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PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 Interpretation of Statute — PWD Act — Duty of Court — Held, while interpreting any provision of the Statute will first try to gather literal meaning — and if literal meaning is not possible — or if an ambiguity arises on account of other provisions of the very Act — the Court may consider the objects and reasons for giving purposeful interpretation to any Statute or language of any section — But in cases where the language used by the Statute is unambiguous — the Court would go by the plain and simple meaning unless the constitutional validity of that particular Statute is challenged. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — S 2(i) — Interpretation of term — "Magistrate" —initiation of jurisdiction before the Magistrate is by virtue of the provisions of the Code. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — S 12 or 18 or 19 or 20 or 21 or 22 or 23 or 31 — Initiation of proceedings under — Held, proceedings would begin only when the Magistrate has passed any judicial order including of issuance of notice for hearing. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — S 12 or 18 or 19 or 20 or 21 or 22 or 23 or 31 — Proceedings under — Governance after initiation — Held, Once proceedings are initiated — either independently or jointly — on account of any judicial order passed by the learned Magistrate — including issuance of notice — such proceedings shall be governed by CrPC — coupled with the power of the Court under Section 28(2) — to lay down its own procedure for disposal of an application u/s 12 or u/s 23 (2) of DV Act. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — S 19(3),(4) & (7)— Power with the Magistrate — to require the respondent to execute a bond, with or without sureties, — for preventing the commission of domestic violence. — such order shall be deemed to be an order under Chapter VII of the CrPC — & shall be dealt with accordingly —the Magistrate has power to direct an officer in-charge of the police station in whose jurisdiction the Magistrate has been approached to assist in the implementation of the protection order. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — S 27— Jurisdiction— (1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which— (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; —(b) the respondent resides or caries on business or is employed; or —(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act — (2) Any order made under this Act shall be enforceable throughout India. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — S 28 —Procedure — (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 CrPC — (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. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — S 28 — Scope — Held, all proceedings under Sections, 12, 18, 19, 20, 21, 22 and 23 as well as offences under Section 31 — shall be governed by the provisions of the CrPC. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — S 29 — Appeal — There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 Interpretation of Statute — PWD Act — S 29 — Appeal under — Intention of legislature — Held, an appeal is provided to the court of Sessions which again strengthens the applicability of the CrPC to the proceedings under the DV Act. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — S 31 — Penalty for breach of protection order by respondent — (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 has 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. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — S 32 — Cognizance and proof — (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under sub-section (1) of section 31 shall be cognizable and non-bailable —(2) Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of section 31 has been committed by the accused. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — S 32 — Scope — The breach of a protection order is an offence — and is also made cognizable and non-bailable notwithstanding anything contained in the Code. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — provisions under — Nature of — Held, the provisions of the Act provide for remedial measures for civil rights of women but the machinery provided is through criminal court. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — Remedial measure to the aggrieved person — Held, Once the applicability of the Code of Criminal Procedure has started on account of any judicial order passed by the learned Magistrate — remedial measures to the aggrieved person — as provided under the CrPC — can be said as available. PDF
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PWD Act — Proceeding under — Entertainment of — Code of Criminal Procedure, 1973 — Held, Revisional Court may decline entertainment of such proceedings considering the facts and circumstances of the case and as per the settled principles of law and in accordance with law. PDF