Section 28 of the Protection of Women from Domestic Violence Act, 2005 – Procedure
Section 28 of the Protection of Women from Domestic Violence Act, 2005 outlines the procedural framework for how legal proceedings under the Act are to be conducted. It clarifies whether the Code of Criminal Procedure, 1973 (CrPC) applies and under what circumstances the court may adopt a different approach.
Applicability of Criminal Procedure
2.1 General Rule
As per Section 28(1), all proceedings under the following sections are to be governed by the CrPC:
- Section 12 – Application to Magistrate
- Sections 18 to 23 – Reliefs including protection, residence, maintenance, custody, and compensation
- Section 31 – Punishment for breach of protection order
This ensures a formal, standardized approach in handling domestic violence complaints and related reliefs.
- Court’s Power to Set Procedure
3.1 Flexibility in Certain Cases
Section 28(2) grants courts the discretion to lay down their own procedure for:
- Applications under Section 12, and
- Interim or ex parte relief under Section 23(2).
This provision allows the court to act swiftly in urgent situations where standard criminal procedures may delay essential protection.
Conclusion
Section 28 serves as a procedural backbone for the Domestic Violence Act, ensuring that most matters follow the CrPC for consistency and fairness. At the same time, it recognizes the urgent and sensitive nature of domestic violence cases by allowing courts to exercise procedural flexibility in specific instances. This dual approach strengthens the Act’s objective: delivering effective and timely protection to women facing abuse.