Section 5 of The Protection of Women from Domestic Violence Act, 2005
A police officer, Protection Officer, service provider or Magistrate who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him, shall inform the aggrieved person--
- (a)of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under this Act;
- (b)of the availability of services of service providers;
- (c)of the availability of services of the Protection Officers;
- (d)of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987);
- (e)of her right to file a complaint under section 498A of the Indian Penal Code (45 of 1860),wherever relevant: Provided that nothing in this Act shall be construed in any manner as to relieve a police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence.
Summary
- This section lists the immediate duties of police officers, Protection Officers, registered service providers, and Magistrates when they receive a complaint or are present at a domestic violence incident.
- These authorities must inform the victim of her right to apply for multiple court orders, including protection, monetary relief, custody, residence, and compensation orders.
- They must inform the victim about the availability of service providers and Protection Officers in her area.
- They must tell her about her right to free legal services under the Legal Services Authorities Act, 1987.
- They must inform her of her right to file a criminal case under Section 498A of the Indian Penal Code, which deals with cruelty by a husband or his relatives.
- The section makes it clear that this law does not relieve a police officer of their duty to act under criminal law if a cognizable offence, meaning an offence where police can arrest without a warrant, has occurred.
Practical examples
FAQ
1. What must a police officer do when receiving a domestic violence report under Section 5 of the Protection of Women from Domestic Violence Act, 2005?
Under Section 5 of the Protection of Women from Domestic Violence Act, 2005, a police officer must inform the victim of her rights to various relief orders, free legal aid, services of Protection Officers and service providers, and her right to file a complaint under Section 498A of the Indian Penal Code.
2. Does a police officer's duty to arrest an abuser change under Section 5 of the Protection of Women from Domestic Violence Act, 2005?
No, under Section 5 of the Protection of Women from Domestic Violence Act, 2005, a police officer is not relieved of their duty to proceed in accordance with law if a cognizable offence, which is a serious crime where police can arrest without a warrant, has been committed.
3. What rights must a victim be informed of under Section 5 of the Protection of Women from Domestic Violence Act, 2005?
Under Section 5 of the Protection of Women from Domestic Violence Act, 2005, a victim must be informed of her right to apply for protection, monetary relief, custody, residence, or compensation orders, free legal aid, and to file a case under Section 498A of the Indian Penal Code.
4. Can a victim get free legal help under Section 5 of the Protection of Women from Domestic Violence Act, 2005?
Yes, under Section 5 of the Protection of Women from Domestic Violence Act, 2005, authorities must inform the victim of her right to free legal services under the Legal Services Authorities Act, 1987.
Test yourself
Q1.Under Section 5 of the Protection of Women from Domestic Violence Act, 2005, which of the following is NOT an authority bound by the duty to inform the victim of her rights?
Q2.Under Section 5 of the Protection of Women from Domestic Violence Act, 2005, what is a police officer's duty regarding a cognizable offence, which is an offence where police can make an arrest without a warrant?
Q3.Under Section 5 of the Protection of Women from Domestic Violence Act, 2005, which specific law must the authorities mention when informing the victim of her right to free legal services?
Q4.Under Section 5 of the Protection of Women from Domestic Violence Act, 2005, what is the connection with Section 498A of the Indian Penal Code?
Q5.Under Section 2 and Section 5 of the Protection of Women from Domestic Violence Act, 2005, which types of specific relief orders defined in Section 2 must the authorities list to the victim under Section 5?