Section 31 of PWDVA : Section 31: Penalty For Breach Of Protection Order By Respondent

Explanation using Example

Imagine a scenario where a woman, Sunita, has been granted a protection order against her husband, Raj, due to his violent behavior. The court has ordered Raj not to contact Sunita or enter her place of residence.

However, Raj ignores this order and shows up at Sunita's house, attempting to force his way in. Sunita calls the police, and Raj is arrested for breaching the protection order. Under Section 31 of The Protection of Women from Domestic Violence Act, 2005, Raj is now facing criminal charges and could be punished with imprisonment for up to a year, a fine up to twenty thousand rupees, or both.

When Raj's case goes to trial, it will ideally be handled by the same magistrate who issued the original protection order against him, to ensure consistency in the enforcement of the order and the handling of the breach.

Additionally, if the circumstances of Raj's behavior also suggest that he has committed marital cruelty as defined under section 498A of the Indian Penal Code, or offences under the Dowry Prohibition Act, the magistrate may also frame charges for these offences alongside the breach of the protection order.