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Beyond stopping ongoing abuse, the PWDVA also lets a woman seek compensation for the harm already done — including psychological injury, not just physical or financial loss. That’s what Section 22 provides.

Considering a compensation claim alongside other relief? Ask LawBot → — get clarity on what you can claim.

What Section 22 Says

In addition to any other reliefs granted under the Act, the Magistrate may — on the aggrieved person’s application — pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the domestic violence.

What Makes This Different From Section 20 (Monetary Relief)?

This is a common point of confusion, so it’s worth being precise:

Section 20 (Monetary Relief)Section 22 (Compensation)
PurposeCovers actual losses/expenses — medical bills, loss of earnings, maintenanceCompensates for injury and suffering — including mental/emotional harm
NatureMore restorative — putting her back where she’d have been financiallyMore compensatory for the wrong itself
Can overlap?Yes — both can be sought together in the same Section 12 application

In practice, courts often consider these together, but Section 22 specifically opens the door to compensation for psychological and emotional injury, which is significant — many legal systems historically struggled to properly compensate non-physical harm, and this provision explicitly recognizes it.

What Can Be Claimed Under Section 22?

  • Compensation for physical injuries
  • Compensation for mental torture
  • Compensation for emotional distress
  • General damages flowing from the acts of domestic violence

How to Apply

A compensation claim under Section 22 is included as part of your broader Section 12 application — you don’t file it separately. When preparing your application (with a Protection Officer’s help, or independently), specify that you’re seeking compensation under Section 22, along with whatever other reliefs (protection, residence, monetary relief) you need.

Not sure how to document mental/emotional harm for your claim? Ask LawBot → — 10 questions for just ₹49.

What Evidence Helps a Compensation Claim?

  • Medical records, if there was physical injury or psychological treatment sought
  • Any documentation of counseling or therapy related to the abuse
  • Witness accounts, where available
  • Your own detailed statement/testimony describing the impact of the abuse
  • Financial records, if economic abuse contributed to the harm

How Is the Compensation Amount Decided?

There’s no fixed formula — the Magistrate has discretion, considering:

  • The severity and duration of the abuse
  • The specific harm demonstrated (physical, financial, emotional)
  • The respondent’s capacity to pay
  • Overall circumstances of the case

Can You Get Compensation Even If You Don’t Want Ongoing Protection Orders?

Yes — while many applications combine multiple reliefs, compensation under Section 22 isn’t conditional on also seeking a protection order or residence order. If your primary interest is compensation for what already happened (perhaps because the relationship has already ended and safety isn’t the immediate concern), this can still be pursued.

Benefits of Understanding Section 22

  1. Recognizes non-physical harm — mental torture and emotional distress are explicitly compensable, not just physical injury
  2. Can be combined with other relief — no need for a separate proceeding
  3. Flexible application — useful even if your primary concern isn’t ongoing protection
  4. Discretionary but substantive — courts can award meaningful compensation based on genuine harm shown
  5. Reinforces accountability — beyond stopping future harm, it holds the respondent financially responsible for past harm
  6. No rigid formula limiting claims — allows the specific facts of your situation to shape the outcome

Conclusion

Section 22 fills an important gap — recognizing that domestic violence causes real harm beyond medical bills and lost income, including genuine psychological suffering, and giving courts the power to compensate for it. If you’re preparing a PWDVA application, it’s worth discussing with whoever is helping you (a Protection Officer or lawyer) whether a compensation claim under this section should be included alongside your other requested reliefs.


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FAQ

1. Is Section 22 compensation the same as monetary relief under Section 20?
No — Section 20 covers actual financial losses and expenses, while Section 22 specifically compensates for injury, including mental torture and emotional distress, which is a broader, more compensatory concept.

2. Do I need to file a separate case for compensation?
No — a compensation claim under Section 22 is included within your Section 12 application, alongside any other reliefs you’re seeking.

3. Can I claim compensation without seeking a protection order too?
Yes — a compensation claim isn’t conditional on also requesting a protection or residence order; it can be pursued based on your specific needs. Ask LawBot for guidance on structuring your application.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Please consult a qualified advocate for guidance specific to your situation.

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