PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

Preamble 1 - THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,

2005

THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

[Act No. 43 of 2005]

[13th September, 2005]

PREAMBLE

An Act to provide for more effective protection of the rights of women guaranteed under the
Constitution who are victims of violence of any kind occurring within the family and for matters
connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

Section 1 - Short title, extent and commencement

(1) This Act may be called the Protection of Women from Domestic Violence Act,
2005.

(2) It extends to the whole of India 2[***].

(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.1

________________________________________________

1. Enforcement date for the Act as per the notification No: S.O. 1776(E) issued by the Ministry
of Women and Child Development is 26.10.2006.

2. Omitted by Jammu And Kashmir Reorganisation Act, 2019, w.e.f. 31.10.2019 the previous
text was:-

"except the State of Jammu and Kashmir"

Section 2 - Definitions

In this Act, unless the context otherwise requires,-

(a) "aggrieved person" means any woman who is, or has been, in a domestic
relationship with the respondent and who alleges to have been subjected to
any act of domestic violence by the respondent;

(b) "child" means any person below the age of eighteen years and includes
any adopted, step or foster child;

(c) "compensation order" means an order granted in terms of section 22;

(d) "custody order" means an order granted in terms of section 21;

(e) "domestic incident report" means a report made in the prescribed form on
receipt of a complaint of domestic violence from an aggrieved person;

(f) "domestic relationship" means a relationship between two persons who live
or have, at any point of time, lived together in a shared household, when they
are related by consanguinity, marriage, or through a relationship in the nature
of marriage, adoption or are family members living together as a joint family;

(g) "domestic violence" has the same meaning as assigned to it in section 3;

(h) "dowry" shall have the same meaning as assigned to it in section 2 of the
Dowry Prohibition Act, 1961;

(i) "Magistrate" means the Judicial Magistrate of the first class, or as the case
may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of
Criminal Procedure, 1973 in the area where the aggrieved person resides
temporarily or otherwise or the respondent resides or the domestic violence is
alleged to have taken place;

(j) "medical facility" means such facility as may be notified by the State
Government to be a medical facility for the purposes of this Act;

(k) "monetary relief" means the compensation which the Magistrate may
order the respondent to pay to the aggrieved person, at any stage during the
hearing of an application seeking any relief under this Act, to meet the
expenses incurred and the losses suffered by the aggrieved person as a result
of the domestic violence;

(l) "notification" means a notification published in the Official Gazette and the
expression "notified" shall be construed accordingly;

(m) "prescribed" means prescribed by rules made under this Act;

(n) "Protection Officer" means an officer appointed by the State Government

under sub-section (1) of section 8;

(o) "protection order" means an order made in terms of section 18;

(p) "residence order" means an order granted in terms of sub-section (1) of

section 19;

(q) "respondent" means any adult male person who is, or has been, in a
domestic relationship with the aggrieved person and against whom the
aggrieved person has sought any relief under this Act:

Provided that an aggrieved wife or female living in a relationship in the

nature of a marriage may also file a complaint against a relative of the
husband or the male partner.

(r) "service provider" means an entity registered under sub-section (1) of

section 10;

(s) "shared household" means a household where the person aggrieved lives
or at any stage has lived in a domestic relationship either singly or along with
the respondent and includes such a household whether owned or tenanted
 either jointly by the aggrieved person and the respondent, or owned or
tenanted by either of them in respect of which either the aggrieved person or
the respondent or both jointly or singly have any right, title, interest or equity
and includes such a household which may belong to the joint family of which
the respondent is a member, irrespective of whether the respondent or the
aggrieved person has any right, title or interest in the shared household.

(t) "shelter home" means any shelter home as may be notified by the State
Government to be a shelter home for the purposes of this Act.

Section 3 - Definition of domestic violence

For the purposes of this Act, any act, omission or commission or conduct of the
respondent shall constitute domestic violence in case it -

(a) harms or injures or endangers the health, safety, life, limb or well-being,
whether mental or physical, of the aggrieved person or tends to do so and
includes causing physical abuse, sexual abuse, verbal and emotional abuse
and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to
coerce her or any other person related to her to meet any unlawful demand
for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to
her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the

aggrieved person.

Explanation I.--For the purposes of this section,--

(i) "physical abuse" means any act or conduct which is of such a nature as to
cause bodily pain, harm, or danger to life, limb, or health or impair the health
or development of the aggrieved person and includes assault, criminal
intimidation and criminal force;

(ii) "sexual abuse" includes any conduct of a sexual nature that abuses,
humiliates, degrades or otherwise violates the dignity of woman;

(iii) "verbal and emotional abuse" includes-

(a) insults, ridicule, humiliation, name calling and insults or ridicule specially
with regard to not having a child or a male child; and

(b) repeated threats to cause physical pain to any person in whom the
aggrieved person is interested.

(iv) "economic abuse" includes-

(a) deprivation of all or any economic or financial resources to which the

aggrieved person is entitled under any law or custom whether payable
under an order of a court or otherwise or which the aggrieved person
requires out of necessity including, but not limited 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;

(b) disposal of household effects, any alienation of assets whether movable

or immovable, valuables, shares, securities, bonds and the like or other
 property in which the aggrieved person has an interest or is entitled to use
by virtue of the domestic relationship or which may be reasonably required
by the aggrieved person or her children or her stridhan or any other
property jointly or separately held by the aggrieved person; and

(c) prohibition or restriction to continued access to resources or facilities

which the aggrieved person is entitled to use or enjoy by virtue of the
domestic relationship including access to the shared household.

Explanation II.--For the purpose of determining whether any act, omission,

commission or conduct of the respondent constitutes "domestic violence" under
this section, the overall facts and circumstances of the case shall be taken into
consideration.

Section 4 - Information to Protection Officer and exclusion of liability of

Informant

(1) Any person who has reason to believe that an act of domestic violence has
been, or is being, or is likely to be committed, may give information about it to
the concerned Protection Officer.

(2) No liability, civil or criminal, shall be incurred by any person for giving in good
faith of information for the purpose of sub-section (1).

Section 5 - Duties of police officers, service providers and Magistrate

A police officer, Protection Officer, service provider or Magistrate who has

received a complaint of domestic violence or is otherwise present at the place of
an incident of domestic violence or when the incident of domestic violence is
reported to him, shall inform the aggrieved person-

(a) of her right to make an application for obtaining a relief by way of a

protection order, an order for monetary relief, a custody order, a residence
order, a compensation order or more than one such order under this Act;

(b) of the availability of services of service providers;

(c) of the availability of services of the Protection Officers;

(d) of her right to free legal services under the Legal Services Authorities Act,
1987;

(e) of her right to file a complaint under section 498A of the Indian Penal
Code, wherever relevant;

Provided that nothing in this Act shall be construed in any manner as to

relieve a police officer from his duty to proceed in accordance with law
upon receipt of information as to the commission of a cognizable offence.

Section 6 - Duties of shelter homes

If an aggrieved person or on her behalf a Protection Officer or a service provider

requests the person in charge of a shelter home to provide shelter to her, such person
in charge of the shelter home shall provide shelter to the aggrieved person in the
shelter home.

Section 7 - Duties of medical facilities

If an aggrieved person or, on her behalf a Protection Officer or a service provider

requests the person in charge of a medical facility to provide any medical aid to her,
such person in charge of the medical facility shall provide medical aid to the aggrieved
person in the medical facility.

Section 8 - Appointment of Protection Officers

(1) The State Government shall, by notification, appoint such number of

Protection Officers in each district as it may consider necessary and shall also
notify the area or areas within which a Protection Officer shall exercise the
powers and perform the duties conferred on him by or under this Act.

(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,

Section 9 - Duties and functions of Protection Officers

(1) It shall be the duty of the Protection Officer-

(a) to assist the Magistrate in the discharge of his functions under this Act;

(b) to make a domestic incident report to the Magistrate, in such form and in
such manner as may be prescribed, upon receipt of a complaint of domestic
violence and forward copies thereof to the police officer in charge of the police
station within the local limits of whose jurisdiction domestic violence is alleged
to have been committed and to the service providers in that area;

(c) to make an application in such form and in such manner as may be

prescribed to the Magistrate, if the aggrieved person so desires, claiming relief
for issuance of a protection order;

(d) to ensure that the aggrieved person is provided legal aid under the Legal
Services Authorities Act, 1987(39 of 1987) and make available free of cost the
prescribed form in which a complaint is to be made;

(e) to maintain a list of all service providers providing legal aid or counselling,
shelter homes and medical facilities in a local area within the jurisdiction of
the Magistrate;

(f) to make available a safe shelter home, if the aggrieved person so requires
and forward a copy of his report of having lodged the aggrieved person in a
shelter home to the police station and the Magistrate having jurisdiction in the
area where the shelter home is situated;

(g) to get the aggrieved person medically examined, if she has sustained
bodily injuries and forward a copy of the medical report to the police station
 and the Magistrate having jurisdiction in the area where the domestic violence
is alleged to have been taken place;

(h) to ensure that the order for monetary relief under section 20 is complied
with and executed, in accordance with the procedure prescribed under the
Code of Criminal Procedure, 1973(2 of 1974);

(i) to perform such other duties as may be prescribed.

(2) The Protection Officer shall be under the control and supervision of the
Magistrate, and shall perform the duties imposed on him by the Magistrate and
the Government by, or under, this Act.

Section 10 - Service providers

(1) Subject to such rules as may be made in this behalf, any voluntary
association registered under the Societies Registration Act, 1860(21 of 1860) or a
company registered under the Companies Act, 1956 or any other law for the time
being in force with the objective of protecting the rights and interests of women
by any lawful means including providing of legal aid, medical, financial or other
assistance shall register itself with the State Government as a service provider
for the purposes of this Act.

(2) A service provider registered under sub-section (1) shall have the power to-

(a) record the domestic incident report in the prescribed form if the aggrieved
person so desires and forward a copy thereof to the Magistrate and the
Protection Officer having jurisdiction in the area where the domestic violence
took place;

(b) get the aggrieved person medically examined and forward a copy of the
medical report to the Protection Officer and the police station within the local
limits of which the domestic violence took place;

(c) ensure that the aggrieved person is provided shelter in a shelter home, if
she so requires and forward a report of the lodging of the aggrieved person in
the shelter home to the police station within the local limits of which the
domestic violence took place.

(3) No suit, prosecution or other legal proceeding shall lie against any service
provider or any member of the service provider who is, or who is deemed to be,
acting or purporting to act under this Act, for anything which is in good faith done
or intended to be done in the exercise of powers or discharge of functions under
this Act towards the prevention of the commission of domestic violence.

Section 11 - Duties of Government

The Central Government and every State Government, shall take all measures to
ensure that-

(a) the provisions of this Act are given wide publicity through public media
including the television, radio and the print media at regular intervals;

(b) the Central Government and State Government officers including the
police officers and the members of the judicial services are given periodic
sensitization and awareness training on the issues addressed by this Act;
 (c) effective co-ordination between the services provided by concerned
Ministries and Departments dealing with law, home affairs including law and
order, health and human resources to address issues of domestic violence is
established and periodical review of the same is conducted;

(d) pools for the various Ministries concerned with the delivery of services to
women under this Act including the courts are prepared and put in place.

Section 12 - Application to Magistrate

(1) An aggrieved person or a Protection Officer or any other person on behalf of

the aggrieved person may present an application to the Magistrate seeking one
or more reliefs under this Act:

Provided that before passing any order on such application, the Magistrate
shall take into consideration any domestic incident report received by him
from the Protection Officer or the service provider.

(2) The relief sought for under sub-section (1) may include a relief for issuance of
an order for payment of compensation or damages without prejudice to the right
of such person to institute a suit for compensation or damages for the injuries
caused by the acts of domestic violence committed by the respondent:

Provided that where a decree for any amount as compensation or damages

has been passed by any court in favour of the aggrieved person, the amount,
if any, paid or payable in pursuance of the order made by the Magistrate
under this Act shall be set off against the amount payable under such decree
and the decree shall, notwithstanding anything contained in the Code of Civil
Procedure, 1908(5 of 1908), or any other law for the time being in force, be
executable for the balance amount, if any, left after such set off.

(3) Every application under sub-section (1) shall be in such form and contain
such particulars as may be prescribed or as nearly as possible thereto.

(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be
beyond three days from the date of receipt of the application by the court.

(5) The Magistrate shall endeavour to dispose of every application made under
sub-section (1) within a period of sixty days from the date of its first hearing.

Section 13 - Service of notice

(1) A notice of the date of hearing fixed under section 12 shall be given by the
Magistrate to the Protection Officer, who shall get it served by such means as
may be prescribed on the respondent, and on any other person, as directed by
the Magistrate within a maximum period of two days or such further reasonable
time as may be allowed by the Magistrate from the date of its receipt.

(2) A declaration of service of notice made by the Protection Officer in such form
as may be prescribed shall be the proof that such notice was served upon the
respondent and on any other person as directed by the Magistrate unless the
contrary is proved.

Section 14 - Counseling
 (1) The Magistrate may, at any stage of the proceedings under this Act, direct
the respondent or the aggrieved person, either singly or jointly, to undergo
counseling with any member of a service provider who possess such
qualifications and experience in counseling as may be prescribed.

(2) Where the Magistrate has issued any direction under sub-section (1), he shall
fix the next date of hearing of the case within a period not exceeding two
months.

Section 15 - Assistance of welfare expert

In any proceeding under this Act, the Magistrate may secure the services of such
person, preferably a woman, whether related to the aggrieved person or not, including
a person engaged in promoting family welfare as he thinks fit, for the purpose of
assisting him in discharging his functions.

Section 16 - Proceedings to be held in camera

If the Magistrate considers that the circumstances of the case so warrant, and if either
party to the proceedings so desires, he may conduct the proceedings under this Act in
camera.

Section 17 - Right to reside in a shared household

(1) Notwithstanding anything contained in any other law for the time being in
force, every woman in a domestic relationship shall have the right to reside in the
shared household, whether or not she has any right, title or beneficial interest in
the same.

(2) The aggrieved person shall not be evicted or excluded from the shared
household or any part of it by the respondent save in accordance with the
procedure established by law.

Section 18 - Protection orders

The Magistrate may, after giving the aggrieved person and the respondent an
opportunity of being heard and on being prima facie satisfied that domestic
violence has taken place or is likely to take place, pass a protection order in
favour of the aggrieved person and prohibit the respondent from-

(a) committing any act of domestic violence;

(b) aiding or abetting in the commission of acts of domestic violence;

(c) entering the place of employment of the aggrieved person or, if the person
aggrieved is a child, its school or any other place frequented by the aggrieved
person;

(d) attempting to communicate in any form, whatsoever, with the aggrieved

person, including personal, oral or written or electronic or telephonic contact;
 (e) alienating any assets, operating bank lockers or bank accounts used or
held or enjoyed by both the parties, jointly by the aggrieved person and the
respondent or singly by the respondent, including her stridhan or any other
property held either jointly by the parties or separately by them without the
leave of the Magistrate;

(f) causing violence to the dependants, other relatives or any person who give
the aggrieved person assistance from domestic violence;

(g) committing any other act as specified in the protection order.

Section 19 - Residence orders

(1) While disposing of an application under sub-section (1) 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;

(b) directing the respondent to remove himself from the shared household;

(c) restraining the respondent or any of his relatives from entering any portion
of the shared household in which the aggrieved person resides;

(d) restraining the respondent from alienating or disposing off the shared
household or encumbering the same;

(e) restraining the respondent from renouncing his rights in the shared
household except with the leave of the Magistrate; or

(f) directing the respondent to secure same level of alternate accommodation

for the aggrieved person as enjoyed by her in the shared household or to pay
rent for the same, if the circumstances so require:

Provided that no order under clause (b) shall be passed against any person
who is a woman.

(2) The Magistrate may impose any additional conditions or pass any other
direction which he may deem reasonably necessary to protect or to provide for
the safety of the aggrieved person or any child of such aggrieved person.

(3) The Magistrate may require from the respondent to execute a bond, with or
without sureties, for preventing the commission of domestic violence.

(4) An order under sub-section (3) shall be deemed to be an order under Chapter
VIII of the Code of Criminal Procedure, 1973(2 of 1974) and shall be dealt with
accordingly.

(5) While passing an order under sub-section (1), sub-section (2) or sub-section
(3), the court may also pass an order directing the officer in charge of the
nearest police station to give protection to the aggrieved person or to assist her
or the person making an application on her behalf in the implementation of the
order.

(6) While making an order under sub-section (1), the Magistrate may impose on
the respondent obligations relating to the discharge of rent and other payments,
having regard to the financial needs and resources of the parties.
 (7) The Magistrate may direct the officer in-charge of the police station in whose
jurisdiction the Magistrate has been approached to assist in the implementation
of the protection order.

(8) The Magistrate may direct the respondent to return to the possession of the
aggrieved person her stridhan or any other property or valuable security to which
she is entitled to.

Section 20 - Monetary reliefs

(1) While disposing of an application under sub-section (1) of section 12, the
Magistrate may direct the respondent to pay monetary relief to meet the
expenses incurred and losses suffered by the aggrieved person and any child of
the aggrieved person as a result of the domestic violence and such relief may
include but is not limited to-

(a) the loss of earnings;

(b) the medical expenses;

(c) the loss caused due to the destruction, damage or removal of any property
from the control of the aggrieved person; and

(d) the maintenance for the aggrieved person as well as her children, if any,
including an order under or in addition to an order of maintenance under
section 125 of the Code of Criminal Procedure, 1973 or any other law for the
time being in force.

(2) The monetary relief granted under this section shall be adequate, fair and
reasonable and consistent with the standard of living to which the aggrieved
person is accustomed.

(3) The Magistrate shall have the power to order an appropriate lump sum
payment or monthly payments of maintenance, as the nature and circumstances
of the case may require.

(4) The Magistrate shall send a copy of the order for monetary relief made under
sub-section (1) to the parties to the application and to the in charge of the police
station within the local limits of whose jurisdiction the respondent resides.

(5) The respondent shall pay the monetary relief granted to the aggrieved person
within the period specified in the order under sub-section (1).

(6) Upon the failure on the part of the respondent to make payment in terms of
the order under sub-section (1), the Magistrate may direct the employer or a
debtor of the respondent, to directly pay to the aggrieved person or to deposit
with the court a portion of the wages or salaries or debt due to or accrued to the
credit of the respondent, which amount may be adjusted towards the monetary
relief payable by the respondent.

Section 21 - Custody orders

Notwithstanding anything contained in any other law for the time being in force,
the Magistrate may, at any stage of hearing of the application for protection
order or for any other relief under this Act grant temporary custody of any child
or children to the aggrieved person or the person making an application on her
 behalf and specify, if necessary, the arrangements for visit of such child or
children by the respondent:

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.

Section 22 - Compensation orders

In addition to other reliefs as may be granted under this Act, the Magistrate may on an
application being made by the aggrieved person, pass an order directing the
respondent to pay compensation and damages for the injuries, including mental torture
and emotional distress, caused by the acts of domestic violence committed by that
respondent,

Section 23 - Power to grant interim and ex parte orders

(1) In any proceeding before him under this Act, the Magistrate may pass such
interim order as he deems just and proper.

(2) If the Magistrate is satisfied that an application prima facie discloses that the
respondent is committing, or has committed an act of domestic violence or that
there is a likelihood that the respondent may commit an act of domestic violence,
he may grant an ex parte order on the basis of the affidavit in such form, as may
be prescribed, of the aggrieved person under section 18, section 19, section 20,
section 21 or, as the case may be, section 22 against the respondent.

Section 24 - Court to give copies of order free of cost

The Magistrate shall, in all cases where he has passed any order under this Act, order
that a copy of such order, shall be given free of cost, to the parties to the application,
the police officer in-charge of the police station in the jurisdiction of which the
Magistrate has been approached, and any service provider located within the local limits
of the jurisdiction of the court and if any service provider has registered a domestic
incident report, to that service provider.

Section 25 - Duration and alteration of orders

(1) A protection order made under section 18 shall be in force till the aggrieved
person applies for discharge.

(2) If the Magistrate, on receipt of an application from the aggrieved person or

the respondent, is satisfied that there is a change in the circumstances requiring
alteration, modification or revocation of any order made under this Act, he may,
for reasons to be recorded in writing pass such order, as he may deem
appropriate.

Section 26 - Relief in other suits and legal proceedings

 (1) Any relief available under sections 18, 19, 20, 21 and 22 may also be sought
in any legal proceeding, before a civil court, family court or a criminal court,
affecting the aggrieved person and the respondent whether such proceeding was
initiated before or after the commencement of this Act.

(2) Any relief referred to in sub-section (1) may be sought for in addition to and
along with any other relief that the aggrieved person may seek in such suit or
legal proceeding before a civil or criminal court.

(3) In case any relief has been obtained by the aggrieved person in any
proceedings other than a proceeding under this Act, she shall be bound to inform
the Magistrate of the grant of such relief.

Section 27 - Jurisdiction

(1) The court of Judicial Magistrate of the first class or the Metropolitan
Magistrate, as the case may be, within the local limits of which-

(a) the person aggrieved permanently or temporarily resides or carries on

business or is employed; or

(b) the respondent resides or carries on business or is employed; or

(c) the cause of action has arisen,

shall be the competent court to grant a protection order and other orders under
this Act and to try offences under this Act.

(2) Any order made under this Act shall be enforceable throughout India.

Section 28 - Procedure

(1) Save as otherwise provided in this Act, all proceedings under sections 12, 18,
19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the
provisions of the Code of Criminal Procedure, 1973(2 of 1974).

(2) Nothing in sub-section (1) shall prevent the court from laying down its own
procedure for disposal of an application under section 12 or under sub-section (2)
of section 23.

Section 29 - Appeal

There shall lie an appeal to the Court of Session within thirty days from the date on
which the order made by the Magistrate is served on the aggrieved person or the
respondent, as the case may be, whichever is later.

Section 30 - Protection Officers and members of service providers to be public

servants
The Protection Officers and members of service providers, while acting or purporting to
act in pursuance of any of the provisions of this Act or any rules or orders made
thereunder shall be deemed to be public servants within the meaning of section 21 (45
of 1860) of the Indian Penal Code.

Section 31 - Penalty for breach of protection order by respondent

(1) A breach of protection order, or of an interim protection order, by the

respondent shall be an offence under this Act and shall be punishable with
imprisonment of either description for a term which may extend to one year, or
with fine which may extend to twenty thousand rupees, or with both.

(2) The offence under sub-section (1) shall as far as practicable be tried by the
Magistrate who had passed the order, the breach of which has been alleged to
have been caused by the accused.

(3) While framing charges under sub-section (1), the Magistrate may also frame
charges under section 498A (45 of 1860) of the Indian Penal Code or any other
provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the
case may be, if the facts disclose the commission of an offence under those
provisions.

Section 32 - Cognizance and proof

(1) Notwithstanding anything contained in the Code of Criminal Procedure,

1973(2 of 1974), the offence under sub-section (1) of section 31 shall be
cognizable and non-bailable.

(2) Upon the sole testimony of the aggrieved person, the court may conclude
that an offence under sub-section (1) of section 31 has been committed by the
accused.

Section 33 - Penalty for not discharging duty by Protection Officer

If any Protection Officer fails or refuses to discharge his duties as directed by the
Magistrate in the protection order without any sufficient cause, he shall be punished
with imprisonment of either description for a term which may extend to one year, or
with fine which may extend to twenty thousand rupees, or with both.

Section 34 - Cognizance of offence committed by Protection Officer

No prosecution or other legal proceeding shall lie against the Protection Officer unless a
complaint is filed with the previous sanction of the State Government or an officer
authorised by it in this behalf.

Section 35 - Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall He against the Protection Officer for
any damage caused or likely to be caused by anything which is in good faith done or
intended to be done under this Act or any rule or order made thereunder.

Section 36 - Act not in derogation of any other law

The provisions of this Act shall be in addition to, and not in derogation of the provisions
of any other law, for the time being in force.

Section 37 - Power of Central Government to make rules

(1) The Central Government may, by notification, make rules for carrying out the
provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:--

(a) the qualifications and experience which a Protection Officer shall possess
under sub-section (2) of section 8;

(b) the terms and conditions of service of the Protection Officers and the other
officers subordinate to him, under sub-section (3) of section 8;

(c) the form and manner in which a domestic incident report may be made
under clause (b) of sub-section (1) of section 9;

(d) the form and the manner in which an application for protection order may
be made to the Magistrate under clause (c) of sub-section (1) of section 9;

(e) the form in which a complaint is to be filed under clause (d) of sub-section
(1) of section 9;

(f) the other duties to be performed by the Protection Officer under clause (i)
of sub-section (1) of section 9;

(g) the rules regulating registration of service providers under sub-section (1)
of section 10;

(h) the form in which an application under sub-section (1) of section 12

seeking reliefs under this Act may be made and the particulars which such
application shall contain under sub-section (3) of that section;

(i) the means of serving notices under sub-section (1) of section 13;

(j) the form of declaration of service of notice to be made by the Protection

Officer under sub-section (2) of section 13;

(k) the qualifications and experience in counselling which a member of the

service provider shall possess under sub-section (1) of section 14;

(l) the form in which an affidavit may be filed by the aggrieved person under
sub-section (2) of section 23;

(m) any other matter which has to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period of
 thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule.

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