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Section 31 – The Protection Of Women From Domestic Violence Act, 2005,

The Protection Of Women From Domestic Violence Act, 2005

 

 

31. Penalty 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, or with both.

 

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

 

(3) While framing charges under sub-section (1), the Magistrates may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.

 

Comments

This section provides that a breach of protection order or an interim protection order by the respondent shall be an offence under the Act punishable with imprisonment of either description which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Sub-section (2) provides that the offence of breach of protection order or interim protection order shall be tried as far as practicable by the Magistrate who had passed the order which is alleged to have been breached. Sub-section (3) provides that the Magistrate, while framing charges regarding breach of order, may also frame charges under section 498A or any other provision of the Indian Penal code or the Dowry Prohibition Act, 1961 in case the facts disclose the commission of any offence under those provisions.

 

[Notes on Clauses]

 

 

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The Protection Of Women From Domestic Violence Act, 2005,

 

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