The Protection of Women from Domestic Violence Act, 2005 - HIPA

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(xiv)The Act provides for remedies under the CivilLaw and at the same time, creates two penaloffences.(xv) While the Act seeks to punish Protection officersfor dereliction of duties, it intends to protectthem from false or frivolous complaints. Theycannot be prosecuted without any sanction of theState Government. That apart, action taken bythem in good faith is protected (Sec. 35).(xvi) All proceedings under the Act for obtainingreliefs and also for trial of offences are to begoverned by the Code of Criminal Procedure.The Magistrate may, however, evolve his ownprocedure in two situations u/s 12 and u/s 23 (2).
(xvii)(xviii)(xix)(xx)There are provisions in the Act,empowering the Magistrate to passinterim or ex parte orders. He may dealwith emergent situations, as and whenthey may so require.Protection Officers and members of theService Providers shall be deemed to bepublic servants (Sec 30).Both the offences created under the Actare cognizable and non-bailable.Orders passed by the Magistrate maysubsequently be rescinded or modified ifthe circumstances so require. That kind offlexibility has been in-built in the Actitself.
Page 1 and 2: The Protection of Women fromDomesti
Page 3 and 4: 3. Commencement of the Act.This Act
Page 5 and 6: 6.Domestic Violence under the ActTh
Page 7 and 8: 7. Reliefs available under the Act
Page 9 and 10: 10. Proceedings under the Act for r
Page 11 and 12: 11. Nature of the reliefs under the
Page 13 and 14: 12.5 “Prima Facie Case” is a ca
Page 15 and 16: 14. Offences created under the Act:
Page 17 and 18: 16. Salient Features of the Act:(i)
Page 19: (ix)(x)(xi)It provides for counsell
Page 23: (xxiv)(xxv)Involvement of the NGOs

The Protection of Women from Domestic Violence Act, 2005 - HIPA

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