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Can criminal proceedings be initiated under the Domestic Violence Act?

Posted by jobseeker shivani kumari | Approved
Answers (2)

While the DV Act is civil in nature, if the respondent (abuser) disobeys a court order such as protection or monetary relief, then criminal proceedings can be started under Section 31 of the Act. Also, the DV case can be filed along with criminal charges such as Section 85, BNS (cruelty by husband or in-laws).So, if a husband violates a protection order passed by the Magistrate, he can be arrested and prosecuted.

Answered by jobseeker JYOTI MEENA | Approved

Criminal proceedings can be initiated under the Domestic Violence Act, but only in specific circumstances. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is primarily a civil law providing remedies like protection orders, residence orders, and monetary relief. However, criminal liability arises if there is a breach of a protection order or interim protection order issued by the Magistrate under Section 18 of the Act.

According to Section 31 of the Act, if the respondent violates a protection order, it becomes a criminal offence punishable with imprisonment (up to one year), a fine (up to ₹20,000), or both. The Magistrate who passed the order can direct the registration of a criminal case and investigate the breach. Apart from this, the Act itself does not make the initial act of domestic violence a criminal offence, but a breach of court orders under the Act is criminally punishable.

Answered by jobseeker Komal Madaan | Approved

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