The Protection of Women from Domestic Violence Act, 2005 offers a menu of civil reliefs, but the protection order under Section 18 is its preventive core. It does not compensate for past violence; it forbids future acts. This article explains what a protection order can prohibit, how it is applied for and granted, how long it lasts, and what follows if it is disobeyed.
What a protection order is
A protection order is a prohibitory direction. Section 18 of the Act of 2005 empowers the Magistrate, after giving the aggrieved person and the respondent an opportunity of being heard, and on being prima facie satisfied that domestic violence has taken place or is likely to take place, to pass an order in favour of the aggrieved person prohibiting the respondent from specified conduct. Unlike monetary relief, which looks backwards at loss suffered, the protection order looks forward: its object is to prevent violence, harassment and interference from recurring.
Two features deserve emphasis. First, the threshold is prima facie satisfaction — the Magistrate need not conclude a full trial before granting the order. Second, the order may address not only violence that has occurred but violence that is likely to occur, which makes the relief genuinely preventive.
What the order can prohibit: clauses (a) to (g)
Section 18 enumerates the acts the Magistrate may forbid, and the list is broad enough to cover most patterns of harassment seen in practice:
- Clause (a): committing any act of domestic violence;
- Clause (b): aiding or abetting in the commission of acts of domestic violence;
- Clause (c): entering the place of employment of the aggrieved person or, if she is a child, her school or any other place she frequents;
- Clause (d): attempting to communicate with the aggrieved person in any form, including personal, oral, written, electronic or telephonic contact;
- Clause (e): alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both parties, jointly or singly, including her stridhan or any other property held jointly or separately, without the leave of the Magistrate;
- Clause (f): causing violence to the dependants, other relatives or any person who gives the aggrieved person assistance against domestic violence;
- Clause (g): committing any other act specified in the protection order.
Clause (g) is a residuary power: the Magistrate may tailor the order to the facts, forbidding conduct that does not fit neatly within the earlier clauses. Clause (e) is often overlooked but is of real practical value where there is a risk of stridhan, joint accounts or lockers being dealt with behind the back of the aggrieved person.
Procedure before the Magistrate
Step 1 — Application under Section 12
The aggrieved person, a Protection Officer, or any other person on her behalf presents an application to the Magistrate seeking one or more reliefs under the Act, including a protection order under Section 18.
Step 2 — Domestic Incident Report
Section 12 requires the Magistrate to take into consideration any Domestic Incident Report received from the Protection Officer or the service provider before passing an order on the application.
Step 3 — Notice and hearing
Section 13 provides for service of notice on the respondent, ordinarily within two days. The first hearing is to be fixed, as far as practicable, within three days of receipt of the application, and Section 12 contemplates disposal within sixty days of the first hearing.
Step 4 — Interim and final orders
Under Section 23 the Magistrate may grant interim, and in appropriate cases ex parte, protection orders pending final adjudication. After hearing both sides, a final order under Section 18 may follow on prima facie satisfaction.
The application under Section 12 is a civil proceeding before a criminal court: the Magistrate follows the procedure indicated in the Act and the Rules, and Section 28 permits the court to lay down its own procedure where needed. Copies of the order are supplied free of cost to the parties, the police station and the service provider concerned under Section 24.
Duration, alteration and breach
Section 25(1) states that a protection order under Section 18 shall be in force till the aggrieved person applies for discharge. There is no automatic expiry. Section 25(2) balances this by permitting the Magistrate, on an application by either party showing a change in the circumstances, to alter, modify or revoke any order — with reasons recorded in writing.
The consequence of breach is what gives the order its teeth. Under Section 31, breach of a protection order or an interim protection order by the respondent is an offence punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both. Section 32 declares the offence cognizable and non-bailable, and provides that the court may conclude that the offence has been committed upon the sole testimony of the aggrieved person. While framing charges for breach, the Magistrate may also frame charges under other applicable penal provisions, such as Section 85 of the BNS (formerly Section 498A IPC), where the facts disclose them.
How it differs from monetary and residence relief
| Feature | Protection order (s. 18) | Residence order (s. 19) | Monetary relief (s. 20) |
|---|---|---|---|
| Nature | Prohibitory — forbids future acts | Regulates occupation of the shared household | Compensatory — meets expenses and losses |
| Directed at | Conduct of the respondent | Rights of residence and dispossession | Maintenance, medical expenses, loss of earnings, property loss |
| Enforcement of breach | Prosecution under s. 31 — cognizable, non-bailable | Breach of a s. 19 order framed as breach of protection order attracts s. 31 | Recovery mechanisms under s. 20(6), including directions to employers or debtors |
| Duration | Until discharged on the application of the aggrieved person (s. 25) | As ordered; alterable under s. 25(2) | As ordered; alterable under s. 25(2) |
A single application under Section 12 may seek several reliefs together — protection, residence, monetary relief, custody under Section 21 and compensation under Section 22 — and Section 26 permits these reliefs to be sought even in other pending civil or criminal proceedings.
Closing observations
The protection order is the simplest relief under the Act to state and often the most consequential in daily life: it draws a legal boundary around the aggrieved person, her workplace, her communications and her property, and criminalises the crossing of that boundary. Whether it is the appropriate relief, and how its clauses should be framed on a given set of facts, are matters on which independent legal advice on specific facts is always advisable.
Frequently Asked Questions
Who can apply for a protection order under Section 18?
The aggrieved person — a woman who is, or has been, in a domestic relationship with the respondent and alleges domestic violence — may apply. Section 12 also permits a Protection Officer or any other person to present the application on her behalf. The application is made to the Judicial Magistrate of the first class or Metropolitan Magistrate within whose jurisdiction she resides, works, or where the cause of action arose.
Can a protection order be granted at the interim stage?
Yes. Section 23 of the Act empowers the Magistrate to pass interim orders, and, where the application discloses a prima facie case of domestic violence, even an ex parte order on the basis of the affidavit of the aggrieved person. An interim protection order operates immediately and continues until it is varied or the application is finally decided.
How long does a protection order remain in force?
Section 25(1) provides that a protection order remains in force until the aggrieved person applies for its discharge. It does not lapse automatically. Under Section 25(2), either party may seek alteration, modification or revocation of any order upon showing a change in circumstances, and the Magistrate must record reasons for any such change.
What happens if the respondent breaches a protection order?
Breach of a protection order, or of an interim protection order, is an offence under Section 31 of the Act, punishable with imprisonment which may extend to one year, or with fine up to twenty thousand rupees, or both. Section 32 makes the offence cognizable and non-bailable. The breach is tried by the Magistrate, who may frame charges on the sole testimony of the aggrieved person.