section (/) shail 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 ty 29 there shall lie an appeal to the court of session within thirty days from the appeal 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 vmiscellaneous  lo protection officers and members of 36 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 madé thereunder shall be deemed to be public servants within the meaning of - section 21 of the indian penal code 45 of 16 service providers to be public servants, 31 (1) a breach of protection order, or of an interim protection order, by the 297 respondent shall be an offence under this act and shall be punishable with imprisonment of either description for a ierm which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both : | penalty           | for       ||-------------------|-----------|| breach            | of        || protection        |           || order             | by        || respondent       |           || (2)               |           || the               |           || offence           |           || under             |           || sub-section       |           || (/)               |           || shall             |           || as                |           || far               |           || as                |           || practicable       |           || be                |           || tried             |           || by                |           || the               |           || magistrate        |           || who               |           || had               |           || passed            |           || the               |           || order,            |           || the               |           || breach            |           || of                |           || which             |           || has               |           || been              |           || alleged           |           || to                |           || have              |           || 3¢                |           || been              | caused    || (3)               |           || while             |           || framing           |           || charges           |           || under             |           || sub-section       |           || (/),              |           || the               |           || magistrate        |           || may               |           || also              |           || frame             |           || charges           |           || under             |           || section           |           || 498a              |           || of                |           || the               |           || indian            |           || penal             |           || code              |           || or                |           || any               |           || other             |           || provision         |           || of                |           || that              |           || 45 of             |           || if                |           || code              |           || or                |           || the               |           || dowry             |           || prohibition       |           || act,              |           || 1961,             |           || as                |           || the               |           || case              |           || may               |           || be,               |           || if                |           || the               |           || facts             |           || disclose          |           || the               |           || 28                |           || of                |           || if                |           || commission        |           || of                |           || an                |           || offence           |           || under             |           || those             |           || provisions       |           || 257               |           || cognizance        |           || and               | proof,   || 32,               |           || (1)               |           || notwithstanding   |           || anything          |           || contained         |           || in                |           || the               |           || code              |           || of                |           || criminal          |           || procedure,        |           || 1973,             |           || the               |           || offence           |           || under             |           || sub-section       |           || (/)               |           || of                |           || section           |           || 31                |           || shall             |           || be                |           || cognizable        |           || and               |           || non-              |           || 2                 |           || of                |           || 1%                |           || bailable         |           || (2)               |           || upon              |           || the               |           || sole              |           || testimony         |           || of                |           || the               |           || aggrieved         |           || person,           |           || the               |           || court             |           || may               |           || conclude          |           || that              |           || an                |           || offence           |           || under sub-section |           || (7)               |           || of                |           || section           |           || 31                |           || has               |           || been              |           || committed         |           || by                |           || the               |           || accused,          |           || 4a                |           || 33               |           || if                |           || any               |           || protection        |           || officer           |           || fails             |           || or                |           || refuses           |           || to                |           || discharge         |           || his               |           || duties            |           || as                |           || directed          |           || by                |           || penalty           | for       || not               | discharg- || 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              |           || ing               | duty      || protection,       |           || fine              |           || which             |           || may               |           || extend            |           || to                |           || twenty            |           || thousand          |           || rupees,           |           || or                |           || with              |           || both             |           ||                  | officer  |34, no presecution or other legal proceeding shall le against the protection cognizance cs vee gt wid :    oes _ 0 officer unless a complaint is filed with the previous sanction of the state govsrament commited by or an officer authorised by it in this behalf prote tion of | or     | other    ||--------|----------|| wy     |          || h     |          || action |          || good   | fail     |33 no suit, prosecutio eding shall he against officer for any damage caused or likely to be caused by anything which is in good falth done or intended io be done under this act or any rule or order made thereunder 36 the provisions of this act shall be in addition to, and not in derogation of the act not in provisions of any other law, for the time being in force ; gerogation of any other law, 37, (1) the centra! government may, by notification, make rules for carrying out power of fo the provisions of this act central government (2) in particular, and without prejudice to the generality of the foregoing power, to make rules such rules may provide for all or any of the following matters, namely:— (a) the oualifications and experience which a protection officer shall possess under sub-section (2) of section 8; is (8) 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 (6) of sub-section (/) of section 9; (d) the form and the manner in which an application for protection order may ao be made to the magistrate under clause (c) of sub-section (/) of section 9; (e) the form in which a complaint is to be filed under clause (d) of subsection (/) of section 9; : (4) the other duties to be performed by the provection officer under clause (/) of sub-section (/} of section 9; (g) the rules regulating registration of service providers under sub-section as (/) of section 10; (a) the form in which an application under sub-section (/) 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; 30 (8) the means of serving notices under sub-section (7) of section 13; (/) the form of declaration of service of notice to be made by the protection officer under sub-section (2) of section 13; (4) the qualifications and experience in counselling which a member of the service provider shall possess under sub-section (/) of section 14; 3s () 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 4e 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 us modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsdomestic violence is undoubtedly a human rights issue and serious deterrent to development the vienna accord of 1994 and the beijing declaration and the platform for action (1995) have acknowledged this the united nations committee on convention on elimination of all forms of discrimination against women (cedaw) in its general recommendation no xii (1989) has recommended that state parties should act to protect women against violence-of any kind especially that occurring within the family 2, the phenomenon of domestic violence is widely prevalent but has remained largely invisible in the public domain presently, where a woman is subjected to cruelty by her husband or his relatives, it is an offence under section 498a of the indian penal code the civil law does not however address this phenomenon in its entirety 3 it is, therefore, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurance of domestic violence in the society 4 the bill, fater alia, seeks to provide for the following: - (i) it covers those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or through a relationship in the nature of marriage or adoption - in addition, relationships with family members living together as a joint family are also included even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to legal protection under the proposed legislation " however, whereas the bill enables the wife or the female living in a relationship in the nature of marriage fo file a complaint under the proposed enactment against any relative of the husband or the male partner, it does not enable any female relative of the husband or the male partner to file a complaint against the wife or the female partner (ii) it defines the expression "domestic violence" to include actual abuse or threat or abuse that is physical, sexual, verbal, emotional or economic harassmentby way of unlawful dowry demands to the woman or her relatives would also be covered under this definition (iii) it provides for the rights of worhen to secure housing, it also provides for the right of a woman to reside in her matrimonial home or shared household, whether or not she has any title or rights in such home or household this right is secured by a residence order, which is passed by the magistrate (iv) it empowers the magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violenice to the aggrieved person, her relatives or others who provide her assistance from the domestic violence (v) it provides for appointment of protection officers and registration of nongovernmental organisations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal sid, safe shelier, etc  ' 5 the bill seeks to achieve the above objects the notes on clauses explain the various provisions contained in the bill new dewy; arjun singh the \2th august, 2005   noles on clausesclause |—~this clause provides for the short title, extent and ment of the proposed legisiation the proposed legislation wil! extend to the whole of india except to the state of jaramu and kashmir in the area of protection of women who are victims of violenve of any kind occurring within the family as adequate steps have to be taken for administer ing the provisions of the bill, provision has been made empowering the central government to appoint the date of commencement of the proposed legislation, by notification in the official gazette,  : clause 2-—-this clause defines the various expressions eccurring in the proposed legislation the definitions of "agetieved person", "domestic relationship", "domestic violence", "monetary relief', "protection officer", "protection order", "residence order", "respondent", "service provider" and "shared household" are some of them, as per the proposed legislation, any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to act of domestic violence by the respondent is an aggrieved person the expression "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together ina shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are members of a family living together as a joint family the word "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 the proposed legislation provided that an aggrieved wife or fémale living in " arelationship in the nature of marriage may also file a complaint under the proposed legislation against a relative of the husband or male parmer clause 3—this clause defines the expression "domestic violence", any act, omission or commission or conduct of the respondent shall amount to domestic violence in certain circumstances, it includes causing physical abuse, sexual abuse, verbal and emotional or economic abuse which are also explained in the clause in determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence", the overall facts and circumstances of the case shall be a guiding factor  ' clause 4—this clause seks to provide that any person who has reason to believe that an act of domestic violence has been or is being committed, such person may inform the protection officer it also lays down that the person who is providing the information in good faith shall be exempt from any civil or criminal liability for giving such information ; clause 5—this clause lays down the duties of a police officer, protection officer, service provider and the magistrate to inform the aggrieved person of her right to make an application for one or more reliefs under the proposed legislation, the availability of services of service providers and protection officers, her right to avail free legal services under the legal services authorities act, 1987 and her right to file a complaint under section 498a of the indian penal code, wherever relevant it is also envisaged that this clause shall not relieve any police officer from his duty to proceed in accordance with law on receipt of information as to commission of a cognizable offence clause 6—this clause seeks to provide that the person in charge of a shelter home shall be bound to provide shelter to the aggrieved person on being requested by the aggrieved person or, on her behalf by a protection officer or a service provider clause 7—this clause seeks to provide that the person in charge of the medical facility shall be bound to provide medical aid to the aggrieved person if requested by her or on her behalf by a protection officer or'a service provider clause 8—-this clause empowers the state government to appoint, by notification in the official gazette, such number of protection officers in each district as it considers necessary and also to notify the area in which such protection officer shall exercise the powers conferred and discharge the duties imposed under the proposed legislation it also provides that the protection officers shail, as far as possible, be women and shall possess such qualifications and experience as may be laid down by the central goverament, by rales the terms and conditions of service of the protection officer and the other officers subordinate to hirn may also be regulated by rules ctions of the protection officers is functions under the the protect & proposed legilsation, make a do gil nit report to the magistrate, make an application to the magistrate if the aggrieved person so desires praying for issuance of a protection order, ensure legal aid to the aggrieved person under the legal services authorities act, 1987, maintain a list of service providers, make available a safe shelter home if the aggrieved person so requires, get the aggrieved person medically examined if she has sustained bodily injuries, ensure that the order for monetary relief under section 20 of the proposed legislation is complied with and executed in accordance with the provisions of the code of criminal procedure, 1973, and perform such other duties as may be laid down by the central government, by rules li also stipulates that the protection officer shall be under the control and supervision of the magistrate and perform the duties assigned to him by the magistrate and the government by or under the proposed legislation clause \0—this clause provides for the registration of certain entities with the state government as a service provider for the purposes of the proposed jegislation any voluntary association registered under the societies registration act, 1860 or a company registered under the companies act, 1956 or under any other law, having the objective of protecting the vights and interests of women by lavefi:l means including providing legal aid, medical, financial _ or other assistance shall be eligible to be registeréd under the proposed legislation as per the procedure laid down by rules this clause also enumerates the powers of a service provider such powers include the power to record the domestic incident report, to get the aggrieved person medically examined and to ensure that the aggrieved person is provided shelter in a shelter home, ifshe so requires this clause firther provides immunity to the service provider or any member of the service provider for anything done or intended to be done in good faith under the proposed legislation, from any suit, prosecution or other legal proceeding clause 1 1-—this clause stipulates the duties of the central government and the state governments these duties are to give wide publicityto the provisions of the proposed legislation, to give sensitization and awareness training on the issues addressed by the proposed legislation to government officers including palice officers and members of judicial sétvice, to ensure effective coordination between ministries and departments dealing with law, home affairs, law and order, health and human resources in the services provided by them on the issues of domestic violence and to put in place protocols for the ministries and courts concerned with the delivery of serviess to women under the provisions of the proposed legislation clause 12—this clause lays down that the aggrieved person or 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 the proposed legisiation including order for payment of compensation or damages witheut prejudice to the rights of such person to institute a suit for compensation or damages for the injuries sustained in the act of domestic violence committed by the respondent while disposing of an application under sub-clause (1), the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider the amount paid or payable to the aggrieved person by an order made by the magistrate under the propesed legislation hall be set off against the amount of decree of compensation or damages passed by any court a1 favour of the aggrieved person: sub-clause (3) provides the format and particulars of the application under this clause shall be as searly es possible to the format laid down by the ni (5) provide that the magistrate chall fix the giret date of hearing of the application © y within three days of ifs receipt and shall endeavour to dispose of every application within sixty days of the first hearing clause 13—thig clause provides that a rotice of the date of hearing of 82 application for relief shalt be given by the magistrate to 1 @ protection officer who shall got jy served by such means as may be prescribed by the central government ef the fespondent and on any other person wi thina maximum period of two days or such farther reasonable time as may be allowed by the mavistrate, a declaration of service of notices made by:the protection officer in the form sep out by the central government by rulesshalt be a proof of service of rotice, | down by the central government, by rules, where any counselling has been ordered tinder this clause, the magistrate shall fix the next date of hearing of the case within a period not exceeding two months, clause 15—this clause stipulates that the magistrate may secure the services of a suitable person preferably a woman whether related to the aggrieved petson or not, including a person engaged in promoting family welfare for the purposes of assisting the court in the discharge of its functions, clause 18—thig clause provides that the magistrate may, after giving the aggrieved person and the tespondent ah cpportunity of being heard and on being primg facie satisfied ofa bond bythe respondent for prevention of the domestic violence, sub-clause (5) empowers em: agistrate to pass an order directing the officer in charge of the soncemed police station' to give protection to the aggrieved person of to assist in ji plementation of the tesidence order it is also provided in this clause that the magistrate may impose on the respondent an obligation to discharge rent and other payments and to direct the respondent to retum to the aggrieved person her stridhan or any other property or valuable security to which she is - entitled clause 20—this clause empowers the magistrate to pass orders for grant of monetary relief to the aggrieved person from the respondent to meet the expenses incurred and losses suffered including loss of eamings, medical expenses, loss to property and maintenance of the aggrieved person and her children including maintenance under, or in addition, to section 125 of the code of criminal procedure, 1973 or any other law for the time being in force subclause (2) provides that the monetary relief shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed this clause also empowers the magistrate to order lump sum or monthly payments for maintenance subclause (6) provides that on the failure of the respondent to make payments of the monetary relief, 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 respondent _ : clause 21—this clause lays down that 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 grant of any relief, grant temporary custody of any child to the aggrieved person or to the person making an application on her behalf and specify the arrangements for visit of such child by the respondent, however, the magistrate may refuse to allow such visits if in his opinion such visits may be harmful to the interests of the child clause 22—this clause lays down that in addition to other reliefs which may be granted under the proposed legislation, the magistrate may, on an application by the aggrieved person, pass an order directing the respondent to pay compensation or damages or both to the aggrieved person for the injuries including for the mental torture and emotional distress caused to her by domestic violence by the respondent : clause 23—this clause provides for grant of interim orders by the magsistrate he may also pass ex parte orders on the basis of affidavits given by the aggrieved person clause 24—this clause provides for supply of copies of orders passed by the magistrate free of chargeto the parties to the application, the concerned police officer rand the service provider clause 25—this clause lays down that a protection order given under the proposed legislation shall be in force till the aggrieved person applies for its discharge in case there is a change in the circumstances of a case, the magistrate may, on application made by the aggrieved person or the respondent pags an order altering, modifying or revoking any order made under the proposed legislation clause 26—this clause provides that any relief available under the proposed legislation may also be sought in any legal proceeding before a civil court, family court or a criminal court and that any relief which may be granted under the proposed legislation may be sought for in addition to and along with reliefs sought for in a suit or legal proceeding before a civil or criminal court sub-clause (3) lays down that the aggrieved person shall be bound to  inform the magistrate of the reliefs obtained by her in any proceeding other than proceedings under the proposed legislation clause27—this clause lays down that the magistrate, within the local limits of whose jurisdiction the aggrieved person permanently or temporarily resides or carries on business or is employed or the respondent resides or carries on business or is employed or the cause of action has arisen, shall be the competent magistrate to grant protection orders and other orders and to try offences under the proposed legislation sub-clause (2) provides that any order made under the proposed legislation shall be enforceable throughout india clause 28—this clause provides that proceedings under the proposed legislation felating to application and orders for reliefs and offence of breach of protection order or interim protection order by the respondent shall be &0verned by the provisions of the code of criminal procedure, 1973, sub-clause (2) envisages that the court inay lay down its own procedure for disposal of applications for any relief or for ex parte order, clause 29—this clause provides that an appeal from the order nade by the magistrate shall lie to the court of session within thirty days from the daie of service of the order on the aggrieved person or the respondent, whichever is later clause 30—this clause seeks to provide that the protection officer and members of service providers shall be deemed to be public servants within the meaning of section 2] of the indian penal code while acting or purporting to act under any of the provisions of the proposed legislation or the tules or orders made thereunder : punishable with imprisonment of either description which may extend to one year or with fine which may extend to twenty thousand tupees or with both, sub-clause (2) provides that the offence of breach of protection order or interim protection order shall be tried as far as practicable by the magistrate who had passed the order which is alleged to have been of any offence under those provisions, clause 32—this clause lays down that the offence of breach of protection order by the respondent shall be a cognizable and non-bailable offence and the court may conclude that the offence has been committed on the sole testimony of the aggrieved person, clause 33—this clause provides that any protection officer who fails or refuses to discharge his duties as directed by the magistrate in the protection order he shall be punished with imprisonment of, either description which may extend to one year or with fine which may clause 34— this clause provides that no prosecution or other legal proceeding shal] lie against the protection officer except on a complaint filed with the previous sanction of the: state government or an officer authorised by the state government for the purpose, clause 35—this clause provides that no suit, prosecution or other legal proceeding tule or order made thereunder, shall lie against the protection officer for any damage caused or likely to be caused by anything done or intended to be done in good faith under the proposed legislation or any  financial memorandumclause 8 of the bill seeks to empower the state government to appoint such number of protection officers in each disirict as it considers necessary, to exercise the powers and perform the duties conferred on him by or under this act serving officers can also be designated as protection officers uiider the proposed legislation the expenditure in this regard is to be borne by the respective state government  2 the state government in respect ofa union territory is the central government ifan officer other than a serving officer is appointed as the protection officer, some recurring, expenditure will be involved in regard to payment of salary and allowances to such officer some office expenditure of a negligible nature may also be involved the exact amount of such expenditure would depend upon the number of protection officers as may be appointed 3 there shall be no other expenditure of arecurring or non-recurring nature  memorandum regarding delegated4 te clause 37 of the bill empowers the central government to maks mies to carry out the provisions of the proposed legislation, sub-clause (2) of that clause enumerates the makers inrespect of which rules may be made under the said clause, these matiers, infer alia, relate io the qualifications and experience which a protection officer shall possess, the terms and conditions of service of the protection officers and the other officers subordinate to him, the form and mamner in which a domestic incident report may be made, the form in which arid the manner in which an application for protection order may be made to the magistrate, the form in which a complaint is to be filed, the duties to be performed by the protection officer, the rules regulating registration of service providers, the forma in which an application under subsection (1) of section 12 of the proposed enactment seeking reliefs under it may be made and the particulars which such application shail contain, the means-of serving nétices, the form of declaration of service of notice to be made by the protection officer, the qualifications and experience'in counselling which a-member of the service provider shall possess and'the form in which an affidavit may be filed by the aggrieved person under sub-section (2) of proposed section 23 sub-clause (3) provides that the rules made under the proposed legislation shall be required to be laid before parliament 2 the aforesaid matters relate to procedure or administrative details and it is not practicable to provide for them: in the bill itself the delégation of legislative power is, therefore, ofa normal character, : ~~ , 