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Ramesh (student)     03 October 2013

Role of protection officer

Dear All seniors,

Protection officer played an important role in filing an application of DV ACT 2005 on behalf of the aggrieved person

As per act, after receiving a complaint from the aggrieved person PO prepared the DOMESTIC INCIDENT REPORT.

It is seen that some PO enquired the fact from the opposite party and thereafter finalize the DIR.

In some cases PO without enquiring the fact only completes the paper formality and directly put up the DIR to the court.

Kindly explain what is the exact system or procedure which has to be followed by the PO strictly as the act?

If there is necessity to enquire the fact from the opposite party in which the PO failed what pleas should be taken by the opposite party for weaken the case of the aggrieved person.

Kindly  guide.



Learning

 3 Replies


(Guest)

All such formalities like asking both party the PO should have done according to what is written in DV act 2005.


But seldom is it followed.


There commes the power of Gandhiji.. those green colored notes, and those red colored notes where it is written 1000, those play a vital role in the PO not asking only the girl's side as to what happnd and just write off some stupid DIR and send it to the magistrate.


Donno what to guide here.  Better prepare yourself to become MP or MLA in your next janam [birth] as those are the arseholes who write laws.


God save the Indian Male !

stanley (Freedom)     03 October 2013

A PO can make home visit only after an specific Order is passed by Magistrate Court on request of aggrieved person / wife and more so only after Protection Order(s) to supervise its implementation by respondent / husband and arrayed persons is made but definitely not before and or at the time of making a DIR. The Duties of Protection Officer (S. 9 DV Act 2005) - To assist the Magistrate in discharge of his function under the Act. - To make DIR to the Magistrate in prescribed form (Form -1 and a copy to the police & Service Provider). - To inform the aggrieved person of her legal rights & remedies. - Duty to facilitate aggrieved person’s access to support services and to take protective measures as follows. - To take aggrieved person to a safe shelter home (report to Magistrate and police). - To have the aggrieved person medically examined (report to Magistrate & police). - To maintain a list of registered service providers, shelter homes, medical facilities. - To liaise between aggrieved person, police and Service provider. - Duty to facilitate aggrieved person’s access to court as follows. ~ ~ Duty to comply with the orders of Court. ~ Ensure notices are served. ~ Conducting home visits. - Restoring of streedhan in shared household.

T. Kalaiselvan, Advocate (Advocate)     06 October 2013

An elaborate and authentic reply by Mr. Stanly is quite an appropriate reply to the query.


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