Section 34 of The Protection of Women from Domestic Violence Act, 2005
No prosecution or other legal proceeding shall lie against the Protection Officer unless a complaint is filed with the previous sanction of the State Government or an officer authorised by it in this behalf.
Summary
- A Protection Officer cannot be prosecuted in court without special prior permission.
- This prior permission is called previous sanction and must come from the State Government or an officer authorized by the State Government.
- Without this sanction, no court can take up a case or legal proceeding against a Protection Officer for failing in their duty.
Practical examples
FAQ
1. Can you directly file a criminal case against a Protection Officer under the Protection of Women from Domestic Violence Act, 2005?
No, under Section 34 of the Protection of Women from Domestic Violence Act, 2005, you cannot start a prosecution or legal proceeding against a Protection Officer unless you have the advance official permission, called previous sanction, of the State Government or an authorized officer.
2. Who has the authority to grant permission to prosecute a Protection Officer under the Protection of Women from Domestic Violence Act, 2005?
Under Section 34 of the Protection of Women from Domestic Violence Act, 2005, the authority to grant this permission lies with the State Government or an officer specifically authorized by the State Government for this purpose.
3. What happens if a court accepts a complaint against a Protection Officer without government approval under the Protection of Women from Domestic Violence Act, 2005?
Under Section 34 of the Protection of Women from Domestic Violence Act, 2005, any such case is legally invalid because previous sanction is a mandatory requirement before any legal proceeding can lie against the officer.
Test yourself
Q1.Under Section 34 of the Protection of Women from Domestic Violence Act, 2005, whose prior permission is required to prosecute a Protection Officer?
Q2.Under Section 34 of the Protection of Women from Domestic Violence Act, 2005, what is the legal term used for the official advance permission required to start a prosecution?
Q3.Under the Protection of Women from Domestic Violence Act, 2005, if a Protection Officer is accused of the crime described in Section 33, how does Section 34 protect them from immediate trial?
Q4.Under Section 34 of the Protection of Women from Domestic Violence Act, 2005, what happens if a private citizen files a complaint against a Protection Officer without obtaining government approval?