Act Number: 43

Act Name: The Protection of Women from Domestic Violence Act, 2005

Year: 2005

Enactment Date: 2005-09-13

Long Title: An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto.

Ministry: Ministry of Women and Child Development

Department:

Section 5: Duties of police officers, service providers and Magistrate.
    A police officer, Protection Officer, service provider or Magistrate who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him, shall inform the aggrieved person--
         (a) of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under this Act;
         (b) of the availability of services of service providers;
         (c) of the availability of services of the Protection Officers;
         (d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987);
         (e) of her right to file a complaint under section 498A of the Indian Penal Code (45 of 1860),wherever relevant:
         Provided that nothing in this Act shall be construed in any manner as to relieve a police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence.
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