2010

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Domestic Violence (Prevention and Protection) Act, 2010

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The Domestic Violence (Prevention and Protection) Act, 2010 is a comprehensive law protecting victims of domestic violence in Bangladesh. It applies to all persons within a domestic relationship, including wives, mothers, sisters, children, and other family members living in a shared household, and covers physical, psychological, sexual, and economic abuse. The Act defines domestic violence broadly and enables victims to obtain protection orders, residence orders, custody orders, and compensation orders from the court (Sections 14-21). Key mechanisms include the role of Protection Officers (appointed by the government), who assist victims in filing complaints and accessing support services; the establishment of a 24-hour hotline and one-stop crisis centres; and the power of the court to pass interim and final protection orders restraining the abuser from committing further violence, entering the victim's residence, or contacting the victim. The Act also provides for emergency monetary relief and the right of victims to continue residing in the shared household. A notable provision is the responsibility placed on police officers to inform victims of their rights upon receiving a complaint (Section 7). Violation of a protection order is punishable with imprisonment up to one year or a fine. The Act is designed to be preventive as well as protective, and it operates alongside the Penal Code and the Prevention of Women and Children Repression Act. The Act is currently in force and has been a significant step in addressing domestic violence in Bangladesh.

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§ 1Short Title and Commencement

(1)This Act shall be called the Domestic Violence (Prevention and Protection) Act, 2010.

(2)The Government shall, by notification in the official Gazette, determine the date on which this Act shall come into force.

* S.R.O. No. 405-Law/2010, dated 28 December 2010: This Act came into force on 30 December 2010.

§ 2Definitions

Unless the subject or context otherwise requires, in this Act —

(1)"Interim Protection Order" means an order made under section 13;

(2)"Shared Residence" means a residence —
(a) where the aggrieved person resides;
(b) where the aggrieved person and the respondent lived together or separately while maintaining a family relationship;
(c) in which the aggrieved person and the respondent had ownership rights individually or jointly, or which was jointly rented by them;
(d) in which the aggrieved person or the respondent had, or both had, any kind of right, title, ownership or interest; or
(e) in which the aggrieved person or the respondent had, or both had, any kind of right, title, ownership or interest as a family member;

(3)"Application" means any application filed in court by the aggrieved person or by any other person on her behalf for obtaining any remedy under this Act;

(4)"Shelter Home" means a registered institution or shelter centre providing residential facilities run by the Government or private sector, where the aggrieved person may stay temporarily for a safe period;

(5)"Compensation Order" means any order made under section 16;

(6)"Aggrieved Person" means any child or woman who, by reason of a family relationship, has been subjected to, is being subjected to, or is at risk of domestic violence by any other member of the family;

(7)"Safe Shelter" means any shelter or home approved by the Government or considered safe for the victim by the court, which is managed by any person, organization or institution;

(8)"Custody Order" means any order made under section 17;

(9)"Woman" means any woman of any age;

(10)"Family" means persons who live together or used to live together in a shared residence by reason of blood relationship, marital relationship, adoption or membership of a joint family;

(11)"Family Relationship" means a relationship resulting from marriage, blood relationship, adoption, or any other domestic relationship; and includes a relationship between the aggrieved person and any person related to the respondent by blood, marriage, adoption, or any other domestic relationship;

(12)"Respondent" means any person who is or has been in a family relationship with the aggrieved person and against whom relief has been sought under this Act;

(13)"Protection Order" means any order made under section 14;

(14)"Shelter" means a place of residence provided by the Government or any institution approved by the Government for the temporary stay of the aggrieved person;

(15)"Police Officer" means a police officer appointed under the Police Act, 1861 (Act XXIV of 1861) and includes any other person empowered by law to discharge the functions of a police officer;

(16)"Service Provider" means an organization recognized or registered under any law for the time being in force, whose objects include the protection of human rights, particularly the rights and interests of women and children, and which has been recognized by the Government for providing legal, medical, financial or other assistance for the purposes of this Act;

(17)"Executive Magistrate" means a District Magistrate, a Sub-Divisional Magistrate, or any other Executive Magistrate appointed under the Code of Criminal Procedure, 1898 (Act V of 1898);

(18)"Magistrate" means a Judicial Magistrate or a Metropolitan Magistrate, as the case may be, appointed under the Code of Criminal Procedure, 1898 (Act V of 1898);

(19)"Prescribed" means prescribed by rules made under this Act;

(20)"Property" means any property, whether movable or immovable, including an interest in property;

(21)"Medical Service" means any medical service provided by a registered medical practitioner or any hospital, clinic or medical institution;

(22)"Financial Institution" means any bank, financial institution, or any organization providing financial services;

(23)"Legal Service" means any legal assistance provided under the Legal Aid Services Act, 2000 (Act 6 of 2000); and

(24)"Rules" means rules made under this Act.

§ 3Domestic Violence

For the purposes of this Act, domestic violence means physical abuse, mental abuse, sexual abuse or financial abuse perpetrated by any person in a family relationship against any other woman or child member of the family.

Explanation— For the purposes of this section —

(a) "Physical Abuse" means any act or conduct by which the life, health, safety or any organ of the body of the aggrieved person is harmed or is likely to be harmed, and includes forcing the aggrieved person to commit any criminal act or inciting or compelling the use of force;

(b) "Mental Abuse" shall include the following matters, namely: —
(i) verbal abuse, insult, humiliation, intimidation or making any statement by which the aggrieved person is mentally harmed;
(ii) harassment; or
(iii) interference with personal liberty, namely interference with normal movement, communication or expression of personal will or opinion;

(c) "Sexual Abuse" shall include any sexual conduct by which the reputation, honour or dignity of the aggrieved person is harmed; and

(d) "Financial Abuse" shall include the following matters, namely: —
(i) depriving the aggrieved person of any financial benefits, assets or property to which she is entitled under any law, custom or any order made by a court or competent authority, or preventing the exercise of her lawful rights therein;
(ii) not providing the aggrieved person with daily necessities;
(iii) depriving the aggrieved person of any property received as gift at marriage or stridhan or any other gift or donation, or preventing the exercise of her lawful rights therein;
(iv) transferring any movable or immovable property owned by the aggrieved person without her consent, or preventing the exercise of her lawful rights therein; or
(v) depriving the aggrieved person of any property or benefits to which she has a right of use or enjoyment by reason of the family relationship, or preventing the exercise of her lawful rights therein.

§ 4Duties and Responsibilities of Police Officer

If any police officer receives a report of domestic violence in any manner, or receives information about domestic violence by reason of being present at the place where domestic violence has occurred, he shall inform the victim of domestic violence of the following matters, namely: —
(a) the right to obtain relief under this Act;
(b) the facility of obtaining medical service;
(c) the facility of obtaining service from the Executive Magistrate;
(d) in the applicable case, obtaining free legal advice and assistance under the Legal Aid Services Act, 2000 (Act 6 of 2000);
(e) the means of obtaining relief under any other law; and
(f) other duties and responsibilities prescribed by the Government by rules.

§ 5Appointment of Executive Magistrate

(1)The Government may, by notification in the official Gazette, for the purposes of this Act, appoint one or more Executive Magistrates for each upazila, thana, district or metropolitan area, as the case may be, and determine their jurisdiction for the performance of duties and responsibilities by the Executive Magistrate.

(2)The mode of appointment and conditions of service of the Executive Magistrate shall be determined by rules.

§ 6Duties and Responsibilities of Executive Magistrate

(1)The duties and responsibilities of the Executive Magistrate shall be as follows, namely: —
(a) to assist the court in the execution of this Act;
(b) to submit reports to the court regarding incidents of domestic violence;
(c) upon being informed of an incident of domestic violence, to inform the officer-in-charge of the thana within whose jurisdiction the incident has occurred;
(d) to file an application in court for a protection order at the request of the aggrieved person;
(e) to provide necessary assistance to the aggrieved person so that she may receive legal assistance and other benefits including free filing of application under the Legal Aid Services Act, 2000 (Act 6 of 2000);
(f) to maintain a list of legal aid organizations, human rights organizations, psychological and social counseling service providers, shelter homes and medical service organizations and institutions within the jurisdiction of the court;
(g) to refer the aggrieved person for medical examination as required, and to inform the officer-in-charge of the thana within whose jurisdiction the court falls and the court of the same;
(h) to ensure compliance with compensation orders; and
(i) to perform other duties and responsibilities prescribed by the Government by rules.

(2)The Executive Magistrate shall perform the duties and responsibilities assigned to him under this Act and the rules made thereunder, and any other duties and responsibilities assigned to him by the Government or the court, under the supervision of the court.

§ 7Service Providers and Their Duties and Responsibilities

(1)Subject to the provisions of this Act and the rules made thereunder —
(a) a voluntary organization registered under the Societies Registration Act, 1860 (Act No. XXI of 1860);
(b) a voluntary social welfare agency registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 (Ordinance No. XLVI of 1961); or
(c) a non-profit company or institution registered under the Companies Act, 1994 (Act 18 of 1994); or
(d) a non-governmental organization or any other institution registered with the NGO Affairs Bureau under the Foreign Donations (Voluntary Activities) Regulation Ordinance, 1978 (Ordinance No. XLVI of 1978),
which is established under any law for the time being in force and whose objects include the protection of human rights, particularly the interests and rights of women and children, and which has been recognized by the Government for providing legal, medical, financial or other assistance for the implementation of the said objects for the purposes of this Act, shall be deemed to be service providers for the purposes of this Act.

(2)The duties and responsibilities of a service provider shall be as follows, namely: —
(a) to record an incident of domestic violence in the prescribed form with the consent of the aggrieved person and to send copies to the court and the Executive Magistrate within whose jurisdiction the incident falls;
(b) to arrange for medical examination of the aggrieved person and to send the medical examination report to the Executive Magistrate and the thana within whose jurisdiction the incident falls;
(c) to arrange for the referral of the aggrieved person to a shelter home and to inform the nearest thana of such referral; and
(d) to perform other duties and responsibilities prescribed by the Government by rules.

§ 8Responsibility of Shelter Home

Upon the request of the aggrieved person or any police officer, Executive Magistrate, service provider or any other person on her behalf, the officer-in-charge of the shelter home shall provide shelter to the aggrieved person.

§ 9Responsibility of Medical Service Provider

Upon the request of the aggrieved person or any police officer, Executive Magistrate, service provider or any other person on her behalf, the officer-in-charge of a hospital, clinic or medical centre shall provide medical service to the aggrieved person.

§ 10Right to Live in Shared Residence

The aggrieved person shall have the right to live in the shared residence by reason of her family relationship.

§ 11Application to Court

(1)The aggrieved person or any Executive Magistrate, service provider or any other person on her behalf may apply to the court for obtaining relief under this Act.

(2)Every application under sub-section (1) shall be made in the prescribed form.

(3)Upon receipt of an application under sub-section (1), the court shall fix a date for hearing the application of the aggrieved person within 7 (seven) working days.

§ 12Place of Filing Application

An application under this Act may be filed in a court having jurisdiction over the following places —
(a) the place where the applicant resides;
(b) the place where the respondent resides;
(c) the place where the domestic violence occurred; or
(d) the place where the aggrieved person is temporarily residing.

§ 13Interim Protection Order and Service of Notice

(1)After receipt of an application under section 11, if the court, upon reviewing the information presented with the application, is satisfied that domestic violence has been committed by the respondent or at his instigation, or there is a likelihood of domestic violence, the court may ex parte grant an interim protection order against the respondent and may direct the respondent to show cause within 7 (seven) working days from receipt of notice as to why a permanent protection order should not be granted.

(2)Notice may be served by registered post, by a process server, by a law enforcement agency or by any other method prescribed by rules.

§ 14Protection Order

If the court, after giving the aggrieved person and the respondent an opportunity of being heard, is satisfied that domestic violence has occurred or there is a likelihood of domestic violence, it may grant a protection order in favour of the aggrieved person and may order the respondent to refrain from doing the following acts, namely: —
(a) committing any act of domestic violence;
(b) aiding or abetting the commission of any act of domestic violence;
(c) entering the workplace, business or educational institution or any other institution of the aggrieved person where she ordinarily goes;
(d) communicating with the aggrieved person personally, in writing, by telephone, mobile phone, e-mail or any other means;
(e) committing acts of violence against any person dependent on the aggrieved person or any relative or other person who has rendered assistance to her in protecting her from domestic violence; and
(f) any other act mentioned in the protection order.

§ 15Residence Order

(1)Upon the application of the aggrieved person, the court may grant the following residence orders, namely: —
(a) restraining the respondent from residing in or entering the shared residence or any part thereof where the aggrieved person resides;
(b) restraining the respondent from dispossessing or in any way interfering with the shared residence or any part thereof of the aggrieved person;
(c) if the court is satisfied that the shared residence is not safe for the aggrieved person or her children while the protection order is in force, arranging, with the consent of the aggrieved person, for the aggrieved person to stay at a safe shelter under the supervision of the Executive Magistrate;
(d) directing the respondent to provide alternative accommodation to the aggrieved person or to pay rent for similar accommodation, if considered appropriate;
(e) directing that the aggrieved person shall have access to the shared residence accompanied by the Executive Magistrate, so that she may collect her personal and movable property, including medical, educational and professional documents and certificates, any kind of documents, passport, cheque books, savings certificates, investment and bank accounts and income tax related papers, gold ornaments, cash money, mobile phones, household items and any other articles; and
(f) directing the respondent to allow the aggrieved person to continue using the vehicle used by her and borne by her expenses.

(2)An order for the complete or partial dispossession of the shared residence in favour of the aggrieved person shall not affect the rights and interests of the respondent in the said residence.

(3)If the court has reasonable grounds to believe that it is necessary to temporarily evict the respondent from the shared residence to ensure the safety of the aggrieved person, the court may grant an order for the temporary eviction of the respondent from the shared residence:

Provided thatsuch order shall be ineffective if —
(a) the shared residence is the only jointly owned property of the aggrieved person and the respondent; or
(b) the aggrieved person and the respondent have no other shared residence and the eviction would render the aggrieved person homeless.

§ 16Compensation Order

(1)If the court is satisfied that the aggrieved person has suffered any loss or damage as a result of domestic violence, it may, after giving the respondent an opportunity of being heard, order the respondent to pay compensation to the aggrieved person for any loss or damage suffered, including:
(a) any medical expenses incurred;
(b) any loss of earnings;
(c) any property damaged;
(d) any other loss suffered; and
(e) reasonable costs of the proceedings.

(2)The court may order the respondent to pay compensation in lump sum or in monthly instalments.

(3)If the respondent fails to pay compensation under sub-section (2), the court may, upon application by the aggrieved person, direct the employer of the respondent or any other person or authority under whom the respondent is employed, to deduct a portion of the respondents salary, wages or any other dues and pay directly to the aggrieved person or deposit in her bank account.

(4)The amount of compensation awarded under this section shall be recoverable as a public demand under the Public Demands Recovery Act, 1913 (Bengal Act III of 1913).

§ 17Custody Order

Notwithstanding anything contained in any other law for the time being in force, at any stage of the proceedings on an application under this Act, the court may order that the child of the aggrieved person be placed in the temporary safe custody of the aggrieved person or, as the case may be, of any other applicant, and may, if necessary, include in the said order a provision for the respondent to have access to the said child.

§ 18Free Supply of Copies of Orders

Copies of all orders made under this Act shall be supplied free of charge to the parties to the proceedings, the officer-in-charge of the relevant thana, the Executive Magistrate and, as the case may be, the service provider.

§ 19Duration and Amendment of Orders, etc.

(1)A protection order made under section 14 shall remain in force until it is withdrawn by the aggrieved person or until it is rescinded by the court.

(2)Upon an application filed by the aggrieved person or the respondent, after giving the parties an opportunity of being heard, if the court is satisfied that in the changed circumstances it is necessary to modify, vary, amend or revoke any order made under this Act, the court may, with reasons recorded in writing, amend the order.

§ 20Disposal of Application

(1)Every application under this Act, other than an application for a compensation order under section 16, shall be disposed of by the court within 60 (sixty) working days from the date of issue of notice.

(2)If it is not possible to dispose of an application within the time mentioned in sub-section (1) due to unavoidable circumstances, the court shall, recording reasons therefor, dispose of the application within an additional 15 (fifteen) working days and shall inform the appellate court in writing thereof.

(3)If it is not possible to dispose of an application within the extended time mentioned in sub-section (2) due to reasonable grounds, the court may, recording reasons therefor, take an additional 7 (seven) working days for disposal of the application and shall inform the appellate court in writing of such extension of time.

(4)If it is not possible to dispose of an application within the extended time mentioned in sub-section (3), the court shall dispose of the application as soon as possible and shall, until disposal, report the progress of disposal of the application in writing to the appellate court at intervals of not more than 7 (seven) days:

Provided thatthe appellate court may, upon application by any party or on its own motion, transfer the application to any other court having jurisdiction.

(5)If an application is transferred under sub-section (4), it shall be disposed of on a priority basis and shall be dealt with from the stage at which it was transferred, as if it had been pending in that court and had never been transferred.

§ 21Trial

(1)Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, the trial or disposal of any application or offence filed under this Act shall be conducted by a Judicial Magistrate or, as the case may be, a Metropolitan Magistrate.

(2)There shall be no pecuniary limit on the jurisdiction of a Judicial Magistrate or a Metropolitan Magistrate in the matter of granting compensation orders.

§ 22Procedure for Trial

(1)The provisions of the Code of Criminal Procedure shall apply to the trial or disposal of any application or offence under this Act.

(2)The summary trial procedure under Chapter XXII of the Code of Criminal Procedure shall apply to the trial or disposal of any application or offence under this Act.

§ 23Trial in Camera

The trial proceedings under this Act may be conducted in camera:
(a) with the consent of the parties; or
(b) if the court, in its discretion, considers it appropriate.

§ 24Local Investigation

In the trial or disposal of any application or offence, the court may, after informing the parties, order a local investigation to ascertain the truth of the matter, and such investigation shall be completed within the time limit prescribed by the court.

§ 25Service of Orders

(1)Any order made by the court shall be served on the parties in the manner prescribed in the Code of Criminal Procedure.

(2)Any order made under this Act may be served through a process server, police or Executive Magistrate:

Provided thatan arrest warrant shall be served by the police.

(3)The process server, police or Executive Magistrate shall serve the order within 3 (three) working days for the purpose of service and shall submit a report of service, duly certified, to the court.

(4)Service may also be effected by registered post, courier service, or by any other method prescribed by rules, or as the case may be, by notice; the cost of service by multiple methods shall be borne by the applicant.

§ 26Trial in Absence of Respondent

(1)Even if notice for appearance has been served on the respondent, if the respondent does not appear in court, or appears once and does not appear subsequently, the court may dispose of the pending application ex parte in the absence of the respondent.

(2)If notice for appearance has been served on the respondent, and he does not appear on the date fixed, or appears once and does not appear subsequently, the court may issue an arrest warrant against him.

§ 27Dismissal of Application

If an application is dismissed for the non-appearance of the applicant, the court which dismissed the application may, upon the application of the applicant and if it considers it reasonable, revive the dismissed application from the stage at which it was dismissed:

Provided thatsuch application must be made within 30 (thirty) working days of the dismissal, and no more than one such application shall be made.

§ 28Appeal

(1)Notwithstanding anything contained in the Code of Criminal Procedure or any other law for the time being in force, for the purposes of this Act, the Chief Judicial Magistrate or, as the case may be, the Chief Metropolitan Magistrate shall be deemed to be the appellate court.

(2)Any aggrieved party may appeal to the court of the Chief Judicial Magistrate or, as the case may be, the Chief Metropolitan Magistrate against any order made under this Act within 30 (thirty) working days from the date of the order.

(3)The appeal application shall be disposed of within 60 (sixty) working days of filing of the appeal, and the appeal shall not be transferred more than once except for reasonable cause.

§ 29Cognizance, Bail and Compounding

Every offence under this Act shall be cognizable, bailable and compoundable.

§ 30Punishment for Violation of Protection Order

If the respondent violates a protection order or any condition thereof, he shall be deemed to have committed an offence and shall be punished with imprisonment for a term not exceeding 6 (six) months or with a fine not exceeding 10 (ten) thousand taka or with both:

Provided thatin the case of repetition of the offence, he shall be punished with imprisonment for a term not exceeding 2 (two) years or with a fine not exceeding 1 (one) lakh taka or with both.

§ 31Community Service in Lieu of Punishment

(1)If the court considers it appropriate, it may, instead of punishing the respondent under section 30, order him to provide community service for a specified period, and any institution or organization may be entrusted with the supervision of such service.

(2)The court may, out of the income earned by the respondent in providing community service under sub-section (1), order payment of such amount as it considers appropriate to the aggrieved person and, as the case may be, her children or dependents.

(3)Rules may be made for the purposes of sub-sections (1) and (2).

§ 32Punishment for False Application

If any person files an application under this Act knowing that he has no legal ground for causing loss to any other person, he shall be punished with imprisonment for a term not exceeding 1 (one) year or with a fine not exceeding 50 (fifty) thousand taka or with both.

§ 33Public Servant

An Executive Magistrate performing duties under this Act shall be deemed to be a public servant within the meaning of section 21 of the Penal Code, 1860.

§ 34Accountability of Executive Magistrate

If an Executive Magistrate refuses, neglects or fails to comply with any order made by the court and is unable to show sufficient cause therefor, departmental action may be taken against him.

§ 35Overriding Effect of Provisions of This Act

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law.

§ 36Power to Make Rules

The Government may, by notification in the official Gazette, make rules for the purposes of this Act.

§ 37Publication of Authentic English Text

The Government shall, by notification in the official Gazette, publish an authentic English text translated from the original Bengali text of this Act:

Provided thatin the event of a conflict between the Bengali text and the English text, the Bengali text shall prevail.