Domestic Violence Act MCQ Quiz - Objective Question with Answer for Domestic Violence Act - Download Free PDF

The correct answer is '2005'

Key Points

• The Protection of Women from Domestic Violence Act, 2005:
  • The Protection of Women from Domestic Violence Act (PWDVA) was enacted in 2005 by the Government of India to address the issue of domestic violence against women.
  • The Act provides a comprehensive definition of domestic violence, including physical, emotional, verbal, sexual, and economic abuse, ensuring broader protection for women.
  • It is a civil law aimed at providing relief to women facing domestic violence rather than punishing the perpetrator. The Act includes provisions for protection orders, residence rights, monetary relief, and custody orders.
  • The law empowers magistrates to take immediate action to ensure the safety and well-being of the aggrieved woman.
  • It also mandates the appointment of Protection Officers and the establishment of shelter homes and medical facilities for victims.

Additional Information

• Incorrect Options:
  • 1992: This year predates the enactment of the Act. During this period, domestic violence was addressed under general provisions of the Indian Penal Code, but there was no specific legislation like PWDVA.
  • 2010: This is incorrect as it is five years after the actual enactment of the Act. By 2010, the Act was already in effect and being implemented across India.
  • 2002: Although this year was significant for other legal reforms, the Protection of Women from Domestic Violence Act was not introduced until 2005.
• Significance of the Act:
  • The Act was a major step forward in recognizing and addressing the issue of domestic violence as a distinct and urgent problem.
  • It also represents India's commitment to international conventions like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

The correct answer is 'OPTION 3'.

Key Points

• Section 18 of the Protection of Women from Domestic Violence Act:
  • Section 18 of the Protection of Women from Domestic Violence Act, 2005, empowers the court to pass protection orders in favor of the aggrieved person.
  • These orders can prevent the respondent from committing any act of domestic violence, entering the place of employment or residence of the aggrieved person, or contacting the aggrieved person in any manner.
  • The protection order is aimed at ensuring the safety and security of the aggrieved person, providing a legal remedy to prevent further harm or harassment.

Additional Information

• Section 17:
  • Section 17 of the Protection of Women from Domestic Violence Act grants the aggrieved person the right to reside in a shared household, irrespective of her title or rights in the property.
  • This section ensures that a woman cannot be evicted or excluded from the shared household by the respondent.
• Section 16:
  • Section 16 of the Act deals with the procedure for recording evidence in domestic violence cases, specifying that the magistrate may conduct proceedings in camera if either party so desires.
  • It aims to protect the privacy and dignity of the aggrieved person during legal proceedings.
• Section 20:
  • Section 20 of the Act allows the court to grant monetary relief to the aggrieved person, covering expenses incurred and losses suffered as a result of domestic violence.
  • This monetary relief can include compensation for medical expenses, loss of earnings, and other related costs.

The correct answer is 30

Key Points

• As per Section 29 of the Protection of Women from Domestic Violence Act, 2005, any person aggrieved by an order of the Magistrate may prefer an appeal to the Court of Session within 30 days from the date on which the order is served on the aggrieved person or the respondent, whichever is later.
• This provision ensures a prompt appellate mechanism for addressing grievances arising from the Magistrate's order under the Act.

The correct answer is Section 2 (s)Key PointsAs per Section 2 (s) of Domestic Violence Act, 2005 “shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a house hold whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household."  Additional Information

• Section 2(d) states “custody order” means an order granted in terms of section 21.
• Section 2(f) states “domestic relationship” means a relationship between two persons who live or have, at any point of time,lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.
• Section 3 provides definition for domestic violence and states : 
• For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—
• (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and  includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
• (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
• (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

The correct answer is Option 3

Key Points

• Under Section 16 of the Protection of Women from Domestic Violence Act, 2005:
  • The court may conduct the proceedings in camera, if it thinks fit to do so.
  • Additionally, if either party to the proceedings makes an application for the same, the Magistrate may order in camera proceedings.​
• It is not mandatory for all proceedings under this Act to be held in camera.
• It is discretionary with the Magistrate, based on the nature and sensitivity of the matter.
• Further, even if the Magistrate doesn’t initially decide so, either party may apply, and the court may grant it.

The correct answer is option 1.Key Points

•  In the case of Sarswathy v. Babu (2014), reported in 3 SCC 712, the Hon'ble Supreme Court ruled that when an act of domestic violence began prior to the enactment of The Protection of Women from Domestic Violence Act and persisted even after the enactment, the aggrieved person is entitled to the protection provided by the Act.
• This ruling emphasizes that the temporal scope of the Protection of Women from Domestic Violence Act extends to situations where the violence commenced before the Act came into force but continued thereafter. The Court recognized the need for ongoing protection for victims of domestic violence, regardless of when the abusive behavior began.

The correct answer is Option 4.

Key PointsUnder the protection of Women from Domestic Violence Act, 2005, besides passing orders for protection and residence, a Magistrate can pass:

• Under Section 21, the custody order of the child or children of the aggrieved person or the person making an application on her behalf can be passed by a Magistrate.
• Under Section 22, the Court is also empowered to pay compensation.
• Section 23 empowers the Magistrate to grant interim and ex-parte orders; including the power vested under Sections 18, 19, 20, 21 and 22 of the Domestic Violence Act. 

The correct answer is option 1.Key Points

• Section 2 (q) of Protection of Women from Domestic Violence Act, 2005 deals with definition of  “respondent”.
• Respondent means any adult person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act.
  • Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner including female relatives of the respondent husband or the male partner.

The correct answer is Option 2.

Key PointsSection 14 in The Protection of Women from Domestic Violence Act, 2005

Counselling: 

1. The Magistrate may, at any stage of the proceedings under this Act, direct the respondent or the aggrieved person, either singly or jointly, to undergo counselling with any member of a service provider who possess such qualifications and experience in counselling as may be prescribed.
2. Where the Magistrate has issued any direction under sub-section (1), he shall fix the next date of hearing of the case within a period not exceeding two months

The correct answer is Option 1.

Key PointsSection 1: Short title, extent and commencement.

1. This Act may be called the Protection of Women from Domestic Violence Act, 2005.
2. It extends to the whole of India. 
3. It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.

1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).

The correct answer is Option 1

Key PointsSection 31 of the DV Act: Penalty for Breach of Protection Order by Respondent

• Offence and Punishment
  • Breach of protection order or interim protection order by the respondent is an offence.
• Punishable with:
  •  Imprisonment up to one year.
  •    Fine up to twenty thousand rupees.   Or both.
• Trial by Magistrate
  • Offence to be tried, as far as practicable, by the Magistrate who passed the order alleged to have been breached. Framing of Charges
• Magistrate may also frame charges under:
  •  Section 498A of the Indian Penal Code.
  •  Any other relevant provision of the Indian Penal Code.
  • The Dowry Prohibition Act, 1961.
  • Applicable if facts disclose commission of an offence under these provisions.

The correct answer is Section 3

Key PointsSection 3 of the Act provides for Definition of domestic violence
It states that : For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it
(a) harms or injures or endangers the health, safety, life, limp or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

Explanation I : For the purposes of this section : 
(i) physical abuse means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;
(iii) verbal and emotional abuse includes: 
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.
(iv) economic abuse includes : 
(a) deprivation of all or any economic or financial resources to which the aggrieved person in entitled under any law or custom whether payable under an order of a Court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.

Explanation II : For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes domestic violence under this section, the overall facts and circumstances of the case shall be taken into consideration.

The correct answer is 30 days 

Key Points Section 29 of the Protection of Women from Domestic Violence Act, 2005 deals with Appeals.
It states that : There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.

The correct answer is Section 37

Key PointsSection 37 of The Protection of Women from Domestic Violence Act, 2005 provides for Power of Central Government to make rules.

It states that : 
(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) the qualifications and experience which a Protection Officer shall possess under sub-section (2) of section 8;
(b) the terms and conditions of service of the Protection Officers and the other officers subordinate to him, under sub-section (3) of section 8;
(c) the form and manner in which a domestic incident report may be made under clause (b) of sub-section (1) of section 9;
(d) the form and the manner in which an application for protection order may be made to the Magistrate under clause (c) of sub-section (1) of section 9;
(e) the form in which a complaint is to be filed under clause (d) of sub-section (1) of section 9;
(f) the other duties to be performed by the Protection Officer under clause (i) of sub-section (1) of section 9;
(g) the rules regulating registration of service providers under sub-section (1) of section 10;
(h) the form in which an application under sub-section (1) of section 12 seeking reliefs under this Act may be made and the particulars which such application shall contain under sub-section (3) of that section;
(i) the means of serving notices under sub-section (1) of section 13;
(j) the form of declaration of service of notice to be made by the Protection Officer under sub-section (2) of section 13;
(k) the qualifications and experience in counselling which a member of the service provider shall possess under sub-section (1) of section 14;
(l) the form in which an affidavit may be filed by the aggrieved person under sub-section (2) of section 23;
(m) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The correct answer is Option 1

Key Points

• Section 6 of the Domestic Violence Act outlines the responsibilities of shelter homes regarding the accommodation of victims.
• If a victim of domestic violence, or an authorized individual such as a Protection Officer or service provider on behalf of the victim, requests shelter, the person in charge of the shelter home is legally obligated to provide accommodation to the victim.
• This ensures that victims have immediate access to safe housing when they are in need.