New Upcoming Legal Jobs Free Workshop March 11 at 5 PM. Register here

    Question

    Under the provisions of The Protection of Women from

    Domestic Violence Act, 2005, which of the following statement regarding protection order, is wrong?
    A A breach of protection order is an offence under the said act of 2005. Correct Answer Incorrect Answer
    B Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub section (1) of section 31 has been committed by the accused. Correct Answer Incorrect Answer
    C Breach of protection order is a non-cognizable offence. Correct Answer Incorrect Answer
    D Breach of protection order is a non-bailable offence. Correct Answer Incorrect Answer

    Solution

    Section 31 and 32 of the Act deals with penalty for breach of protection order by respondent, cognizance and proof Section 31- Penalty for breach of protection order by respondent—(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both. (2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused. (3) While framing charges under sub-section (1), the Magistrate may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions. 32. Cognizance and proof—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under sub-section (1) of section 31 shall be cognizable and non-bailable. (2) Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of section 31 has been committed by the accused.

    Practice Next