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What is the punishment for domestic violence under the Protection of Women from Domestic Violence Act?

08-Nov-2023
Indian

Answer By law4u team

The Protection of Women from Domestic Violence Act, 2005, is a legislation in India that specifically addresses the issue of domestic violence and provides protection and remedies for victims of domestic violence. It doesn't prescribe criminal punishments for perpetrators, as it is a civil law aimed at providing civil remedies and protection to victims. Under the Act, a victim of domestic violence can seek a Protection Order, Residence Order, Monetary Relief, Custody Order, or Compensation Order against the perpetrator. These orders can include measures like restraining the abuser from committing acts of domestic violence, providing the victim with a safe place to stay, and granting financial support to the victim. However, if the perpetrator's actions constitute a criminal offense, they can also be charged under the relevant criminal laws in India, such as the Indian Penal Code (IPC). For example, if the domestic violence involves physical assault, harassment, or other criminal acts, the abuser can face criminal charges and punishments as provided under the IPC. It's important to note that while the Protection of Women from Domestic Violence Act primarily deals with civil remedies and protection for victims, the criminal justice system in India handles cases involving criminal offenses related to domestic violence, and perpetrators can face criminal penalties as determined by the courts.

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