Rajasthan

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Definitions ​

In this Act, unless the context otherwise requires:

(a) Aggrieved Person: 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: Any person below the age of eighteen years, including any adopted, step, or foster child.

(c) Compensation Order: An order granted in terms of section 22.

(d) Custody Order: An order granted in terms of section 21.

(e) Domestic Incident Report: A report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person.

(f) Domestic Relationship: 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 (28 of 1961).

(i) Magistrate: The Judicial Magistrate of the first class, or the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise, or the respondent resides, or where the domestic violence is alleged to have taken place.

(j) Medical Facility: Such facility as may be notified by the State Government to be a medical facility for the purposes of this Act.

(k) Monetary Relief: 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: A notification published in the Official Gazette, and the expression "notified" shall be construed accordingly.

(m) Prescribed: Prescribed by rules made under this Act.

(n) Protection Officer: An officer appointed by the State Government under sub-section (1) of section 8.

(o) Protection Order: An order made in terms of section 18.

(p) Residence Order: An order granted in terms of sub-section (1) of section 19.

(q) Respondent: 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: An entity registered under sub-section (1) of section 10.

(s) Shared Household: A household where the aggrieved person lives or has lived in a domestic relationship either singly or along with the respondent. This includes a household owned or tenanted jointly by the aggrieved person and the respondent, or by either of them, where either party has any right, title, interest, or equity. It also includes a household belonging 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: Any shelter home as may be notified by the State Government to be a shelter home for the purposes of this Act.

Here are comprehensive short notes on The Protection of Women from Domestic Violence Act, 2005, designed for quick revision:

I. OVERVIEW & PURPOSE

  • Objective: Effective protection of women's rights guaranteed by the Constitution, especially against domestic violence. Provides redressal and supportive measures.
  • Scope: Addresses violence occurring within the family, not just physical; it covers a wide range of abuse.

II. KEY DEFINITIONS (Section 2)

  • Aggrieved Person: A woman who is, or has been, in a domestic relationship with the respondent AND alleges domestic violence.
  • Domestic Relationship: Living or having lived together in a shared household, related by consanguinity (blood), marriage, nature of marriage, adoption, or as family members.
  • Shared Household: Household where the aggrieved person lives or has lived in a domestic relationship, either singly or with the respondent, including owned/rented houses, even if only one party owns it and includes joint family households.
  • Respondent: Adult male in a domestic relationship against whom relief is sought. Exception: Aggrieved wife can file against a relative of the husband.
  • Child: Person under 18 (includes adopted, step, foster children).
  • Protection Officer: Appointed by the State Government (preferably women).
  • Service Provider: Registered entity with the objective of protecting women's rights.
  • Domestic Incident Report: Report of domestic violence complaint.
  • Monetary Relief: Compensation ordered by the Magistrate to cover expenses and losses.
  • Compensation Order: Granted in terms of Section 22.
  • Custody Order: Granted in terms of Section 21.
  • Protection Order: Order made in terms of Section 18.
  • Residence Order: Order granted in terms of Section 19.

III. DOMESTIC VIOLENCE (Section 3)

  • Definition: Any act, omission, commission, or conduct of the respondent that:
    • Harms/injures health, safety, life, limb, or well-being (mental or physical).
    • Harasses to coerce meeting unlawful dowry/property demands.
    • Threatens the aggrieved person or related individuals.
    • Otherwise injures or causes harm (physical or mental).
  • Types of Abuse:
    • Physical: Bodily pain, harm, danger to life/limb/health (includes assault, intimidation, force).
    • Sexual: Humiliating, degrading sexual conduct.
    • Verbal & Emotional: Insults, ridicule, name-calling.
    • Economic: Deprivation of economic/financial resources, including necessities, property, rental, stridhan (woman's property), and assets.

IV. KEY DUTIES & POWERS

  • Duties of Police, Protection Officers, Magistrate (Section 5): Inform aggrieved person of rights, services available, and legal aid. Police must act on cognizable offenses regardless of this Act.
  • Duties of Shelter Homes (Section 6): Provide shelter to aggrieved persons upon request.
  • Duties of Medical Facilities (Section 7): Provide medical aid to aggrieved persons upon request.
  • Powers & Functions of Protection Officers (Section 9): Assist Magistrate, make domestic incident reports, apply for protection orders, ensure legal aid, provide safe shelter, arrange medical exams, ensure monetary relief compliance, any duties imposed.
  • Powers of Service Providers (Section 10): Record domestic incident reports, arrange medical exams, provide shelter, must register with State Govt.
  • Duties of Government (Section 11): Public awareness, officer sensitization, effective coordination, protocols.

V. PROCEDURE & ORDERS

  • Application to Magistrate (Section 12): Aggrieved person, Protection Officer, or someone on their behalf can apply for relief. Magistrate considers domestic incident reports.
  • Reliefs Possible (Section 12): Protection order, monetary relief, custody order, residence order, compensation.
  • Service of Notice (Section 13): Magistrate gives notice to Protection Officer, who serves it on the respondent, maximum 2 days to complete service.
  • Counselling (Section 14): Magistrate can direct counselling (single or joint).
  • Assistance of Welfare Expert (Section 15): Magistrate can seek assistance from welfare experts.
  • Proceedings in Camera (Section 16): Possible if warranted and if either party requests.
  • Right to Reside (Section 17): Every woman in a domestic relationship has the right to reside in the shared household, irrespective of ownership.
  • Protection Orders (Section 18): Prohibits the respondent from: committing domestic violence, aiding/abetting violence, entering workplace/school, communicating with the aggrieved person, alienating assets, causing violence to dependents.
  • Residence Orders (Section 19): Restrains respondent from dispossessing the aggrieved person, directing the respondent to remove himself, restraining from entering certain areas, prevent alienation of property, provide alternative accommodation.
  • Monetary Reliefs (Section 20): Payment for loss of earnings, medical expenses, property damage, and maintenance.
  • Custody Orders (Section 21): Temporary custody of children to the aggrieved person.
  • Compensation Orders (Section 22): Compensation and damages for injuries, mental torture, and emotional distress.
  • Interim & Ex Parte Orders (Section 23): Magistrate can pass interim orders and ex parte orders based on an affidavit.
  • Free Copies of Orders (Section 24): Copies given to parties, police station in-charge, and service providers.
  • Duration & Alteration of Orders (Section 25): Protection orders are in force until the aggrieved person applies for discharge. Orders can be altered/modified/revoked based on changed circumstances.
  • Relief in Other Suits (Section 26): Relief under this Act can be sought in other legal proceedings (civil, family, criminal).
  • Jurisdiction (Section 27): Court of Judicial Magistrate/Metropolitan Magistrate where the aggrieved person resides/works, where the respondent resides/works, or where the cause of action arose.

VI. MISCELLANEOUS

  • Procedure (Section 28): Governed by the Code of Criminal Procedure (CrPC), but courts can lay down their own procedure.
  • Appeal (Section 29): Appeal lies to the Court of Session within 30 days.
  • Protection Officers as Public Servants (Section 30): Protection Officers and service provider members are considered public servants.
  • Breach of Protection Order (Section 31): Imprisonment up to 1 year or fine up to ₹20,000 or both. Tried by the Magistrate who issued the order.
  • Cognizance & Proof (Section 32): Offence under Section 31 is cognizable and non-bailable. Testimony of the aggrieved person is sufficient for conviction.
  • Penalty for Protection Officer's dereliction (Section 33): Imprisonment up to one year or fine up to ₹20,000 or both.
  • Cognizance of Offence Committed by Protection Officer (Section 34): Prosecution requires prior sanction from the State Government.
  • Protection of Action Taken in Good Faith (Section 35): No suit lies against the Protection Officer for actions taken in good faith.
  • Act Not in Derogation (Section 36): This Act is in addition to, and not in derogation of, other laws.

This comprehensive summary provides a structured overview, making it easier to recall key aspects of the Act for quick revision.