Section 5 of PWDVA : Section 5: Duties Of Police Officers, Service Providers And Magistrate

Explanation using Example

Imagine a scenario where Mrs. Sharma calls the police to report that her husband has been physically abusive towards her. Upon arrival, the responding police officer assesses the situation and determines that domestic violence has occurred. In line with Section 5 of The Protection of Women from Domestic Violence Act, 2005, the officer informs Mrs. Sharma:

• (a) that she can apply for a protection order to prevent her husband from continuing the abuse, and she may also seek monetary relief, child custody, residence rights, or compensation through the legal system;
• (b) about the support services available to her, including shelters and counseling services;
• (c) that a Protection Officer can be appointed to help her navigate the process and ensure her safety;
• (d) that she is entitled to free legal aid under the Legal Services Authorities Act, 1987, if she cannot afford a lawyer;
• (e) that she has the option to file a separate criminal complaint under section 498A of the Indian Penal Code for marital cruelty, if applicable.

The officer also ensures Mrs. Sharma understands that the police are still required to take appropriate legal action in response to her complaint, as per their duty to address cognizable offences.