Women's Rights | Civil Protection & Criminal Enforcement

Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act, 2005 (Act No. 43 of 2005) provides civil protection and other reliefs to women facing domestic violence within a domestic relationship. It covers physical, sexual, verbal, emotional and economic abuse and provides remedies through the Magistrate, Protection Officers and registered service providers.

Current legal position: The Act came into force on 26 October 2006 and now extends to the whole of India. The earlier exclusion of Jammu and Kashmir was removed with effect from 31 October 2019. The Protection of Women from Domestic Violence Rules, 2006 continue to prescribe forms, procedures and duties under the Act. References in the Act to the Code of Criminal Procedure, 1973 must now be read in the present criminal-procedure framework after the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, subject to its repeal-and-savings provisions.
Domestic violenceSection 3 covers physical, sexual, verbal, emotional and economic abuse, including conduct connected with unlawful dowry demands.
Right to residenceSection 17 protects a woman's right to reside in the shared household whether or not she has title or beneficial interest in it.
Available reliefsProtection orders, residence orders, monetary relief, temporary custody, compensation and interim or ex parte orders may be sought.
AppealUnder Section 29, an appeal lies to the Court of Session within 30 days from service of the Magistrate's order on the aggrieved person or respondent, whichever is later.

What Relief Can Be Claimed Under the Domestic Violence Act?

An aggrieved woman may seek one or more remedies depending on the facts of the case. These include a protection order under Section 18, a residence order under Section 19, monetary relief under Section 20, temporary custody under Section 21, compensation and damages under Section 22, and interim or ex parte relief under Section 23.

Section 12 permits an application to the Magistrate. The Act states that the first hearing should ordinarily be fixed within three days of receipt of the application and that the Magistrate should endeavour to dispose of the application within sixty days from the first hearing.

Penalty for Breach of Protection Order

Under Section 31, breach of a protection order or interim protection order is an offence punishable with imprisonment that may extend to one year, or fine that may extend to ₹20,000, or both. Section 32 makes the offence cognizable and non-bailable.

Domestic Violence Act 2005 - Section-wise Guide

The following internal section links from the original page are retained so readers can move directly to the relevant provision and explanation.

Free Legal Aid and Women's Assistance

Women are eligible to seek free legal aid through Legal Services Authorities. NALSA provides assistance through Taluk, District and State Legal Services Authorities and operates the national legal-aid helpline 15100. The Government's Women Helpline can also be contacted at 181 for support and referral services.

Legally reviewed and redesigned: 4 September 2026.