30. Protection Officers and members of service providers to be public servants.—The Protection
Officers and members of service providers, while acting or purporting to act in pursuance of any of the
provisions of this Act or any rules or orders made thereunder shall be deemed to be public servants within
the meaning of section 21 of the Indian Penal Code (45 of 1860).
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 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.
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.
33. Penalty for not discharging duty by Protection Officer.—If any Protection Officer fails or
refuses to discharge his duties as directed by the Magistrate in the protection order without any sufficient
cause, he shall be punished 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.
34. Cognizance of offence committed by Protection Officer.—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.
35. Protection of action taken in good faith.—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.
36. Act not in derogation of any other law.—The provisions of this Act shall be in addition to, and
not in derogation of the provisions of any other law, for the time being in force.
37. Power of Central Government to make rules.—(1) The Central Government may, by
notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the qualifications and experience which a Protection Officer shall possess under
sub-section (2) of section 8;
(b) the terms and conditions of service of the Protection Officers and the other officers
subordinate to him, under sub-section (3) of section 8;
(c) the form and manner in which a domestic incident report may be made under clause (b) of
sub-section (1) of section 9;
(d) the form and the manner in which an application for protection order may be made to the
Magistrate under clause (c) of sub-section (1) of section 9;
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(e) the form in which a complaint is to be filed under clause (d) of sub-section (1) of section 9;
(f) the other duties to be performed by the Protection Officer under clause (i) of sub-section (1) of
section 9;
(g) the rules regulating registration of service providers under sub-section (1) of section 10;
(h) the form in which an application under sub-section (1) of section 12 seeking reliefs under this
Act may be made and the particulars which such application shall contain under sub-section (3) of
that section;
(i) the means of serving notices under sub-section (1) of section 13;
(j) the form of declaration of service of notice to be made by the Protection Officer under
sub-section (2) of section 13;
(k) the qualifications and experience in counselling which a member of the service provider shall
possess under sub-section (1) of section 14;
(l) the form in which an affidavit may be filed by the aggrieved person under sub-section (2) of
section 23;
(m) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.