Last Change:
12/29/2024
The Domestic Violence (Prevention and Protection) Act
Year: 2010
Type: Domestic law
Rights Category: Liberty & security of person, Social protection, Family life
Description
As a signatory state of the CEDAW and CRC and to establish equal rights for women and children guaranteed in the Constitution of the People’s Republic of Bangladesh prevention of domestic violence, protection of women and children from domestic violence and for matters connected therewith or incidental thereto, Domestic Violence (Prevention and Protection Act was enacted in 2010. The Act applies to all persons including refugees. The Act defines "Domestic Violence" to include physical, psychological, sexual and economic abuses in Section 3 in line with the international standards. It narrates the duties and responsibilities of the Police Officer, Enforcement Officer and Service Provider under chapter III. The Act also details out the rights of the Victim and the Court procedures in dealing with such cases. The offence committed under this Act shall be cognizable, bailable and compoundable.
Selected provisions
(1) The Court, upon receipt of an application under section 11, if satisfied by examining the documents submitted thereto that there is prima facie that the respondent has committed or possibility of committing or abetting to commit domestic violence, then an ex parte interim protection order may be issued against the respondent and simultaneously a show cause notice to the respondent to reply within 7(seven) working days why permanent protection order shall not be issued against him.
(2) The notice may be issued by registered post, process server, law enforcing agencies or by any other ways prescribed by the rules.
The Court may, after giving the parties an opportunity of being heard, satisfied that domestic violence has taken place or is likely to take place, issue a protection order in favour of the victim and issue order restraining the respondent from committing following acts, namely:-
(a) from committing any act of domestic violence;
(b) aiding or abetting in the commission of any acts of domestic violence;
(c) prohibiting or restraining from entering any protected person's place of employment, business, or educational institution or other institution which the protected person ordinarily visits;
(d) prohibiting or restraining from making any personal, written, telephone, mobile phone, email or any other form of communication with the protected person;
(e) prohibiting from causing violence to the dependants of the victim or any relatives or
any person who gives assistance to the victim from domestic violence;
(f) any other act that may be cited in the protection order.
(1) The court, on the basis of application may issue the following residence orders, namely: -
(a) restraining the respondent from residing or visiting the shared residence or specified part thereof where the victim resides;
(b) restraining the respondent from dispossessing or in any other manner disturbing the possession of the victim from the shared household;
(c) directing the Enforcement Officer to make arrangement for a safe shelter or safe place for the victim and her child/children, if the victim so consents to her placement in such alternative arrangement, during the existence of the protection order and if the continuous stay of the protected person at the shared residence is considered by the Court to be not safe for the protected person;
(d) directing the respondent to secure the same level of alternate accommodation for the victim as enjoyed by her in the shared residence or to pay rent for the same, if the circumstances so require;
(e) requiring the respondent against whom the order is made to permit any protected person, accompanied by the Enforcement Officer, to enter the offender's residence, shared or not, for the purpose of collecting the protected person's personal belongings including her medical, educational and professional records, documents and certificates, passport, bank account documents, savings certificate and other investment papers and documents, personal income tax documents, jeweler, cash money, mobile phone, household goods and valuables of any description;
(f) order against the respondent to permit any protected person to have the continued use and expenses of a vehicle which has previously been ordinarily used by the protected person.
(2) If a right to exclusive occupation of a shared residence or any part thereof is granted to the protected person, such order shall not affect any title or interest that the respondent against whom the order is made;
(3) The Court, shall make an order evicting the person against whom the order is made from the whole of a shared residence that is solely owned by him or her, it is satisfied that there is no other way to secure the personal safety of the protected person for the time being:
Provided that such order shall revoked, if-
(a) a suitable safe shelter or safe place or alternative residence is found for the protected person; or
(b) the Court being otherwise satisfied that it is no longer necessary to continue the order for securing the personal safety of the protected person.
(4) The Court may impose any additional conditions or pass any other direction which it may deem reasonably necessary or incidental to protect or to provide for the safety of the victim or her child/children or any member of her family.
(5) The Court may require the respondent to execute a bond, with or without sureties, that neither he/she nor any of his/her family members will commit any further acts of domestic violence.
(6) While passing an order under sub-section (1), sub-section (2) or sub-section (3) the Court may also pass a written order directing the officer in charge of the nearest police station to give protection to the victim or her child/children.
(7) The Court may direct the respondent to return to the possession of the victim any immovable property, her stridhan or dower or alimony or any other marital property and moveable assets, valuables, documents, certificates and any other property or valuable security to which she is entitled.
(1) If there is any personal injury or financial loss or trauma or psychological damage or damage to movable or immovable property or any possibility of such damage or loss as a result of domestic violence, she may file a claim for compensation either along with the application under section 11 or separately later on. (2) The Court shall disposed of the application submitted under sub-section (1) within 6(six) months of it’s receive.
(3) The Court, in the process of disposal of the application submitted under sub-section (1), after giving the parties opportunity of being heard, subject to the provisions of subsection (4), award such monetary compensation as it deems reasonable.
(4) Before disposal of the application submitted under sub-section (1), the Court may give responsibility on a person or any organization to find out the actual loss or damage and during the hearing of the claim for such compensation may take into consideration the following facts:
(a) the pain and suffering of the victim and the nature and extent of the physical or mental injury suffered;
(b) the cost of medical treatment for such injury;
(c) temporary or permanent effect of such injury;
(d) any loss of earnings, present and prospective, arising there from;
(e) the amount and value of the movable or immovable property taken or transferred or destroyed or damaged;
(f) reasonable expenses already incurred by or on behalf of the victim in securing protection from violence.
(5) The Court may pass an order against the respondent for the maintenance of the victim as well as her children, if any, which is adequate, reasonable and consistent with the standard of living of the victim.
(6) The Court may an order of lump sum payment or monthly payments of maintenance, if it deems fit.
(7) The Court shall send a copy of the compensation order made under this section to the concern parties and to the Officer in Charge of the police station within the local limits of whose jurisdiction the respondent ordinarily resides or stay.
(8) If the respondent is an employee of government, non-government, semi-government or an autonomous organization, then a copy of the compensation order shall be sent to the higher authority of the respondent.
(9) If the respondent fails to pay the compensation according to the order made under subsection (3), the Court may direct the employer or a debtor of the respondent, to directly pay to the victim or to deposit in her bank account a portion of the wages or salaries or debt due to or accrued to the credit of the respondent.
(10) The compensation imposed under this section may be realized according to the provisions of the Public Demands Recovery Act, 1913(Bengal Act III of 1913).
Notwithstanding anything contained in any other law for the time being in force, the Court may, at any stage of hearing of the application for a protection order or for any other relief under this Act grant order for temporary custody of any child or children of the victim to the victim or to any applicant in favour of the victim and if necessary, the arrangements for any visit to such child or children by the respondent.
(1) Where the notice for appearance of the respondent was served properly and the respondent does not appear before the court or after appearing once remains absent at the subsequent date, the court recording its decision so to do, try the case in absence of the respondent and disposed of the case ex parte.
(2) Where the notice for appearance of the respondent was served properly and the respondent does not appear before the court or after appearing once remains absent at the subsequent date, the court may, issue warrant of arrest against the respondent.
When any complaint is being rejected by a court due to the absence of the complainant, the court by whom the complaint was rejected, on the basis of application made by the complainant and also on satisfactory ground, may revive the case from the stage where it was rejected:
Provided that the application must be submitted within 30 (thirty) working days of rejection and such application must not be submitted more than once.
(1) Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, for the purpose of this Act the Chief Judicial Magistrate or where applicable, the Chief Metropolitan Magistrate court shall be deemed the appellate court.
(2) The appeal against any order under this Act shall be filed by any aggrieved party within 30 (thirty) working days from the date of passing of the order to the Chief Judicial Magistrate or where applicable, to the Chief Metropolitan Magistrate court.
(3) The appeal shall be disposed of within 60 (sixty) working days from its filing and it must not be transferred more than once without any valid reason.
The offense committed under this Act shall be cognizable, available, and compoundable.
A breach of protection order by the respondent shall be an offence under this Act and shall be punishable with imprisonment which may extend to 6(six) months, or with fine which may extend to 10(ten) thousand Taka, or with both and repetition of any offence shall be punishable with imprisonment which may extend to 2(two) years, or with fine which may extend to 1(one) lakh Taka, or with both.