The Hindu : National : Cr.PC to apply to offences under Domestic Violence Act

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Friday, Sep 23, 2005

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Cr.PC to apply to offences under Domestic Violence Act

Legal Correspondent

Centre says appeal could be made to sessions court within 30 days from the date of Magistrate's protection order

NEW DELHI: The Centre on Thursday made it clear that the provisions of the Code of Criminal Procedure will govern all proceedings relating to offences under the Protection of Women from Domestic Violence Act.

In a press release, the Government said an appeal could be made to a sessions court within 30 days from the date on which the protection order made by the Magistrate was served on the aggrieved person or the respondent (adult male person) as the case might be.

An offence

It has been stated that a breach of the protection order will be an offence under this Act and it will be a cognisable and non-bailable offence punishable with imprisonment for one year or Rs. 20,000 fine or both.

While framing charges, the Magistrate might also frame charges under Section 498A of the Indian Penal Code (relating to dowry offence) or under the Dowry Prohibition Act, 1961. The Domestic Violence Act prohibits an adult male person from aiding or abetting or committing any act of domestic violence, entering the place of aggrieved person or aggrieved child, attempting to communicate with aggrieved person, alienating any asset, causing violence to dependents, other relatives or any other person who give or gives the aggrieved person assistance from domestic violence and committing any other act.

The Act empowers the trial court to direct the adult male person to go out of the house and to pay monetary compensation to the victim, to grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf.

The Magistrate shall refuse to allow the adult male member to visit his children and to direct the respondent to pay compensation or damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.

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