PRoCEDU," COR DBOAINING ORDERS" "'IE"
Co,""II'"
12. (1) An aggdoved p"son or a Protection Offic" " any oth" person on behalf of the aggde~ p"son may present an application to the Magis"ate seeking one or m"e reliefs und" this Act
Provided that befo" passing any "d" on ,"ch application. the Magistrate sbaJJ take into consid"ation any domestic incident report "ceived by him from the Protection Officer or the service provid".
(2) The "lief sought for und" sub-section (1) may include a relieffor issnance of an order for payment of compensation or damages withnut prejudice to the right of such p"snn to institute a suit for compensation or dornages for the injuries caused by the acts of domestic violence committed by the respondent
Provided that wh"e a deeree for any amounl as compensation or damages bas been passed by any court in favour ofthe aggdeved person, the amount, if any, paid or payable in pursuance of the ord" made by the Magis"ate under this Act shaJJ be set off against the amount payable und" such deeree and the decree shaJJ, notwithstandiug anything contained in the Code of Civil Procedure, 1908, or any orh" law f" the time bcing in force, be executabte forthe balance amount, ifany, left aft" such set off.
(3) Eve')' appikation und" sub-sectinn (1) shaJJ be in such f"m and contain such partioulars as may be prescribed or as nearly as pessible th"eto.
(4) The Magistrate shaJJ fix the first date ofbeadng, which shaJJ not ordinorily be beyond three days from the date of "ceipt of the application by the court.
(5) The Magistrate shall endeavour to dispose of eve')' application made und"
,"b-section (I) within a p"iod of sixty days fro;' the date of its first headng.
13. (1) A notice of the dateofheadng fixed und" section 12 shall be given by the Magistrate to the Protection Officer, who shaJJ get it served by such means as may be prescdbed on the respondent, and on any oth" p"son, as di"cted by the Magistrate within a maximum p"iod oftwo days or such furth" reasonable time as may be allowed by the Magistrate from the datc of its "ceipt
(2)-A deeloration ofservke of notice made by the Protection Offic" in such form as may be prescribed shaJJ bc the proof that sucb norice was served upnn the respondent and on any oth" p"son as directed by the Magis"ate unless the con"a')' is proved.
14, (1) The Magistrate may, at any stage of the proceedings und" this Act, direct therespondent orthe aggrieved person, eitb" singly or jnintly, to und"go counselling with any memb" of a service provid" who possess such qualifications and experience in cuunselling as may be prescribed.
(2) Where the Magistrate has issued any direction und" sub-sectinn (I), he shall fix the next date of bearing ofthe case within a period nnt exceeding two months. 'of1908
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6
Sa:.I] THEGAZETIEOFINDIA EXTRAORDINARY 1S. In any pmc"ding und" this Act. the Mag;,trate may secure the services of suoh p"son, pref"ably a woman, whether related to the aggrieved person or not, induding a person engaged in promoting family welfare as he thinks fi~ for the porpose of assisting him io di"harging his fun"ions.
16. If the Magistrate considers that the circumstances of the case so wanan~ and if either party tn the proc"dings so deshes, he may conduct the proc"dings under this A" In onmera.
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"""""lop'" b, ','d I. 17.(1) Notwithstanding anything cnntained in any other law for thetime being In -'" """
force, every woman in a domestic relationship shall have the right to reside in the ia a .bar'"
shared household, whether or not ahe has any right, title or beneficial interest in the .""""",. same.
(2) The aggdeved person shall not be evicted or e.dnded f,.m the shared hnusehnld or any part of it by the respondent save in accordance with the procedure established by law.
U. The Magistrate may, after giving the aggrieved person and the respondent an '"~cU,, oppormnityn'belng heard and nn belngp,;mafoele satisfied that domestic violence ..-.. has taken place or is likely to take place, pm a pmtection order in favour of the aggrieved person and prohibit the respondent fmm-
(0) committing any act of domestic violence;
(b) aiding or abettiog in the commisaion nfacts of domestic violence;
(e) enteriog the place of employment of the agg,;eved person or, if the persoo aggrieved is a child, its "hool or aoy oth" place frequented by the aggrieved person;
(d) attempting to communic... In any form, whauoever, with the aggrieved person, including pmonal, oral or writteo or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or baok accounts used or held or enjoyed by both tbe parties, jointly by the aggrieved person and the respondent or singly by the responden~ including her slr/dha. or any other property beld eith" jointly by the parties or separately by Ibem wilbout Ibe leave oflbe Mag;,trate;
If) causing violence to the dependants, other reiatives or any person who give the aggrieved person assistan" from domestic violence;
(g) committing any olber a" as specified in Ibe protootion order. 19.(1) While disposing ofan application under sub.section (1) of section 12, Ibe
,
Magistrate may, on beiog satisfied that domestic violence h" .taken place, pass a ordoB. residence order-
(a) restraining Ibe respondent from disposaessing or in any olber manner disturbing Ibe possesaion of Ibe aggrieved person from the shared household, whether or oat tbe respondent has a legal or equitable interest in Ibe shared household;
(b) dire"ing the respnndent to remnve himselffrom Ibe shared household;
(e) "'training Ibe respondent or any of his relatives from entering any portion of the shared housebold in which Ibe aggrieved person resides;
(d) restraining the respondent from alienating or disposing nff the shared household or encumbering Ibe same;
7
THE GAZETTEOF INDIA EXTRAORDINARY [PAATII- (,) "'t"lnlng th, "spnnd,nt frnm "nouncing his eights in th, sh",d hnusohnld .xcept with th, leav, ufthe Maglst",,; 0' (fJ dhecHng the "'pondent to socu" sam, I,ve! of altemate accommodation fo' the aggdmd peeson as enjoyed by hoc in the sh"ed hnusohold 0' to pay"nt fonhesame, Ifthe cI"umstances so "qui";
Pmvlded that no o,d" und" clause (b) shall be passed against any person whu Is a woman.
(2) Th, Maglst"te may Imposo any addlHonal conditions oc pass any oth"
dleecHon which he may deem "asonably necessary to p'o"ct 0' to pmv;de foc the safety ofthe aggdeved peeson 0' any child of such aggdeved person.
(3) The Maglst"te may "qui" fmm the "spondent to execute a bond, with 0' without su"tI", foc p"venHng the commission of domestic vlnlen". .
(4) An o,d" und" sub-secHon (3) shall be deemed to be an oed" und" Chapt"
VIII of the Code ofCdmlna] Pmcedu", 1973 and shall be doalt with acco,dingly.
(5) While passing an o,d" und"sub-soetlon (/). sub-soetlon (2) 0' sub-section (3), ~e couc! may also pass an o,d" dl",Hng the om", In ch"ge ofthe nea"st poHce stat,,", to give pmteetlon to the aggdoved p,rson 0' to assist hoc 0' the person making an appHcation on hoc behalfi. the Imp]emootatlon of the o,d".
(6) While making an o,d" und" sub-mHou (/), the Magls"ate may Imposo on the "spondent obligations ,,]atlng tn the dlsch"ge of cent and oth" payments, having
"g"d to the. financial needs and ",oU"" of the parties.
(7) The Magl""'e may dl"et the om", In-ch"ge ofthe poHce station In whoso ju,isdletlnn the Maglst"te has been appmached to assist In the ImplementaHon ofthe pmteetlon odeL
(8) The Maglst'ate may di"et the ,espondent to ,etum to the possession of the a.gdeved peesnn h" ",;dhon 0' any oth" pmperty oc valuable secudty to which she is enHlled to.
2 of 1974
Moo"",
,,",f, 20.(/)While dlspnslngnfanappHcaHonund"sub-soetlon(/)ofsoetion12,the Magls"ate may dleect the "spondent to pay monel"y "Hef tn meet the expenses Incu"ed and losses "ff"ed by the aggdeYOd person and any child of the aggdeved peeson as a ",tilt ofthe domestic violence and such "Hefmay Include, but not Hmlted to,-
(0) the loss ofe"nlngs;
(b) the medica] expenses; (,) the loss causod due In the d,,"uetion, da
(d) the maintenance for the aggrl,ved peeson as w,1I as h" chlld"n, Ihny, Including an ord" und" or In addition to an ord" of maintenance und" section 125 of the Code nfCdmlnal Procedu", 19730' any nth" law for Ih, lime being In force.
(2) The monetary reHd g"nted und" this secHon shall b, adequate, fair and
"asonable and consistent with the stand"d of Hvlng to which th, aggdoy,d p"son is accustom,d.
2 of 1974.
(3) Th, Magistrate shall have the pow" tL nrd" an appmp'I't' lump sum p'yment °' monthly p'ymoots nfmalntenance, as the nature and circumstances ofth, case may requl".
(4) The Maglst"t' shall sond a copyofth, o,der fo, monetary "lid made under sub-soetlon (I) to the parti" to th, application and to the In ,h"g' of th, pnlice statlnn within the local limits nfwhnsojudsdletlon the r"pondent"sldes.
8
Soc. I] THEGAZETIEOFINDIA EXTRAORDINARY
(5) The «spondent sh,1I p'y the mone""" «lief glanted to the 'g",ieved pe,,"n wdhin the pellod specified in the oldel under sub-..ctlon (I).
(6) Upon the f,il"e on the p,rt ofthe mpondent to m,ke p'yment In terms ofthe Older under sub...ctiou (I), the M,gi"...te m,y dilect the employee 01' debtol ofthe I..pondent, to di«ctly pay to the 'gglieved petSon or to deposd wdh the court , portion ofthe w'ges 01 "I"ies 01 debt due to 01 "crued to the credit ofthe respondent, which ,mouot m'y be ,djusted towards the monetaI)' relief p'y,hle by the mpondent.
21. Notwdhstanding ,nything contained In 'ny oth.. I,w foe the time being in C"Iod, fnree, Ihe M'gi""te m,y, ,t 'ny stage ofheadng of the applic"lon for protection "dm. old.. 01 foe 'ny oth.. «lief und.. this Act ",ant lempol'l)' cu"ody of any child 01 children to the ag",ieved petson 01 the pOISon making an applicotion on h.. beh,lf and specify, if necesmy, the ""ngemen" foe visit of such child or child«n by the r..pondent, .
Provided th,t if the M'gis""e is of the opioioo th" any visd of the lespoodent may be h'noful to the Intel"" nfthe child nl children, the M'gl""te shall «fuse to ,liow such visit.
22. I~dddinn to oth.. «llefs " m'y be glanted uuder this Ac~ the Maglsltote may on an applicotion being made by, the aggdeyod petSon, pass an ont.. directing 'he respondent to p'y compens"ion ,nd d,m'ges fOl the injudes, Including ment,1 tortute ,od emotloool di"ress, cou..d by the "" of domestic violence eommitted by th,t respondent.
23. (I) In 'ny proceeding before him und" this Act, the Magls"ate may pass such intedm old" as he deems just and ptOpel.
(2) If the Magi"rate is satisfied th" an application primalac;e discloses that the I..pondent is committing, or has committed an oct of domestic violence 01 that th"e is a lik.elihood that the lespondent may commd an act of dome"ic violence, he may geant an a parte Old.. on the hasis of the affidavit In such form," may be presedbed, ofthe aggdeved petsnn und.. ..ction 18, ..ctlon 19, section 20, ..ction 21 or," the case may be, ..ction 22 again" the lespondent.
24. The Magis"ate shall, in all cases whete he has passed any old.. under this Act, ord.. th" a copy of such order, shall he giyon flee of eo", to the p'rties to the applic"ion, the pnlice nfficel in.ch"ge of the police "atlnn in the jurisdiction ofwhich the Magis"ate has heen approached, and any sclVice ptOvider located within the local limits of the judsdictlon of the court and ilany ..rvice provid" has registeted a domestic incident report, to that mvice plovid".
25. (I) A protection order made under section 18 shall he in force liII the aggrieved pe,,"n applies foe disch"ge.
(2) If the Magis"ate, on receipt of an applic"ion uom the aggrieved petson or the respondenl, is satisfied that there is a ehange in the cireum",nc.. «quiling alteration, modification 01 tevocation of any old" made under this Act, he may, foe teasons to be lecolded in writing pass such old", "he may deem apptOpdate. '
26. (I) Any relief available und" ..ctions 18, 19,20,2\ and 22 mayalso be sought io any legal p"occediog, befote a civil court, family court 01 a cdmioal court, affectin8 the aggrieved petson and the lespoodent whether such ploceeding was initiated before or aft" the commencement of this Act.
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(2) Any «lieftefen-ed to in sub.section (1) may be sought fol in addition tn and along with any oth" relief that the aggdeved penon may ..ek in such suit or legal proceeding befo" a civil 01 cdminal court.
(3) In case any "liefh.. been obtained by the aggcieved pe,,"n in any Ploceedings oth" than a ptOceedlng und" this Act, she shall be bound to inform the Magis""e of the grant of such "lier.
9
10 THE GAZElTE OF INDIA EXTRAORDINARY
[PARTII-
"""";00 17. (I) The court of Judicial Magi"'"te of the .fi"t elm or the. Me"opoHtan Magist'"te, as the case may be, within the local limits ofwhich-
(a) the pmon aggrieved pennanenlly m tempmarily resides m ca"ies on business or is employed; or
(6) the ",poodenl "sides °, c",ies an business or is employed; .r
(c) the cause of action has a"seo, shall be the competent court to grant a protection ord" and oth" ordm und" this Act and to try offences und" this Act.
(2) Any o,d" made und" this Act sball be enforceable thmugbout India. Pn""d",. 18. (1) Save as oth"wise provided in IhisAct, all proceedings und" sections 11, IS, 19,20, 11, 22 and 23 and offences undemction31 shall be.govemed by the provisions of the <;!de ofC"minal Procedu", 1973. 2 of 19"-
(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedura for disposal of an application und" section 12 or under sub-sectinn (2) of section 23.
Appul. 19. There shall lie an appeal to the Court of Session within thirty days fmm the date on which the order made by the Magis"ate is served on the aggrieved pe"on or the respondent, as the ease may be, whichever is lal".
CHAPTER V
MISCELLANEOUS
30. The Pmtection Officm and membe" of service pmvide", while acting or purporting to act in p...uance of any of the pmvisions of this Act or any rules or orde" made the"und" shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. "of 1860.
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31. (1) A b.each of pmtection order, or of an inte"m protection order, hy the respondent shall bean offence und" this Act and shall be punishable with imprisomnent of either description for a tenn which may extend to one year, or with fine which may extend tn twenty thousend rupees, or with both.
(2) The offence under sub-section (1) shall as far as practicable be "ied by the Magis"ate who had passed the order, the b"ach of which has bee. alleged to have been caused by the accused.
(3) While framing charges und" sub-section (J), the Magis"'te may also frame charges und" section 498A of the Indian Penal Code m any oth" pmv"ion oftbat ".r '860. Code or the DoW'Y Prohibition Act, 1961, as the case may be, if the facts disclose the ".f t96.. commission of an offence under those provisions.
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..d""f 31.(J)NotwitilStanding anything containedintheCodeofCriminal Procedu",1973, the offence und" sub-section (J) of section 31 shall be cognizable and non- 2.r 1974. bailable.
(2) Upon the sale t"timony of the aggrieved pmon, the court maycooclude that an offence under sub-sectioo (1) of section 31 hils been committed by the accused.
10
Soc. I] THEGAZETTEOFINDIA EXTRAORDINARY II
33. If ooy Pmt"Hon Offi", fai!, onefuse, to di,ch"g' hi, duti,..s di«cted hy p",It, roo th, Magistrato in th, plotocHon oldor without any sumcient cause, he shall he punish,d ,,' dt"h",- with imp"sonment of eithor desclipHon fol a tolm which may "tend to on, ye", 01with ~~:,~;t:; fine which may "tend to twenty thn"and rupees, 01 with hoth. om",.
34. No pmsecution m othor legal p!O",ding shall lie against the Pmt"Hon CO"".,,, om", unless a co~plaint i.sfiled with the p«vious sancHon nfthe State Govemment ::':;~:~:d h, m an officoranthonsed by It m th" hehalf. Pm""'"om",.
35. No suit, p!Osecution m othor legal ploceeding shall lie against the Plotection Offi", fol any damage caused 01 likely to he caused by ooything which is in good faith done 01 intend,d to he done undor thi, Act m any rule 01 oldor made tbmundor.
36. The Plovisions of this Act shall be in addiHon to, ood not in de!OgaHon ofthe Plovisions ofany othor law, fol the Hme b,ing in foICe.
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37. (1) The Central Govemment may, by noHfication, make rules fm c",ying out Pow" or thep!OvisionsofthisAct. Co"'"
(2) Jtpa""uI", and without p«judi" to the g,",,"lity of the fo«going pnwer, ~o::;:,w~;;, such rules may p!Ovide for all or arty of the following matters, namely:-
(a) the qualifications ood exporience which a Pmt"tion Officel shan possess undor suh-section (2) of section 8;
(h) th, telms and conditions of mv"e of the Plotection Offi"" and the other officelS suboldinate to him, undor sub-section (3) of secHnn 8;
(c) the fmm and manner in which a domest" incident «po" may be made undor clause (h) of sub-section (1) ofsecHon 9;
(d) the fmm and the moonor in which an applicaHon fm p!Otection mdor may he made to the Magisttate undor clause (c) of sub-section (1) ofsecHon 9;
(e) the Imm in which a complaint is tn he filed undor clause (d) .of suh-secHon (1) of section 9;
(fJ the othor duties to be perfmmed by the P!OtecHon Omcor undor clause (I) nf suh-secHon (1) of secHon 9;
(g) th, rules «gulaHng «gistration of mvice plovidelS undet sub.section (1)of",HooIO;
(h) the fmm in which an applicaHon undor sub-secHon (1) of s"tion 12 seeking «liefs under this Act may he made and the pa""ulalS which such applicalion shall contain undor sub.s,ction (3) of that section;
(I) th, meoos of sOlVing noHces undor suh-section (1) of section 13; VI the folm ofdecl,,"tion ofsmi" ofnoti" to be made hy lbe PlotecHon om", undor sub.section (2) ofsecHon 13;
(l) the qualifications and exporience in counselling which a membet of the smi" p!Ovidor shall possess undorsub-secHon (1) of section 14; (0 the folm in which an affidavit may be filed by the agglieved pelSon undor sub-secHon(2) of section 23;
(m) any nthel mattel which has to be, 01 may be, p"scrihed.
11
12 THE GAZETTE OF INDIA EXTRAORDINARY
[P"",II-5",.I]
(3) Every rule made under this Aetshall be laid, as soon as maybe after it is made, before each House ofPadiament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more sueeossive sessioos, and if, before the expiry of the session immediately following the session or the successive sessioos afo"$Oid, both Houses agree iu making any modmcation in the rule or both Houses agroe that the rule should not be made, the rule sball thereafter have effect only in sueh modified form or be of no effect, as the case may be; so, however, that any sueh modifieation or annulment shall be without prejudice to the validity of anything previously done under that rule.
;.
..
BRAHMAVTARAGRAWAL,
Addl. SemlDry 10 Ihe GoYI. of India.
12