Kalpana.S (-) 04 April 2009

Is Domestic Violence Act a penal statute?

Is Domestic Violence Act a penal statute? Can any one be punished under the act?

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19 Replies

A.Mohamed Thaheer (ADVOCATE) 04 April 2009

yes, the culprits should be punished under this law

ashok kumar (advocate) 04 April 2009

yes u/sec 31 r/w 32 of DVAct a person may be punished solely on the statement of complainant

ashok kumar dwivedy

advocate

09415717501

N.K.Assumi (Advocate) 04 April 2009

Yes, from jurisprudential point of View, as it provides imprisonmnt,

N.K.Assumi (Advocate) 04 April 2009

Yes, from jurisprudential point of View, as it provides imprisonment,

adv. rajeev ( rajoo ) (practicing advocate) 04 April 2009

yes.

Pankaj Rai (Lawyer) 04 April 2009

According to section31 of The Protection Of Women From Domestic Violence Act,2005, Penality 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, orwith both.

(2)The offence under sub section (1) shall as far as practicable be tried by the Magistrate who has passed the order, the breach of which has beenalleged to have been caused by the accused.

(3)While framing charges under sub-section (1),the Magistrate may also frame charges under section 498-A of the Indian Penal Code(45 of1850) or any other provision of the code or the Dowry Prohibition Act (28 of 1961) as the case may be, if the facts disclose the commision of an offence under those provisions.

N.K.Assumi (Advocate) 05 April 2009

This is a weapon in the hands of the woman tribe to penalised the man.

ashok kumar (advocate) 05 April 2009

ut go before court and say no violation of protection order is done by you.

ritu bhadana (advocate) 10 April 2009

i agree with mr.pankaj raj

P.Bashista (Advocate) 10 April 2009

Yes it is. It is a weapon given to women to hit a man, which gives a maximum surity of initial damage to the man, no matter what result of case comes out later.

Swami Sadashiva Brahmendra Sar (Nil) 11 April 2009

clearly it is penal statute.

K.C.Suresh (Advocate) 11 April 2009

Why Kalpana, why such a doubt. Pankaj has given the details.

NIHAR (n/a) 17 April 2009

AN WEAPON OF WEAK TO RULE OVER STRONG.

Manasi Save (Legal Practioner) 20 April 2009

This is a great misconception whic people carry.It is a civil statute and not a penal statute. It provides for protection of civil and property rights of women like grants Protection Orders, Residence Orders, Maintenance Orders. In the whole statute there is only one penal provision and that is sec 31 but the jurisdiction under this Act is given to criminal court.