What is the procedure in DV Act about exemption of complainant or respondant and bail of respondant. whether bail or exemtion is necessary, if no How ? Please refer the provision or citation if any.
Arvind Singh Chauhan (advocate) 13 March 2010
What is appropriate interpretation of-
Sec-28. Procedure.-(1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.
If according to Sec 28(2) court ask for bail or exemption, are we bound? and if not fulfill the court's desire, whether respondant may be sent to jail.
Please see S.28 starts with the word , "save as otherwise provided in this Act". DV act provides for issuance of notice and therefore court cannot issue summons or warrant under s.28. Secondly the opposite party under DV act is termed as respondent and not an accused. Therefore court cannot ask for bail or exemption under S.28(2). Please note s. 28(2) talks about "laying down procedure". Therefore Magistrate has to first lay down the procedure. Practically magistrates do not lay down procedure but follow the procedure whatever procedure the magistrates wants. According to me this is incorrect. Please read an article on the subject titled "Administration of DV Act - a case study" uploaded on the article section of this web site. It deals with the said subject.
Arvind Singh Chauhan (advocate) 14 March 2010
Thanks Anil Sir! a lot for nice explanation I am satisfied now.
Tarun Kalra LL.M, M.B.A (advocate) 03 April 2010
give a complaint to protection officer appointed u/s 8(1) of dv act, and she/he would forward it to the magistrate with dom. incident. rept.
you can also file a complaint us 12 of act with domestic. incident report.