- In the case of Kamatchi vs Lakshmi Narayanan the Hon’ble Supreme Court has held that the limitation period provided under section 468 of CrPC is inapplicable to the filing of an application under section 12 of the Protection of Women from Domestic Violence Act, 2005.
- Section 12 of the DV Act allows an aggrieved woman or a Protection Officer to file an application before the Magistrate seeking various kinds of relief like protection order or an order for the payment of compensation. Section 468 CrPC on the other hand, sets out the period of limitation for taking cognizance of offences, which depends on the sentence provided for the offence.
- In the instant case, an application under section 12 of the DV Act was filed by a woman nearly 10 years after she had left her matrimonial home. The Madras HC had quashed the proceedings as being time barred under section 468 CrPC. The HC observed that a combined reading of section 28 and 32 of the DV Act with Rule 15(6) of the DV Rules, the provisions of CrPC would be applicable.
- The respondent had relied upon the decision of Adalat Prasad vs Roopal Jindal wherein it was held that if the Magistrate takes cognizance of an offence, issues process without there being any allegation against the accused, or in contravention of the provisions of Section 200 and 202 CrPC, the order of the Magistrate may be vitiated.
- Disagreeing with the HC’s approach, the Apex Court observed that an application under section 12 of the DV Act cannot be treated as an application with respect to an offence. An offence under the DV Act arises only after the order passed under section 12 is violated under section 31 of the Act.
- Responding to the submission regarding Adalat Prasad’s case, the Court observed that the scope of section 12 of the DV Act is to call for a response from the respondent so that after considering the rival submissions, appropriate orders can be issued. A notice issued under section 12 of the Act cannot be regarded as taking cognizance of the offence.
- Thus, while allowing the appeal, the Court observed that the HC was in error in observing that the application under section 12 of the Act must be filed within a period of one year from the date of the alleged offence.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
