Section 31 of the Protection of Women from Domestic Violence Act, 2005 – Penalty for Breach of Protection Order by Respondent
Section 31 deals with the consequences faced by a respondent who violates a protection order or interim protection order issued under the Act. It aims to ensure compliance with court directions meant to safeguard the aggrieved woman.
Offence and Punishment
- Nature of Offence: Breaching a protection order is a criminal offence under the Act.
- Punishment: The respondent can face imprisonment for up to one year, a fine up to ₹20,000, or both.
- Trial: The case should preferably be heard by the same Magistrate who issued the original protection order, ensuring consistency.
Additional Legal Provisions
If the breach involves acts of cruelty, dowry harassment, or other criminal behaviour, the Magistrate may also frame charges under:
- Section 498A IPC (cruelty by husband or relatives)
- Dowry Prohibition Act
- Any other applicable laws.
Scope and Judicial Clarification
Courts have clarified that Section 31 applies only to breaches of protection orders under Section 18. It does not apply to violations of orders for maintenance, residence, custody, or compensation under other sections.
- Conclusion
Section 31 strengthens enforcement by attaching criminal liability to disobedience of protection orders, thereby ensuring the safety and dignity of victims of domestic violence.