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Evenmore (Private)     09 May 2014

Role of protection officer in dv case ?

Dear Experts,

 

What is the role of a Protection Officer in submitting a DIR to the Magistrate ?


Most of the cases the Protection Officer blindly submits the DIR to the Magistrate with out any investigation.


Is the Protection Officer supposed to investigate the case based on the allegations mentioned in complaint & DIR or simply submit the DIR by duly signing it ?



Can we file a RTI to Protection Officer to provide the details of the Investigation, Evidences like Bills, Photos, videos etc collected from complainant, Details of Medical Records etc ?


Recently my parents were acquitted from 498A. DVC is a replica of 498A. I am a NRI, and my parents and other family members were made respondents in DVC. The Lower Court Judges brains have fallen down below their knees and are unable to use it to determine whether there is a Domestic Relationship before summoning the respondents.


If the Protection Officer has not investigated and submitted the DIR with out an Investigation, can we get him prosecuted.



Whom should I send a RTI incase I want to get the details regarding the investigation done by Protection officer.


Please advice.



Thanks in Advance.



Learning

 4 Replies

Adv k . mahesh (advocate)     09 May 2014

Here i am elaborating the duties of the Protection officer 

Duties and functions of Protection Officers.—

(1) It shall be the duty of the Protection Officer—

(a) to assist the Magistrate in the discharge of his functions under this Act;

(b) to make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;

(c) to make an application in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;

 (d) to ensure that the aggrieved person is provided legal aid under the Legal Services Authorities Act, 1987 (39 of 1987) and make available free of cost the prescribed form in which a complaint is to be made;

 (e) to maintain a list of all service providers providing legal aid or counselling, shelter homes and medical facilities in a local area within the jurisdiction of the Magistrate;

 (f) to make available a safe shelter home, if the aggrieved person so requires and forward a copy of his report of having lodged the aggrieved person in a shelter home to the police station and the Magistrate having jurisdiction in the area where the shelter home is situated;

 (g) to get the aggrieved person medically examined, if she has sustained bodily injuries and forward a copy of the medical report to the police station and the Magistrate having jurisdiction in the area where the domestic violence is alleged to have been taken place;

 (h) to ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);

(i) to perform such other duties as may be prescribed.

 (2) The Protection Officer shall be under the control and supervision of the Magistrate, and shall perform the duties imposed on him by the Magistrate and the Government by, or under, this Act.

Evenmore (Private)     09 May 2014

Thanks Adv. Mahesh.

 

My question : Is Protection Officer supposed to Investigate the allegations in the DVC complaint ? Or Does the Protection Officer just assist the victim in preparing the DIR submit it to Magistrate ?

 

Kindly advice.

Arvind Singh Chauhan (advocate)     09 May 2014

I think she should investigate the allegation. It is common problem that only written application is asked from the victim and it is forwarded to court with protection officer's report.

Evenmore (Private)     10 May 2014

Can anyone please advice.


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