131. Protection of Women from Domestic Violence Act 2005 (Sections 1–29, 31) — Full Notes

CORE Key Points at a Glance

1. 1

   The Protection of Women from Domestic Violence Act 2005 received Presidential assent on 13 September 2005 and came into force on 26 October 2006; it is a civil law providing immediate relief while criminal law remedies under IPC/BNS run in parallel.

2. 2

   "Domestic relationship" (Section 2(f)) covers women related by blood, marriage, or adoption, as well as women in live-in relationships — making this Act the first Indian legislation to legally recognise live-in relationships for protection purposes.

3. 3

   "Domestic violence" (Section 3) includes four forms: (a) physical abuse — any act of force causing bodily harm; (b) sexual abuse — forced sexual intercourse or conduct humiliating sexual nature; (c) verbal and emotional abuse — insults, ridicule, threats, humiliation; (d) economic abuse — deprivation of financial resources, property, or forcing out of house.

4. 4

   "Aggrieved person" (Section 2(a)) means any woman who is or has been in a domestic relationship with the respondent and alleges domestic violence — the respondent (Section 2(q)) can be any adult male member of the shared household.

5. 5

   The Act creates three new functionaries: Protection Officers (Section 8) — appointed by State Govt to assist aggrieved persons; Service Providers (Section 10) — registered NGOs providing assistance; and Magistrates (Section 12) — who issue all orders under the Act within 60 days of first hearing.

6. 6

   Protection Order (Section 18) prohibits the respondent from committing any further domestic violence, aiding others in committing it, contacting or communicating with the aggrieved person, or entering her workplace/school; breach is a cognisable, non-bailable offence under Section 31.

7. 7

   Residence Order (Section 19) secures the aggrieved person's right to reside in the shared household — she cannot be evicted even if she has no legal title or share; the court may also direct the respondent to provide alternative accommodation.

8. 8

   Monetary Relief (Section 20) covers: medical expenses; loss of earnings; maintenance for herself and children; damages for destroyed property; the amount must be fair and reasonable — court may grant it alongside or instead of maintenance under other laws.

9. 9

   Custody Order (Section 21) allows a Magistrate to grant interim custody of any child of the aggrieved person, with or without visitation rights to the respondent, pending proceedings in a competent civil court — ensuring children are not used as leverage by abusers.

10. 10

    Compensation Order (Section 22) empowers the Magistrate to direct the respondent to pay compensation and damages for injuries including mental torture and emotional distress — going beyond ordinary maintenance into acknowledgement of psychological harm.

11. 11

    The Act has a dedicated appeal mechanism (Section 29) — appeal lies to the Sessions Court within 30 days of the Magistrate's order; this makes the proceedings faster than regular civil litigation, ensuring timely protection for victims.

12. 12

    Landmark Supreme Court ruling — Indra Sarma v. V.K.V. Sarma (2013): The Supreme Court held that live-in relationships are protected under the Act; it laid down factors to determine whether a relationship qualifies — duration, shared household, pooling of resources, children, socialisation as a couple.