Section 28 of The Protection of Women from Domestic Violence Act, 2005
- (1)Save as otherwise provided in this Act, all proceedings under sections 12,18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
- (2)Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.
Summary
- Unless stated otherwise in this law, all major proceedings and offences are governed by the Code of Criminal Procedure, 1973.
- This procedure applies to applications for relief, protection orders, residence orders, monetary reliefs, custody, compensation, and interim orders.
- It also governs how trials for the offence of breaking a protection order are handled.
- However, the court has the freedom to create its own custom procedure to quickly resolve applications for main reliefs or interim orders.
Practical examples
FAQ
1. What set of rules governs the court proceedings under the Domestic Violence Act?
Under Section 28 of the domestic violence law, most proceedings are governed by the Code of Criminal Procedure, 1973, which is the standard criminal court guidebook in India.
2. Can a court make its own rules to speed up domestic violence hearings?
Yes, under Section 28 of the domestic violence law, the court is allowed to lay down its own procedure for disposing of main applications and interim order requests.
3. Does the Code of Criminal Procedure govern trials for breaking protection orders?
Yes, Section 28 of the Act specifies that offences under Section 31, which deals with breaking protection orders, are governed by the Code of Criminal Procedure, 1973.
4. Which specific applications under the Act can use a court's own custom procedure?
Under Section 28 of the Act, the court can lay down its own procedure specifically for disposing of applications for general relief or ex parte interim orders.
Test yourself
Q1.Under Sections 27 and 28 of the Protection of Women from Domestic Violence Act, 2005, which body of law governs the proceedings before the competent Judicial Magistrate of the first class or Metropolitan Magistrate?
Q2.Under Section 28 of the Protection of Women from Domestic Violence Act, 2005, the court has the power to bypass the standard Code of Criminal Procedure, 1973 to lay down its own procedure for which of the following?
Q3.Under Section 28 of the Protection of Women from Domestic Violence Act, 2005, which of the following is NOT governed by the provisions of the Code of Criminal Procedure, 1973?
Q4.Under Section 28 of the Protection of Women from Domestic Violence Act, 2005, what is the default legal framework for proceedings if the Act itself is silent?