Section 35 of the Protection of Women from Domestic Violence Act, 2005 – Protection of Action Taken in Good Faith
Section 35 of the Protection of Women from Domestic Violence Act, 2005 grants legal protection to Protection Officers and other authorities for actions taken in good faith while performing their duties under the Act. This ensures that officials can act decisively without fear of personal legal consequences.
Legal Provision
The section states:
No suit, prosecution, or other legal proceeding shall lie against the Protection Officer for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder.
Scope of Protection
- Beneficiaries: Protection Officers and other authorised personnel under the Act.
- Coverage: Any act or omission done in good faith while implementing provisions of the Act, including issuing reports, assisting victims, or coordinating with police and courts.
- Extent: Protection applies to both actual damage and potential damage resulting from such acts.
Meaning of Good Faith
“Good faith” refers to actions performed with honest intention, reasonable care, and without malice. If the officer’s actions are deliberate violations or negligent acts, this protection does not apply.
Objective
The purpose of this provision is to:
- Safeguard officials from frivolous or retaliatory litigation.
- Encourage prompt and effective action in domestic violence cases.
- Maintain the independence and confidence of Protection Officers.
Conclusion
Section 35 acts as a legal immunity shield for Protection Officers acting with sincerity and due diligence under the Act. By protecting well-intentioned actions, it strengthens the enforcement mechanism and ensures that survivors receive timely and effective support.