Domestic Violence Protection Act 2005
36 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the purpose of the Protection of Women from Domestic Violence Act, 2005?

  • To provide for more effective protection of the rights of women guaranteed under the Constitution (correct)
  • To provide protection to women who are victims of violence occurring outside the family
  • To punish men who commit domestic violence
  • To establish a separate court for trying domestic violence cases
  • When did the Protection of Women from Domestic Violence Act, 2005 come into force?

  • On the date of its notification in the Official Gazette
  • On the date of its enactment by Parliament
  • On the date of its publication in the newspaper
  • On such date as the Central Government may appoint (correct)
  • What is the extent of the Protection of Women from Domestic Violence Act, 2005?

  • It extends only to the metropolitan cities
  • It extends only to the state of Delhi
  • It extends to the whole of India (correct)
  • It extends to the whole of India except the state of Jammu and Kashmir
  • What is the year of the Republic of India in which the Protection of Women from Domestic Violence Act, 2005 was enacted?

    <p>Fifty-sixth Year of the Republic of India</p> Signup and view all the answers

    What is the title of the Act that provides for the protection of women from domestic violence?

    <p>The Protection of Women from Domestic Violence Act, 2005</p> Signup and view all the answers

    What is the chapter that deals with the preliminary aspects of the Protection of Women from Domestic Violence Act, 2005?

    <p>Chapter I</p> Signup and view all the answers

    What can the Magistrate order the respondent to pay in addition to other reliefs under this Act?

    <p>Compensation and damages for injuries, including mental torture and emotional distress</p> Signup and view all the answers

    In what circumstances can an ex parte order be granted?

    <p>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</p> Signup and view all the answers

    Who should receive a copy of the order passed by the Magistrate under this Act?

    <p>The parties to the application, the police officer in-charge of the police station, and any service provider located within the local limits of the jurisdiction of the court</p> Signup and view all the answers

    For how long is a protection order made under section 18 in force?

    <p>Until the aggrieved person applies for discharge</p> Signup and view all the answers

    What type of order can the Magistrate pass under section 23?

    <p>Both interim and ex parte orders</p> Signup and view all the answers

    What is the basis for granting an ex parte order under section 23?

    <p>Affidavit in such form as may be prescribed of the aggrieved person</p> Signup and view all the answers

    What can the Magistrate do in addition to granting interim and ex parte orders?

    <p>Pass an order directing the respondent to pay compensation and damages</p> Signup and view all the answers

    What should the Magistrate do with a copy of the order passed under this Act?

    <p>Order that a copy of the order be given free of cost</p> Signup and view all the answers

    How can the court conclude that an offence under sub-section (1) of section 31 has been committed?

    <p>Upon the sole testimony of the aggrieved person</p> Signup and view all the answers

    What is the punishment for a Protection Officer who fails to discharge their duties?

    <p>Imprisonment for up to one year or a fine of up to twenty thousand rupees</p> Signup and view all the answers

    Who needs to sanction a complaint against a Protection Officer?

    <p>The State Government</p> Signup and view all the answers

    What is the protection provided to the Protection Officer under Section 35?

    <p>Protection from prosecution for any damage likely to be caused</p> Signup and view all the answers

    What is the relationship between the provisions of this Act and other laws?

    <p>The provisions of this Act are in addition to other laws</p> Signup and view all the answers

    Who has the power to make rules for carrying out the provisions of this Act?

    <p>The Central Government</p> Signup and view all the answers

    What is one of the measures that the Central Government and every State Government shall take to ensure the provisions of this Act are widely known?

    <p>Giving wide publicity through public media including television, radio and print media</p> Signup and view all the answers

    Who can present an application to the Magistrate seeking one or more reliefs under this Act?

    <p>The aggrieved person, the Protection Officer, or any other person on behalf of the aggrieved person</p> Signup and view all the answers

    What is one of the things that the Magistrate shall take into consideration before passing any order on an application?

    <p>The domestic incident report received from the Protection Officer or the service provider</p> Signup and view all the answers

    What is one of the duties of the Central Government and every State Government in ensuring the provisions of this Act are implemented?

    <p>Establishing effective co-ordination between the services provided by concerned Ministries</p> Signup and view all the answers

    What is one of the purposes of the protocols for the delivery of services to women under this Act?

    <p>To address issues of domestic violence</p> Signup and view all the answers

    What is one of the duties of the Central Government and every State Government with respect to the officers including the police officers and the members of the judicial services?

    <p>Give them periodic sensitization and awareness training on the issues addressed by this Act</p> Signup and view all the answers

    What does 'physical abuse' include according to the Act?

    <p>Assault, criminal intimidation, and criminal force</p> Signup and view all the answers

    What is the purpose of harassment according to the Act?

    <p>To coerce the aggrieved person to meet any unlawful demand for dowry or other property</p> Signup and view all the answers

    What is included in 'verbal and emotional abuse'?

    <p>Both options a and b</p> Signup and view all the answers

    What is the result of an act, omission, or commission that endangers the health, safety, life, limb, or well-being of the aggrieved person?

    <p>It is considered domestic violence</p> Signup and view all the answers

    What is included in 'economic abuse'?

    <p>All of the above</p> Signup and view all the answers

    What is the effect of an act, omission, or commission that has the effect of threatening the aggrieved person?

    <p>It is considered domestic violence</p> Signup and view all the answers

    What is included in 'sexual abuse'?

    <p>Any act or conduct that humiliates the dignity of a woman</p> Signup and view all the answers

    What is the result of an act, omission, or commission that harms or injures or endangers the health, safety, life, limb, or well-being of the aggrieved person?

    <p>It is considered domestic violence</p> Signup and view all the answers

    What is the purpose of the Act's definition of domestic violence?

    <p>To protect the rights of the aggrieved person</p> Signup and view all the answers

    What is included in 'domestic violence' according to the Act?

    <p>Physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse</p> Signup and view all the answers

    Study Notes

    The Protection of Women from Domestic Violence Act, 2005

    • The Act was enacted by Parliament in the Fifty-sixth Year of the Republic of India on 13th September, 2005.
    • It extends to the whole of India and came into force on a date appointed by the Central Government.

    Definition of Domestic Violence

    • Any act, omission, or commission that harms or endangers the health, safety, life, limb, or well-being of the aggrieved person, whether mental or physical.
    • Includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse.
    • Examples of physical abuse include assault, criminal intimidation, and criminal force.
    • Examples of sexual abuse include any conduct of a sexual nature that abuses, humiliates, degrades, or otherwise violates the dignity of a woman.
    • Examples of verbal and emotional abuse include insults, ridicule, humiliation, and repeated threats to cause physical pain.
    • Examples of economic abuse include deprivation of economic or financial resources, disposal of household effects, and prohibition or restriction to continued access to resources or facilities.

    Duties of Government

    • The Central Government and every State Government shall take all measures to ensure that:
      • Provisions of the Act are given wide publicity through public media.
      • Government officers, including police officers and members of the judicial services, are given periodic sensitization and awareness training.
      • Effective co-ordination is established between services provided by concerned Ministries and Departments.
      • Protocols for the delivery of services to women under the Act are prepared and put in place.

    Procedure for Obtaining Orders of Reliefs

    • 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 the Act.
    • The Magistrate may pass an order directing the respondent to pay compensation and damages for injuries, including mental torture and emotional distress.
    • The Magistrate may pass an interim order as he deems just and proper.
    • The Magistrate may grant an ex parte order on the basis of the affidavit of the aggrieved person.

    Power to Grant Orders

    • The Magistrate shall, in all cases, order that a copy of the order shall be given free of cost to the parties to the application, the police officer in-charge of the police station, and any service provider located within the local limits of the jurisdiction of the court.
    • A protection order made under section 18 shall be in force till the aggrieved person applies for discharge.
    • 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.

    Penalty and Protection

    • If any Protection Officer fails or refuses to discharge their duties without sufficient cause, they shall be punished with imprisonment or fine or both.
    • 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.
    • No suit, prosecution or other legal proceeding shall lie against the Protection Officer for any damage caused or likely to be caused by anything done or intended to be done in good faith under the Act.

    Power of Central Government to Make Rules

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

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    This quiz covers the Protection of Women from Domestic Violence Act, 2005, enacted by the Indian Parliament. It defines domestic violence and its implications.

    More Like This

    Domestic Violence Definition Flashcards
    6 questions
    Domestic Violence Act 2005 Quiz
    39 questions
    Use Quizgecko on...
    Browser
    Browser