Section 28 of PWDVA : Section 28: Procedure

Explanation using Example

Imagine a woman named Priya is experiencing domestic violence and decides to seek protection under the Protection of Women from Domestic Violence Act, 2005. She files an application under Section 12 of the Act for protection orders against her abuser. As per Section 28(1) of the Act, the proceedings for her application will generally follow the procedures laid out in the Code of Criminal Procedure, 1973. This means that standard criminal procedure rules such as notice of hearings, evidence presentation, and cross-examination will apply to her case.

However, during the proceedings, the court feels that a specific procedural requirement is causing unnecessary delay in providing relief to Priya. Therefore, invoking Section 28(2), the court decides to adopt a more expedited process that deviates from the standard criminal procedure to ensure Priya receives timely assistance. The court, for example, could allow for shorter notice periods for the hearings or accept affidavits instead of requiring in-person testimony to speed up the process.