Section 35 of The Protection of Women from Domestic Violence Act, 2005
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.
Summary
- A Protection Officer has full legal immunity for actions they take in good faith under this law.
- No lawsuit, criminal case, or other legal action can be filed against them for any damage caused by their good-faith work.
- This immunity applies to things they actually did, as well as things they honestly intended to do while carrying out the Act, rules, or orders.
Practical examples
FAQ
1. What is the meaning of "good faith" protection under Section 35 of the Protection of Women from Domestic Violence Act, 2005?
Under Section 35 of the Protection of Women from Domestic Violence Act, 2005, "good faith" means that if a Protection Officer acts with honest intentions to carry out the law, they cannot be sued or prosecuted for any accidental damage or harm that results from their actions.
2. Can a Protection Officer be sued for damages if they cause financial loss to a respondent while performing their duties in good faith under the Protection of Women from Domestic Violence Act, 2005?
No, under Section 35 of the Protection of Women from Domestic Violence Act, 2005, no civil suit, prosecution, or legal proceeding can be filed against a Protection Officer for any damage caused or likely to be caused by actions done in good faith.
3. Does the Protection of Women from Domestic Violence Act, 2005, protect a Protection Officer who acts maliciously or dishonestly?
No, under Section 35 of the Protection of Women from Domestic Violence Act, 2005, the immunity only covers actions done or intended to be done in "good faith," meaning honest and well-intentioned actions, so dishonest or malicious actions can still lead to legal liability.
Test yourself
Q1.Under Section 35 of the Protection of Women from Domestic Violence Act, 2005, what kind of legal proceedings are barred against a Protection Officer who acts in good faith?
Q2.Under Section 35 of the Protection of Women from Domestic Violence Act, 2005, the protection from legal action applies to damages caused by which of the following?
Q3.Under the Protection of Women from Domestic Violence Act, 2005, how do Section 33 and Section 35 balance the accountability and protection of a Protection Officer?
Q4.Under Section 35 of the Protection of Women from Domestic Violence Act, 2005, if a Protection Officer accidentally breaks a valuable vase while helping a victim pack her belongings under a court order, what is the legal outcome?