Section 31 of The Protection of Women from Domestic Violence Act, 2005
- (1)A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.
- (2)The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused.
- (3)While framing charges under sub-section (1), the Magistrate may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.
Summary
- Breaking a protection order or a temporary protection order is a criminal offense under this domestic violence law.
- A person who breaks this order can go to prison for up to one year, pay a fine of up to twenty thousand rupees, or face both punishments.
- The same magistrate who issued the original protection order should ideally try the case when the order is broken.
- While charging the person for breaking the order, the court can also add charges under the Indian Penal Code or the Dowry Prohibition Act if the facts show those crimes were committed.
Practical examples
FAQ
1. What is the punishment for violating a court protection order under the Protection of Women from Domestic Violence Act, 2005?
Under Section 31 of the Protection of Women from Domestic Violence Act, 2005, violating a protection order or a temporary protection order can lead to jail time of up to one year, a fine of up to twenty thousand rupees, or both.
2. Which court handles the trial for breaking a protection order under the Protection of Women from Domestic Violence Act, 2005?
Under Section 31 of the Protection of Women from Domestic Violence Act, 2005, the trial should, as far as practical, be conducted by the same magistrate who passed the original protection order.
3. Can a husband be charged with other crimes at the same time he is charged with breaking a protection order under Section 31?
Yes, under Section 31 of the Protection of Women from Domestic Violence Act, 2005, the magistrate can also frame charges under Section 498A of the Indian Penal Code, which deals with cruelty, or the Dowry Prohibition Act, if the facts support those charges.
Test yourself
Q1.Under Section 31 of the Protection of Women from Domestic Violence Act, 2005, what is the maximum prison sentence for breaking a protection order?
Q2.Under Section 31 of the Protection of Women from Domestic Violence Act, 2005, what is the maximum fine that can be imposed for violating a protection order?
Q3.Under Section 31 of the Protection of Women from Domestic Violence Act, 2005, who should try the offense of breaching a protection order?
Q4.Under Section 31 of the Protection of Women from Domestic Violence Act, 2005, which of the following laws can also be used to frame additional charges during the same trial?