Are Proceedings Under the Domestic Violence Act Civil or Criminal
Are Proceedings Under the Domestic Violence Act Civil or Criminal?
Proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act) are primarily civil in nature, not criminal.
Explanation:
The DV Act provides civil remedies to the aggrieved person, such as:
Protection orders (restraining the abuser),
Residence orders (right to reside in the shared household),
Monetary relief (maintenance, compensation),
Custody orders, etc.
These are remedies granted by the Civil Court (usually a Magistrate’s court) and do not involve punishment like imprisonment or fines typical of criminal cases.
The main objective of the Act is to protect the rights of women and provide quick relief from domestic abuse through civil orders.
However:
While the proceedings under the DV Act are civil, certain violations of protection orders issued under the Act can attract criminal penalties.
Section 31 of the DV Act provides for penalties and imprisonment for anyone who breaches a protection order.
Thus, enforcement of orders under the DV Act can have criminal consequences, but the initial proceedings to obtain relief are civil.
Summary:
| Aspect | Nature |
|---|---|
| Proceedings to obtain relief | Civil |
| Enforcement of protection order (breach) | Criminal (penalties, imprisonment possible) |
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