offence can be registered against respondent as per DV Act only in case of breach of protectiion order
It is thus clear that an offence under Section 31 of the Act is only for breach of either a protection order or an interim protection order passed under Section 18 and as defined under Section 2(o) of the Act. All other orders
passed either under Section 19, 20, 21 or 22 could only be executed as provided in the Code of Criminal Procedure in view of the mandate under Section 28 of the Act as Section 28 provides that except as provided under the 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 Code of Criminal Procedure. Therefore only if the order passed by the Magistrate is a protection order or an interim protection order, the Magistrate can direct registration of the case and investigate the case under Section 31 of the Act.
passed either under Section 19, 20, 21 or 22 could only be executed as provided in the Code of Criminal Procedure in view of the mandate under Section 28 of the Act as Section 28 provides that except as provided under the 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 Code of Criminal Procedure. Therefore only if the order passed by the Magistrate is a protection order or an interim protection order, the Magistrate can direct registration of the case and investigate the case under Section 31 of the Act.
