Domestic Violence Act 2005

Section 37 of Domestic Violence Act Power of Central Government to make rules (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.  (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for...

Section 36 of Domestic Violence Act Act not in derogation of any other law. The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force. 

Section 35 of Domestic Violence Act Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the Protection Officer for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or any...

Section 34 of Domestic Violence Act Cognizance of offence committed by Protection Officer 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 on this...

Section 33 of Domestic Violence Act Penalty for not discharging duty by Protection Officer If any Protection Officer fails or refuses to discharge his duties as directed by the Magistrate in the protection order without any sufficient cause, he shall be punished with imprisonment of either...

Section 32 of Domestic Violence Act  Cognizance and proof (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under sub-section (1) of section 31 shall be cognizable and non-bailable.  (2) Upon the sole testimony of the aggrieved...

Section 30 of Domestic Violence Act Protection Officers and members of service providers to be public servants The Protection Officers and members of service providers, while acting or purporting to act in pursuance of any of the provisions of this Act or any rules or orders made thereunder shall...

Section 29 of Domestic Violence Act Appeal There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.

Section 28 of Domestic Violence Act Procedure (1) Save as otherwise provided in this Act, all proceedings under sections 12,18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).  (2) Nothing in...

Section 27 of Domestic Violence Act Jurisdiction (1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which—  (a) the person aggrieved permanently or temporarily resides or carries on business or is employed;...

Section 26 of Domestic Violence Act Relief in other suits and legal proceedings (1) Any relief available under sections 18, 19,20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent whether...

Section 25 of Domestic Violence Act Duration and alteration of orders (1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge.  (2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied...

Section 24 of Domestic Violence Act Court to give copies of order free of cost The Magistrate shall, in all cases where he has passed any order under this Act, order that a copy of such order, shall be given free of cost, to the parties to the application, the police officer in-charge of the...

Section 23 of Domestic Violence Act Power to grant interim and ex parte orders. (1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper.  (2) If the Magistrate is satisfied that an application prima facie discloses that the...