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ChildRights (Learning Law)     10 June 2018

Is a lawyer authorised to make dir(domestic incident report)

I have been served with a DV petition where the opponent's lawyer has made DIR (Domestic Incident Report) instead of protection officer. The same has been accepted by court in New Delhi.

Is a lawyer authorised to prepare and sign a DIR(Domestic Incident Report)?
If not what are steps to highlight such incosistencies and mal-practices? Please guide

 


 



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 1 Replies

Vanshika Kapoor   28 June 2018

An advocate cannot prepare the domestic violence report. It has to be prepared by the Protection officer under the DV Act and the magistrate passes order on basis of DIR.
If the magistrate does not discard the DIR from the file then move the higher courts.

But before you take such serious action you should confirm your report. Make sare that you are not just doubtfull but you are sure that the report was made by the advocate because the advocate may be assisting the complainant to present the complaint before judicial magistrate court. The magistrate has discretion to accept the complaint if convinced. There is nothing wrong in an advocate drafting the complaint. The Advocate is not reporting the domestic violence incidents.

 


 
 

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