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

The correct answer is Section 3

Key Points

• Section 3 of the Protection of Women from Domestic Violence Act, 2005:
  • Defines “Domestic Violence” as any act, omission, or commission or conduct of the respondent which harms or injures or has the potential to harm or injure the aggrieved person.
  • It includes physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse.
  • The definition covers not only actual harm but also threats, coercion, and other forms of controlling behavior within a domestic relationship.
• Purpose of the Definition:
  • To provide a comprehensive understanding of domestic violence, extending beyond physical abuse to psychological and economic forms.
  • It helps in granting protection and remedies to women facing any form of abuse within their household.
• Legal Implications:
  • This section forms the basis for filing complaints and seeking protection orders, residence orders, monetary relief, and custody orders under the Act.

Additional Information

• Option 1. Section 4: Deals with the right to reside in a shared household, not the definition of domestic violence.
• Option 3. Section 5: Covers protection orders that the court may issue to protect the aggrieved person.
• Option 4. Section 6: Concerns residence orders allowing the aggrieved person to reside in the shared household or elsewhere.

The correct answer is 'A, B, and C'

Key Points

• Potential causes of domestic violence:
  • Domestic violence refers to abusive behaviors used by one person in a relationship to control or harm the other. It can manifest in physical, emotional, psychological, or financial forms.
  • The question addresses the acts or behaviors that have the potential to cause harm in a domestic setting, leading to domestic violence.
• Explanation of A, B, and C:
  • Option A (Act committed to cause harm): Intentionally committing an act with the purpose of causing harm is a direct cause of domestic violence. It reflects intent, which is a critical factor in abusive behavior.
  • Option B (Act committed which causes harm): Even if harm is not the primary intent, the act itself may still cause harm, making it a potential contributor to domestic violence.
  • Option C (Conduct of the party resulting in harm): Harmful outcomes can also arise from ongoing patterns of behavior or conduct, even if there is no single identifiable act. This includes neglect, coercion, or manipulation.
  • Since all three (A, B, and C) can independently or collectively lead to harm, they are all valid contributors to domestic violence.

Additional Information

• Understanding domestic violence:
  • Domestic violence is a complex issue that involves intent, behavior, and consequences. Recognizing all potential causes is critical for prevention and intervention.
  • Laws and policies addressing domestic violence often consider all three factors (intent, harm caused, and conduct) to ensure comprehensive protection for victims.

The correct answer is 'no liability'

Key Points

• Protection of individuals reporting domestic violence:
  • Under laws such as the Protection of Women from Domestic Violence Act, 2005 in India, individuals, including neighbors, who report domestic violence cases in good faith are protected from any form of liability.
  • This protection encourages the reporting of incidents of domestic violence without fear of legal, financial, or personal repercussions.
  • The term 'good faith' implies that the individual reporting the case genuinely believes that a case of domestic violence has occurred and is acting with honest intent.
  • The law aims to create a supportive environment for victims of domestic violence by involving the community and ensuring the safety of those who step forward to help.

Additional Information

• Explanation of other options:
  • Financial liability: This is incorrect because the law does not impose any financial burden or responsibility on individuals reporting domestic violence in good faith. They are simply acting as responsible citizens.
  • Criminal liability: This is incorrect because the law ensures that individuals who report such cases in good faith are not subject to criminal prosecution or penalties for their actions.
  • Civil liability: This is incorrect because reporting domestic violence in good faith does not make the reporter vulnerable to civil lawsuits or damages. The law safeguards them against such repercussions.
• Significance of the provision:
  • This provision is crucial for addressing domestic violence, as it encourages community involvement and ensures that individuals are not deterred by fears of legal consequences when reporting such cases.
  • It reflects the intent of the law to prioritize the welfare and safety of victims while fostering a culture of accountability and support.

The correct answer is 'social abuse'

Key Points

• Definition of Domestic Violence:
  • The Protection of Women from Domestic Violence Act, 2005 (PWDVA), defines domestic violence as any act, omission, or commission that harms or injures women within the domestic sphere.
  • It specifically recognizes physical, sexual, verbal, emotional, and economic abuse, making it a comprehensive law aimed at protecting women.
  • While "social abuse" may affect individuals indirectly, it is not explicitly included in the definition under the Act.
• Why Social Abuse is Excluded:
  • Social abuse, such as isolation or societal discrimination, is not directly addressed within the scope of the Act because the law primarily focuses on abuses that occur within familial or domestic relationships.
  • Including social abuse might broaden the scope of the Act beyond its intended purpose of addressing domestic issues between individuals in close relationships.

Additional Information

• Physical Abuse:
  • Physical abuse refers to causing bodily harm or injury to a person. It is one of the most evident forms of domestic violence and is explicitly covered under the Act.
  • Examples include hitting, beating, or using physical force to intimidate or harm the victim.
• Economic Abuse:
  • Economic abuse involves depriving someone of financial resources or controlling their access to money, property, or employment.
  • This form of abuse is recognized under the Act as it affects the victim's ability to live independently and securely.
• Sexual Abuse:
  • Sexual abuse includes any sexual act or conduct that is forced upon an individual against their will or consent.
  • It is a significant form of abuse covered under the Act, highlighting the importance of consent and bodily autonomy within domestic relationships.

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 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 'no liability'

Key Points

• Protection of individuals reporting domestic violence:
  • Under laws such as the Protection of Women from Domestic Violence Act, 2005 in India, individuals, including neighbors, who report domestic violence cases in good faith are protected from any form of liability.
  • This protection encourages the reporting of incidents of domestic violence without fear of legal, financial, or personal repercussions.
  • The term 'good faith' implies that the individual reporting the case genuinely believes that a case of domestic violence has occurred and is acting with honest intent.
  • The law aims to create a supportive environment for victims of domestic violence by involving the community and ensuring the safety of those who step forward to help.

Additional Information

• Explanation of other options:
  • Financial liability: This is incorrect because the law does not impose any financial burden or responsibility on individuals reporting domestic violence in good faith. They are simply acting as responsible citizens.
  • Criminal liability: This is incorrect because the law ensures that individuals who report such cases in good faith are not subject to criminal prosecution or penalties for their actions.
  • Civil liability: This is incorrect because reporting domestic violence in good faith does not make the reporter vulnerable to civil lawsuits or damages. The law safeguards them against such repercussions.
• Significance of the provision:
  • This provision is crucial for addressing domestic violence, as it encourages community involvement and ensures that individuals are not deterred by fears of legal consequences when reporting such cases.
  • It reflects the intent of the law to prioritize the welfare and safety of victims while fostering a culture of accountability and support.

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 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.