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Section 1: Short title, extent and commencement

Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide

Statutory Enactment
Civil / Criminal Code
JMFC / MM
Act 2005
All 37 Sections of Domestic Violence Act, 2005 Section 2

Legal Commentary & Landmark Judgments: Section 1

Section 1 of the Protection of Women from Domestic Violence Act, 2005 establishes the short title, universal territorial extent, and formal commencement of this transformative civil-criminal hybrid enactment safeguarding women in domestic relationships across India.

  • Statutory Commencement: Enacted on September 13, 2005, and brought into force on October 26, 2006 via Central Government notification, establishing specialized summary protection machinery.
  • Pan-Indian Territorial Application: Extends to the whole of India; following the Jammu and Kashmir Reorganisation Act, 2019, its protections apply uniformly across all States and Union Territories.
  • Remedial Social Jurisprudence: Designed not to punish the respondent criminally at inception, but to provide immediate, enforceable civil remedies (residence, protection, monetary relief, custody) backed by criminal penalties for non-compliance.
Key Landmark Precedents:
  • Hiralal P. Harsora v. Kusum Narottam Harsora (2016) 10 SCC 165: The Supreme Court struck down the words 'adult male' in Section 2(q), holding that perpetrators of domestic violence can be any person in a domestic relationship, including female relatives (mother-in-law, sister-in-law), preserving the constitutional validity and purpose of the Act.
  • Satish Chander Ahuja v. Sneha Ahuja (2020) 10 SCC 788: A 3-Judge Bench held that the DV Act is a beneficial measure protecting women from homelessness and destitution; the definition of shared household must be interpreted expansively to protect an aggrieved daughter-in-law living in a joint family household.
Courtroom Practice & Strategic Litigation Guidance:

In pleadings under Section 12, clearly articulate the domestic relationship and shared household stay. Point out that the DV Act operates as a self-contained code granting immediate protective relief without requiring the victim to institute a full-fledged civil suit or lodge a formal criminal FIR under Section 498A.

All 37 Sections of Domestic Violence Act, 2005 Section 2