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What is the purpose of the Protection of Women from Domestic Violence Act, 2005?
What is the purpose of the Protection of Women from Domestic Violence Act, 2005?
When did the Protection of Women from Domestic Violence Act, 2005 come into force?
When did the Protection of Women from Domestic Violence Act, 2005 come into force?
What is the extent of the Protection of Women from Domestic Violence Act, 2005?
What is the extent of the Protection of Women from Domestic Violence Act, 2005?
What is the year of the Republic of India in which the Protection of Women from Domestic Violence Act, 2005 was enacted?
What is the year of the Republic of India in which the Protection of Women from Domestic Violence Act, 2005 was enacted?
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What is the title of the Act that provides for the protection of women from domestic violence?
What is the title of the Act that provides for the protection of women from domestic violence?
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What is the chapter that deals with the preliminary aspects of the Protection of Women from Domestic Violence Act, 2005?
What is the chapter that deals with the preliminary aspects of the Protection of Women from Domestic Violence Act, 2005?
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What can the Magistrate order the respondent to pay in addition to other reliefs under this Act?
What can the Magistrate order the respondent to pay in addition to other reliefs under this Act?
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In what circumstances can an ex parte order be granted?
In what circumstances can an ex parte order be granted?
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Who should receive a copy of the order passed by the Magistrate under this Act?
Who should receive a copy of the order passed by the Magistrate under this Act?
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For how long is a protection order made under section 18 in force?
For how long is a protection order made under section 18 in force?
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What type of order can the Magistrate pass under section 23?
What type of order can the Magistrate pass under section 23?
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What is the basis for granting an ex parte order under section 23?
What is the basis for granting an ex parte order under section 23?
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What can the Magistrate do in addition to granting interim and ex parte orders?
What can the Magistrate do in addition to granting interim and ex parte orders?
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What should the Magistrate do with a copy of the order passed under this Act?
What should the Magistrate do with a copy of the order passed under this Act?
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How can the court conclude that an offence under sub-section (1) of section 31 has been committed?
How can the court conclude that an offence under sub-section (1) of section 31 has been committed?
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What is the punishment for a Protection Officer who fails to discharge their duties?
What is the punishment for a Protection Officer who fails to discharge their duties?
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Who needs to sanction a complaint against a Protection Officer?
Who needs to sanction a complaint against a Protection Officer?
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What is the protection provided to the Protection Officer under Section 35?
What is the protection provided to the Protection Officer under Section 35?
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What is the relationship between the provisions of this Act and other laws?
What is the relationship between the provisions of this Act and other laws?
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Who has the power to make rules for carrying out the provisions of this Act?
Who has the power to make rules for carrying out the provisions of this Act?
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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?
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?
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Who can present an application to the Magistrate seeking one or more reliefs under this Act?
Who can present an application to the Magistrate seeking one or more reliefs under this Act?
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What is one of the things that the Magistrate shall take into consideration before passing any order on an application?
What is one of the things that the Magistrate shall take into consideration before passing any order on an application?
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What is one of the duties of the Central Government and every State Government in ensuring the provisions of this Act are implemented?
What is one of the duties of the Central Government and every State Government in ensuring the provisions of this Act are implemented?
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What is one of the purposes of the protocols for the delivery of services to women under this Act?
What is one of the purposes of the protocols for the delivery of services to women under this Act?
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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?
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?
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What does 'physical abuse' include according to the Act?
What does 'physical abuse' include according to the Act?
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What is the purpose of harassment according to the Act?
What is the purpose of harassment according to the Act?
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What is included in 'verbal and emotional abuse'?
What is included in 'verbal and emotional abuse'?
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What is the result of an act, omission, or commission that endangers the health, safety, life, limb, or well-being of the aggrieved person?
What is the result of an act, omission, or commission that endangers the health, safety, life, limb, or well-being of the aggrieved person?
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What is included in 'economic abuse'?
What is included in 'economic abuse'?
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What is the effect of an act, omission, or commission that has the effect of threatening the aggrieved person?
What is the effect of an act, omission, or commission that has the effect of threatening the aggrieved person?
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What is included in 'sexual abuse'?
What is included in 'sexual abuse'?
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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?
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?
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What is the purpose of the Act's definition of domestic violence?
What is the purpose of the Act's definition of domestic violence?
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What is included in 'domestic violence' according to the Act?
What is included in 'domestic violence' according to the Act?
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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.
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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.