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MrDinoMorea (O)     21 July 2013

Is bail needed in domestic violence cases?

Do the husband and in laws have to get bail when Domestic violence case is filed? What type of bail will it be?



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 4 Replies

Sudhir Kumar, Advocate (Advocate)     21 July 2013

offences under DV act are also offence under IPC.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 July 2013

Domestic Violence Bail Bonds are needed in the event that you or a loved one is arrested for domestic violence. The judge sets the amount of bail that is required to be released from police custody. In this situation the suspect agrees to appear in court when he or she is requested to by a judge. Should you or a loved one fail to appear in court during the scheduled hearing, your Domestic Violence Bail Bonds will be forfeited.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 July 2013

Dear Querist

there is no need for bail in domestic violence case. this is a criminal case but the procedure is purely civil nature. after reciving summons from the court you have to filed your objection after that the complainant has right to file rejoinder and then argument on interim application if any or the matter will be fixed for Complainant evidence.

But if the court pass any order any you are not going to follow this orderthen you have committed offence under this act and this offence will be non-bailable at this stage you have to need bail otherwise not.

Feel Free to Call

Abhivardhan (Advocate) (Advocacy )     27 November 2023

You do not need bail under the PWDV Act 2005,  There is only one penal section and that is section 31.  Under which if you violate any order (protection order) or interim protection order then you will be arrested and it is a Cognizable and non-bailable offence.

but at the time of framing of charges u/s 31 of PWDV, magistrate has power to frame the charges under 498A IPC or any provision of Dowry Prohibited Act, if case's facts disclose that such offence has been committed. then you do need to bail under that provisions not PWDV Act.


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