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Legal Reasoning · 5 questions · about 1 min to read

The Domestic Violence Act, 2005

Read the passage, answer the questions, then open each answer to check it. The explanation says why the right option is right.

The passage

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The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides civil remedies to women who have suffered or are likely to suffer domestic violence, defined broadly to include physical, sexual, verbal, emotional, and economic abuse. The Act is significant in that it extends protection to women in relationships that do not involve formal marriage, including relationships in the nature of marriage. A 'shared household' is a key concept under the Act — it refers to a household where the person aggrieved lives or has at any point lived in a domestic relationship.

The Act allows an aggrieved woman to approach a Protection Officer, who assists in filing a Domestic Incident Report and obtaining orders from the Magistrate. Available orders include: Protection Orders (directing the respondent to stop the violence), Residence Orders (ensuring the woman's right to reside in the shared household), Monetary Relief Orders, Custody Orders, and Compensation Orders.

A critical aspect of the Act is its civil nature — proceedings are before a Magistrate under the Code of Criminal Procedure, but the reliefs granted are civil in character. The Act does not preclude the aggrieved woman from simultaneously filing a criminal complaint under relevant sections of the Bharatiya Nyaya Sanhita, 2023 for offences such as cruelty or assault.

  1. Q1. A woman in a live-in relationship of three years is subjected to verbal abuse and economic deprivation by her partner. Can she seek relief under the PWDVA?

    1. No, because the Act applies only to formally married women
    2. No, because verbal and economic abuse are not recognised forms of domestic violence
    3. Yes, because the Act extends to relationships in the nature of marriage and covers verbal and economic abuse
    4. Yes, but only for physical abuse — not verbal or economic abuse
    Show answer

    Answer: C. Yes, because the Act extends to relationships in the nature of marriage and covers verbal and economic abuse

    The passage states the Act extends to 'relationships in the nature of marriage' and defines domestic violence broadly to include 'verbal, emotional, and economic abuse.'

  2. Q2. A woman is forced out of the matrimonial home by her in-laws. Which order under the PWDVA is most directly applicable to restore her right to remain in that home?

    1. Protection Order
    2. Monetary Relief Order
    3. Residence Order
    4. Custody Order
    Show answer

    Answer: C. Residence Order

    The passage describes Residence Orders as 'ensuring the woman's right to reside in the shared household.'

  3. Q3. Can an aggrieved woman under the PWDVA simultaneously file a criminal complaint for cruelty?

    1. No, she must choose between the civil remedy under PWDVA and a criminal complaint
    2. Yes, the Act explicitly does not preclude a simultaneous criminal complaint
    3. Yes, but only if the Magistrate grants permission
    4. No, because the PWDVA is the exclusive remedy for domestic violence
    Show answer

    Answer: B. Yes, the Act explicitly does not preclude a simultaneous criminal complaint

    The passage states: 'The Act does not preclude the aggrieved woman from simultaneously filing a criminal complaint under relevant sections.'

  4. Q4. What is the role of the Protection Officer under the PWDVA?

    1. To adjudicate complaints of domestic violence and issue orders
    2. To arrest the respondent upon receipt of a complaint
    3. To assist the aggrieved woman in filing a Domestic Incident Report and obtaining orders
    4. To mediate between the aggrieved woman and the respondent
    Show answer

    Answer: C. To assist the aggrieved woman in filing a Domestic Incident Report and obtaining orders

    The passage states: 'A Protection Officer... assists in filing a Domestic Incident Report and obtaining orders from the Magistrate.'

  5. Q5. The Bharatiya Nyaya Sanhita, 2023, referred to in the passage, replaced which legislation?

    1. The Code of Criminal Procedure, 1973
    2. The Indian Evidence Act, 1872
    3. The Indian Penal Code, 1860
    4. The Protection of Women from Domestic Violence Act, 2005
    Show answer

    Answer: C. The Indian Penal Code, 1860

    The Bharatiya Nyaya Sanhita (BNS) 2023 replaced the Indian Penal Code (IPC) 1860. The passage references it alongside 'offences such as cruelty or assault' — which are IPC-type provisions.

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