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Is Domestic Violence Act a penal statute?

Page no : 2

sibasish pattanayak (lawyer)     03 October 2009

Yes, this act provides penal section. but unfortunately it is difficult to execute

by the LD. MAGISTRATE,ONLY ON THE BASIS OF THE STATEMENT OF THE COMPLAINANT/

ON THE BASIS OF D I R., BECAUSE the chances of misuse of this act IS/ARE HIGH.

sibasish pattanayak (lawyer)     08 October 2009

thank u mam, but my expression was bout the execution.

regards,

sibasish pattanayak,

legal practitioner.kolkata.

M Ravinder Babu Advocate Parka (Advocate)     23 January 2010

 HI,I,am Ravinder Babu Mudumby .Practicing advocate at Parkal.dist Warangal A.P.

SECTION 31 OF DVACT...Only section 18.prohibitory orders if voilated then punishable u/s 31 of the act , no other provisionsare not penilised under it.Read it carefully. Thats all by..

Sachin Bhatia (Advocate)     23 January 2010

Yes Domestic Violence Act is a penal statute.

Pankaj Rai (Lawyer)     23 January 2010

This section provides that a breach of protection order or aninterim protection order by the respondent shall be an offence under the Act punishable with imprisonment of either descripttion 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 of interim protection order shall be tried as far as practicable by the Magistrate who has 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 498-A  or any other provision of the Indian Penal Code  or the Dowry Prohibition Act  in case of facts disclose the commission of any offence under those provisions.


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