Section 27 of the Protection of Women from Domestic Violence Act, 2005 – Jurisdiction
Section 27 of the Protection of Women from Domestic Violence Act, 2005 (DV Act), lays down the rules regarding jurisdiction, i.e., which court is legally empowered to entertain and adjudicate cases filed under this Act. This provision is essential to ensure that the aggrieved woman can access justice without undue hardship.
Text of Section 27
Section 27(1): The court of Judicial Magistrate of the first class or the Metropolitan Magistrate within the local limits of which—
(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or
(b) the respondent resides or carries on business or is employed; or
(c) the cause of action has arisen,
shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.
Section 27(2): Any order made under this Act shall be enforceable throughout India.
Key Features of Section 27
Broad and Victim-Centric Jurisdiction
This section empowers the aggrieved woman to file her case in a location convenient to her, such as:
- Where she resides (either temporarily or permanently),
- Where the respondent resides,
- Or where the cause of action (domestic violence or any related incident) occurred.
This flexibility helps in minimizing the trauma of litigation and allows the woman to initiate proceedings in a safer or more accessible jurisdiction.
Competent Court
Only a Judicial Magistrate of the First Class or a Metropolitan Magistrate can exercise jurisdiction under the Act. This ensures that matters under the DV Act are heard by courts with adequate authority and experience.
Nationwide Enforceability
Sub-section (2) clarifies that orders passed under this Act—such as protection orders, residence orders, or monetary reliefs—are enforceable across India, irrespective of where they were issued. This helps prevent the respondent from escaping liability by moving to another jurisdiction.
Conclusion
Section 27 ensures that the aggrieved woman has multiple options for initiating proceedings, thereby enhancing access to justice. By empowering local courts and ensuring enforceability nationwide, the provision safeguards the victim’s rights and strengthens the effectiveness of the DV Act.