By Legum Pacific Editorial ·
Suppose a woman says her husband or his relatives stop her from entering the house, take away her money, or shout at her and threaten her. Or imagine she fears physical harm in the shared home where she lives. These are the kinds of situations the law that follows is meant to address.
What does the law say?
The Act defines “domestic violence” as any act, omission, commission or conduct by the respondent that harms, injures or endangers the health, safety, life, limb or well‑being, whether mental or physical, of the aggrieved person. The definition specifically includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse (Section 3).
The Act explains those words. Physical abuse covers acts that cause bodily pain, harm, danger to life or impair health. Sexual abuse means conduct of a sexual nature that humiliates or degrades a woman. Verbal and emotional abuse includes insults, ridicule and repeated threats. Economic abuse covers deprivation of resources the aggrieved person is entitled to, disposal of household effects or preventing access to shared resources (Explanation I to Section 3). The Magistrate must consider the overall facts and circumstances when deciding if domestic violence has occurred (Explanation II to Section 3).
Who is covered by the procedures in the Act?
The Act uses the phrase “aggrieved person” throughout its procedures. Section 12(1) provides that an aggrieved person, a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking relief. Section 17 states that every woman in a domestic relationship has the right to reside in the shared household.
The Act defines “respondent” as any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom relief is sought. The Act also allows an aggrieved wife or a woman living in a relationship in the nature of marriage to file a complaint against a relative of the husband or the male partner (definition of “respondent”).
The term “shared household” includes a household where the aggrieved person lives or has lived in a domestic relationship, whether owned or tenanted jointly or singly, and also includes a household that is part of the joint family of which the respondent is a member (definition of “shared household”).
What reliefs can the Magistrate grant?
The Act allows the Magistrate to grant one or more of the following reliefs on an application:
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Protection orders (Section 18). The Magistrate may prohibit the respondent from committing domestic violence, aiding others to do so, entering the aggrieved person’s workplace or child’s school, attempting any form of contact, alienating assets or causing violence to those who help the aggrieved person. The protection order can also include any other act specified in the order.
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Residence orders (Section 19). The Magistrate may restrain the respondent from dispossessing or disturbing the aggrieved person’s possession of the shared household. The Magistrate may direct the respondent to remove himself from the shared household, restrain the respondent or his relatives from entering parts of the household, prevent the respondent from alienating the shared household, or direct the respondent to secure alternate accommodation or pay rent. No order to remove a person under clause (b) shall be passed against any woman (Section 19(1) and proviso).
The Magistrate can also impose additional conditions for safety, require the respondent to execute a bond with or without sureties (Section 19(3)), direct police assistance in implementation (Sections 19(5) and 19(7)), and direct return of the aggrieved person’s stridhan or other property (Section 19(8)).
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Monetary reliefs (Section 20). The Magistrate may direct the respondent to pay money to meet expenses and losses caused by domestic violence. This includes loss of earnings, medical expenses, loss from damage or removal of property, and maintenance for the aggrieved person and her children. The relief may be a lump sum or monthly payments. The monetary relief must be adequate, fair and reasonable and consistent with the aggrieved person’s standard of living (Section 20).
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Custody orders (Section 21). The Magistrate may grant temporary custody of any child to the aggrieved person and, if necessary, specify arrangements for visits by the respondent. The Magistrate must refuse visits if they may harm the child’s interests (Section 21).
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Compensation orders (Section 22). The Magistrate may order the respondent to pay compensation and damages for injuries, including mental torture and emotional distress (Section 22).
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Interim and ex parte orders (Section 23). The Magistrate may pass interim orders. If satisfied on the affidavit that domestic violence has occurred or is likely, the Magistrate may grant an ex parte order (an order without the respondent being heard) under the relevant sections.
The Magistrate must give copies of any order free of cost to the parties, the local police officer and service providers as specified (Section 24). A protection order remains in force until the aggrieved person applies for discharge (Section 25(1)). The Magistrate can alter or revoke an order if circumstances change (Section 25(2)).
How does the process work and how long will it take?
An application for relief can be made by the aggrieved person, a Protection Officer, or any other person on behalf of the aggrieved person (Section 12(1)). The Magistrate must take into consideration any domestic incident report received from the Protection Officer or a service provider before passing orders (Section 12(1) proviso).
The Magistrate normally fixes the first hearing within three days after receiving the application (Section 12(4)). The Magistrate shall endeavour to dispose of the application within sixty days from the first hearing (Section 12(5)). A notice of hearing is to be served by the Protection Officer within a maximum of two days or such further reasonable time as allowed by the Magistrate (Section 13(1)).
Proceedings under the Act are, unless otherwise provided, governed by the Code of Criminal Procedure (Section 28(1)). There is a right of appeal to the Court of Session within thirty days from the date the order is served (Section 29).
The Act imposes duties on police officers, Protection Officers and service providers to inform the aggrieved person of her right to seek specified reliefs and of available services (Section 5). Protection Officers have duties including assisting the Magistrate, making domestic incident reports and ensuring medical examination and legal aid where required (Section 9).
What happens if the order is broken?
A breach of a protection order is an offence under the Act. It is punishable with imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both (Section 31(1)). That offence is cognizable and non‑bailable (Section 32(1)). The court may, on the sole testimony of the aggrieved person, conclude that the offence has been committed (Section 32(2)).
Key points
- Domestic violence includes physical, sexual, verbal/emotional and economic abuse (Section 3).
- An aggrieved person, a Protection Officer or any other person on her behalf may apply to the Magistrate for relief (Section 12(1)).
- A Magistrate can grant protection, residence, monetary, custody and compensation orders (Sections 18–22).
- First hearing is ordinarily within three days; the Magistrate shall endeavour to decide within sixty days (Section 12).
- Breach of a protection order is an offence with up to one year imprisonment or fine up to Rs.20,000, and is cognizable and non‑bailable (Sections 31–32).
Laws referred to
- The Protection of Women from Domestic Violence Act, 2005 (Sections 3, 5, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 31, 32 and related definitions)
Official sources
This guide explains what the law itself says. Court rulings interpreting these provisions can also affect how they apply in a particular case. It states the position under the official texts listed above, as at 25 October 2026.
Source: Official text (highcourtchd.gov.in) (opens in a new tab)