Protection order
Also called: Interim protection order
An order made by a Magistrate under Section 18 of the Protection of Women from Domestic Violence Act, 2005 prohibiting the respondent from committing domestic violence and related acts. Section 2(o) of that Act.
Explained
Section 2(o) of the Protection of Women from Domestic Violence Act, 2005 defines a protection order as an order made in terms of Section 18. Under Section 18, 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, may pass a protection order in favour of the aggrieved person.
The order may prohibit the respondent from committing any act of domestic violence; aiding or abetting it; entering the aggrieved person's place of employment or, for a child, her school or other places she frequents; attempting to communicate with her in any form, including personal, written, electronic or telephonic contact; alienating assets, operating bank lockers or accounts held jointly or singly, including her stridhan, without the leave of the Magistrate; causing violence to her dependants, relatives or helpers; and committing any other act specified in the order.
Under Section 23, the Magistrate may pass interim orders and, where the application prima facie discloses domestic violence or its likelihood, an ex parte order on the aggrieved person's affidavit. Under Section 27, the competent court is that of the Judicial Magistrate of the first class or Metropolitan Magistrate where the aggrieved person permanently or temporarily resides or carries on business or is employed, where the respondent resides or works, or where the cause of action arose. A protection order remains in force until the aggrieved person applies for discharge (Section 25(1)), though it may be altered or revoked on a change in circumstances (Section 25(2)).
Breach of a protection order or an interim protection order by the respondent is an offence under Section 31, punishable with up to one year or fine up to twenty thousand rupees or both, and Section 32 makes it cognizable and non-bailable and allows conviction on the sole testimony of the aggrieved person. Section 31(3) lets the Magistrate also frame charges for cruelty or under the Dowry Prohibition Act. Examiners test the duration rule, temporary residence as a basis of jurisdiction and the nature of the offence of breach.
What the law says
(o) “protection order” means an order made in terms of section 18;
Section 2(o) defines protection order
The Magistrate may, 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, pass a protection order in favour of the aggrieved person and prohibit the respondent from—
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
Power to make protection orders and their contents
(1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper.
(2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.
Interim and ex parte orders
(1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge.
(2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate.
Duration and alteration of orders
shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
(2) Any order made under this Act shall be enforceable throughout India.
Jurisdiction of the Magistrate
(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be 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.
(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused.
(3) While framing charges under sub-section (1), the Magistrate may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.
Penalty for breach of protection order
Example
For example, W, living temporarily with her parents in City B after violence at the matrimonial home in City A, may apply for a protection order before the Magistrate at City B, and if her husband keeps telephoning to threaten her in breach of the order, he commits an offence under Section 31.
For the exam
- Protection order: an order under Section 18 PWDVA (Section 2(o)).
- Requires hearing and prima facie satisfaction; ex parte interim orders possible under Section 23.
- Court where the aggrieved person even temporarily resides has jurisdiction (Section 27).
- In force until the aggrieved person applies for discharge (Section 25(1)).
- Breach is cognizable and non-bailable, up to one year or Rs 20,000 fine (Sections 31 and 32).
34 questions in the Law Maker question bank use this term. Practise Special Criminal Laws questions
Related terms
- Aggrieved personUnder Section 2(a) of the Domestic Violence Act, 2005, any woman who is, or has been, in a domestic relationship with the respondent and alleges that the respondent subjected her to domestic violence.
- Domestic relationshipA relationship between two persons who live or have at any time lived together in a shared household, related by consanguinity, marriage, a relationship in the nature of marriage, adoption, or as joint family members.
- Shared householdUnder Section 2(s) of the Domestic Violence Act, 2005, a household where the aggrieved woman lives or at any stage has lived in a domestic relationship, whoever owns it, including a joint family household.
- Protection OfficerAn officer appointed by the State Government under Section 8(1) of the Protection of Women from Domestic Violence Act, 2005, who assists the Magistrate and helps the aggrieved woman obtain relief.
- CrueltyFor Section 85 of the BNS, cruelty means wilful conduct likely to drive a woman to suicide or gravely endanger her life, limb or health, or harassment to coerce her or her relatives to meet an unlawful demand.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.