What is domestic violence under the Protection of Women from Domestic Violence Act, 2005?

Section 3 gives domestic violence a wide meaning. It includes acts, omissions, commissions or conduct that harm, injure or endanger the health, safety, life, limb or well-being of the aggrieved woman, whether mental or physical, and expressly includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. It also covers harassment for unlawful demands such as dowry and threats or other physical or mental harm.

What kinds of abuse are covered by the Act?

The Act recognises physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. Conduct such as assault, bodily injury, humiliation, coercive sexual conduct, deprivation of financial resources, disposal of assets, and restriction of access to resources may fall within section 3 depending on the facts.

What is sexual abuse under the Act?

Section 3 explains sexual abuse as conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of a woman.

What is verbal and emotional abuse?

Verbal and emotional abuse includes insults, ridicule, humiliation, name-calling and, in the circumstances described by section 3, repeated threats or humiliation concerning children or the absence of a child. Whether particular conduct amounts to domestic violence depends on the facts and statutory definition.

What is economic abuse?

Economic abuse includes deprivation of economic or financial resources to which the aggrieved person is entitled or requires out of necessity, including household necessities, stridhan, jointly or separately owned property, maintenance, rental payments and other resources covered by section 3.

How can an aggrieved woman seek help or relief?

Information about domestic violence may be given to a Protection Officer under section 4. An aggrieved person may also approach a service provider, police officer or Magistrate, depending on the relief required. An application for statutory relief is ordinarily made under section 12.

Who is a Protection Officer?

Protection Officers are appointed by the State Government under section 8 for such areas as may be notified. Their statutory duties under section 9 include assisting the Magistrate, preparing a Domestic Incident Report, facilitating applications, helping obtain legal aid, shelter and medical assistance, and carrying out other prescribed functions.

How is an application for relief filed?

Section 12 permits an aggrieved person, a Protection Officer or another person on her behalf to present an application to the Magistrate seeking one or more reliefs under the Act. The Magistrate must consider any Domestic Incident Report received before passing an order.

Which court has jurisdiction under the Domestic Violence Act?

Under section 27, the competent court is the Judicial Magistrate of the first class or Metropolitan Magistrate within whose local limits the aggrieved person permanently or temporarily resides, carries on business or is employed; the respondent resides, carries on business or is employed; or the cause of action arose.

What reliefs are available under the Act?

Depending on the facts, the Magistrate may grant a protection order under section 18, residence order under section 19, monetary relief under section 20, temporary custody under section 21, compensation under section 22, and interim or ex parte relief under section 23. Section 17 separately recognises the right of an aggrieved woman to reside in the shared household.

What assistance can a Protection Officer or service provider arrange after physical violence?

They may facilitate medical examination and treatment, shelter and other statutory assistance. Section 9 places specific duties on Protection Officers, and sections 6 and 7 deal with shelter homes and medical facilities.

Where is a medical report sent?

Where medical aid is provided in connection with domestic violence, the Protection Officer or service provider should ensure that the relevant report is supplied in accordance with the Act and Rules to the appropriate Magistrate and police station where required.

How is notice of a section 12 application served?

Section 13 provides that notice of the hearing date is given by the Magistrate to the Protection Officer, who must cause it to be served on the respondent and any other person directed by the Magistrate. Service is to be effected within a maximum period of two days from receipt, or within such further reasonable time as the Magistrate allows.

What is the statutory target for disposal of a section 12 application?

Section 12(5) states that the Magistrate shall endeavour to dispose of every application under section 12 within 60 days from the date of the first hearing.

What procedure applies to proceedings under the Act?

Section 28 states that, save as otherwise provided, proceedings under sections 12, 18, 19, 20, 21, 22 and 23, and offences under section 31, are governed by criminal-procedure law. The current bare text still refers to the Code of Criminal Procedure, 1973. Because the CrPC was repealed by the BNSS from 1 July 2024, current proceedings should be handled with regard to the BNSS, its section 531 savings clause, and any binding judicial interpretation applicable to the proceeding. Section 28(2) also allows the court to lay down its own procedure for a section 12 application or section 23(2) proceeding.

Updated: 1 September 2026

Protection of Women from Domestic Violence Act, 2005: Protection, Residence, Monetary Relief, Custody and Live-in Relationships

This updated legal guide explains domestic violence, Protection Officers, applications under section 12, protection and residence orders, monetary relief, child custody, compensation, ex parte orders, appeals, breach of protection orders and protection available in qualifying live-in relationships.

Current criminal-procedure context: The Domestic Violence Act remains in force. Its section 28 bare text still refers to the Code of Criminal Procedure, 1973. The CrPC was repealed from 1 July 2024 by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), subject to the savings in section 531 BNSS for proceedings already pending immediately before commencement. Current procedural questions should therefore be checked against the applicable transition and binding court interpretation.

Domestic Violence Act: 32 Updated Questions and Answers

S.No.	Legal Term / Question	Updated Answer
1	What is domestic violence under the Protection of Women from Domestic Violence Act, 2005?	Section 3 gives domestic violence a wide meaning. It includes acts, omissions, commissions or conduct that harm, injure or endanger the health, safety, life, limb or well-being of the aggrieved woman, whether mental or physical, and expressly includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. It also covers harassment for unlawful demands such as dowry and threats or other physical or mental harm.
2	What kinds of abuse are covered by the Act?	The Act recognises physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. Conduct such as assault, bodily injury, humiliation, coercive sexual conduct, deprivation of financial resources, disposal of assets, and restriction of access to resources may fall within section 3 depending on the facts.
3	What is sexual abuse under the Act?	Section 3 explains sexual abuse as conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of a woman.
4	What is verbal and emotional abuse?	Verbal and emotional abuse includes insults, ridicule, humiliation, name-calling and, in the circumstances described by section 3, repeated threats or humiliation concerning children or the absence of a child. Whether particular conduct amounts to domestic violence depends on the facts and statutory definition.
5	What is economic abuse?	Economic abuse includes deprivation of economic or financial resources to which the aggrieved person is entitled or requires out of necessity, including household necessities, stridhan, jointly or separately owned property, maintenance, rental payments and other resources covered by section 3.
6	How can an aggrieved woman seek help or relief?	Information about domestic violence may be given to a Protection Officer under section 4. An aggrieved person may also approach a service provider, police officer or Magistrate, depending on the relief required. An application for statutory relief is ordinarily made under section 12.
7	Who is a Protection Officer?	Protection Officers are appointed by the State Government under section 8 for such areas as may be notified. Their statutory duties under section 9 include assisting the Magistrate, preparing a Domestic Incident Report, facilitating applications, helping obtain legal aid, shelter and medical assistance, and carrying out other prescribed functions.
8	How is an application for relief filed?	Section 12 permits an aggrieved person, a Protection Officer or another person on her behalf to present an application to the Magistrate seeking one or more reliefs under the Act. The Magistrate must consider any Domestic Incident Report received before passing an order.
9	Which court has jurisdiction under the Domestic Violence Act?	Under section 27, the competent court is the Judicial Magistrate of the first class or Metropolitan Magistrate within whose local limits the aggrieved person permanently or temporarily resides, carries on business or is employed; the respondent resides, carries on business or is employed; or the cause of action arose.
10	What reliefs are available under the Act?	Depending on the facts, the Magistrate may grant a protection order under section 18, residence order under section 19, monetary relief under section 20, temporary custody under section 21, compensation under section 22, and interim or ex parte relief under section 23. Section 17 separately recognises the right of an aggrieved woman to reside in the shared household.
11	What assistance can a Protection Officer or service provider arrange after physical violence?	They may facilitate medical examination and treatment, shelter and other statutory assistance. Section 9 places specific duties on Protection Officers, and sections 6 and 7 deal with shelter homes and medical facilities.
12	Where is a medical report sent?	Where medical aid is provided in connection with domestic violence, the Protection Officer or service provider should ensure that the relevant report is supplied in accordance with the Act and Rules to the appropriate Magistrate and police station where required.
13	How is notice of a section 12 application served?	Section 13 provides that notice of the hearing date is given by the Magistrate to the Protection Officer, who must cause it to be served on the respondent and any other person directed by the Magistrate. Service is to be effected within a maximum period of two days from receipt, or within such further reasonable time as the Magistrate allows.
14	What is the statutory target for disposal of a section 12 application?	Section 12(5) states that the Magistrate shall endeavour to dispose of every application under section 12 within 60 days from the date of the first hearing.
15	What procedure applies to proceedings under the Act?	Section 28 states that, save as otherwise provided, proceedings under sections 12, 18, 19, 20, 21, 22 and 23, and offences under section 31, are governed by criminal-procedure law. The current bare text still refers to the Code of Criminal Procedure, 1973. Because the CrPC was repealed by the BNSS from 1 July 2024, current proceedings should be handled with regard to the BNSS, its section 531 savings clause, and any binding judicial interpretation applicable to the proceeding. Section 28(2) also allows the court to lay down its own procedure for a section 12 application or section 23(2) proceeding.
16	Can the Magistrate order counselling?	Yes. Under section 14, at any stage the Magistrate may direct the respondent or aggrieved person, singly or jointly, to undergo counselling with a qualified member of a service provider. If such a direction is issued, the next hearing date must be fixed within a period not exceeding two months.
17	Can the Magistrate consider a Domestic Incident Report?	Yes. The Magistrate must consider a Domestic Incident Report received from the Protection Officer or service provider before passing an order on a section 12 application. The report is relevant but does not replace the court's judicial assessment of the evidence and relief sought.
18	What court orders can be obtained in a domestic violence case?	Reliefs include the right to reside in a shared household under section 17; protection orders under section 18; residence orders under section 19; monetary relief under section 20; custody orders under section 21; compensation under section 22; and interim or ex parte orders under section 23. Reliefs under sections 18 to 22 can also be claimed in other qualifying proceedings under section 26.
19	Can the Magistrate impose additional conditions in a protection order?	Yes. Section 18 permits the Magistrate to prohibit specified acts of domestic violence and related conduct and to impose appropriate directions within the statutory framework. Section 19 likewise permits additional directions connected with residence orders.
20	Who assists in enforcing protection and residence orders?	The Magistrate may direct the officer in charge of the nearest police station to assist in implementation of a protection order. Under section 19, police assistance may also be directed for implementation of a residence order.
21	Can the Magistrate order return of stridhan or other property?	Yes. Section 19(8) empowers the Magistrate to direct the respondent to return to the aggrieved person her stridhan or any other property or valuable security to which she is entitled.
22	Can the court pass an ex parte order?	Yes. Section 23(2) empowers the Magistrate to grant an ex parte order on the basis of an affidavit in the prescribed form if satisfied that the application prima facie discloses that the respondent is committing, has committed, or is likely to commit an act of domestic violence.
23	What must be considered before an ex parte order is passed?	The Magistrate must be satisfied from the application and affidavit that there is a prima facie basis for the statutory relief sought. Section 23(2) specifically permits ex parte orders under sections 18, 19, 20, 21 and 22 where the statutory conditions are met.
24	What is a live-in relationship for purposes of the Domestic Violence Act?	The Act does not protect every live-in arrangement automatically. Section 2(f) covers a domestic relationship arising through a 'relationship in the nature of marriage'. Courts examine the real nature of the relationship, including whether the parties lived together in a shared household and whether the relationship had characteristics comparable to marriage.
25	What factors may indicate a 'relationship in the nature of marriage'?	Supreme Court decisions have treated factors such as duration of the relationship, shared household, pooling of resources and financial arrangements, domestic arrangements, sexual relationship, children, socialisation in public, and the intention and conduct of the parties as relevant. No single factor is necessarily conclusive; the overall relationship must be assessed.
26	Can relief under the Act be claimed in other legal proceedings?	Yes. Section 26 permits relief available under sections 18, 19, 20, 21 and 22 to be sought in other legal proceedings before a civil court, family court or criminal court affecting the aggrieved person and respondent, whether the proceeding began before or after commencement of the Act.
27	How long does a protection order remain in force?	Section 25(1) provides that a protection order under section 18 remains in force until the aggrieved person applies for its discharge. Under section 25(2), the Magistrate may alter, modify or revoke an order upon a change in circumstances, for reasons recorded in writing.
28	Where is an appeal filed against an order under the Act?	Section 29 provides an appeal to the Court of Session from an order made by the Magistrate under the Act.
29	What is the limitation period for filing an appeal?	Section 29 provides 30 days from the date on which the Magistrate's order is served on the aggrieved person or the respondent, whichever is later.
30	Is a free copy of the order supplied to the parties?	Yes. Section 24 requires the Magistrate to provide a copy of an order under the Act free of cost to the parties, the police officer in charge of the relevant police station and any service provider located within the court's jurisdiction, as required by the section.
31	What is the punishment for breach of a protection order?	Section 31 makes breach of a protection order or interim protection order by the respondent an offence punishable with imprisonment up to one year, or fine up to ₹20,000, or both.
32	What is the legal effect of breach of a protection order?	Under section 31, breach itself is a criminal offence. Section 32 provides that the offence is cognizable and non-bailable and permits the court, in the circumstances stated there, to conclude that an offence under section 31 has been committed on the sole testimony of the aggrieved person. Other offences disclosed by the same facts may be proceeded with under the applicable penal law, including the Bharatiya Nyaya Sanhita, 2023 for post-1 July 2024 offences, subject to transitional rules.

Important provisions at a glance

Section 3: definition of domestic violence. Sections 4-10: information, police/service-provider duties, shelter, medical facilities and Protection Officers. Section 12: application to Magistrate. Sections 17-23: residence, protection, monetary, custody, compensation and interim/ex parte relief. Sections 24-25: copies and duration/alteration of orders. Section 26: relief in other legal proceedings. Section 27: jurisdiction. Section 29: appeal. Sections 31-32: breach of protection orders and cognizability/bailability.

Live-in relationships and the Domestic Violence Act

Section 2(f) expressly includes a domestic relationship arising through a relationship "in the nature of marriage". The Supreme Court has repeatedly treated the expression as wider than formal marriage, while requiring the factual relationship to possess relevant marital characteristics. Factors such as duration, a shared household, financial and domestic arrangements, public conduct, children and the parties' intention may be relevant. The assessment is fact-specific.

Official legal sources

For authoritative text, refer to the Protection of Women from Domestic Violence Act, 2005 - India Code and the Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code. For recent Supreme Court treatment of the breadth of "domestic relationship", refer to the official Supreme Court judgment dated 19 May 2025 in the 2024 civil appeal proceeding.

Disclaimer: This page provides general legal information. Relief depends on the facts, territorial jurisdiction, evidence, applicable procedural law and binding judicial decisions. For urgent danger or violence, appropriate police, medical and protection services should be approached without delay.