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Behavior and Law

Functionaries Under the Act

Protection of Women from Domestic Violence Act 2005 (Sections 1–29, 31)

Paper III · Unit 3 Section 4 of 14 0 PYQs 25 min

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Functionaries Under the Act

3.1 Protection Officers (Sections 8–9)

The Protection Officer (PO) is the central implementation figure of the Act. State Governments appoint POs — ideally women — for each district/sub-division.

Duties of Protection Officer (Section 9):

  1. Assist the aggrieved person in filing a Domestic Incident Report (DIR)
  2. Inform the aggrieved person of her rights under the Act
  3. Ensure she is provided legal aid under the Legal Services Authorities Act 1987
  4. Maintain a list of registered Service Providers and Shelter Homes
  5. Make available a safe shelter home on the aggrieved person's request
  6. Get the aggrieved person medically examined if she has sustained bodily injuries
  7. Ensure her residence order is implemented if directed by the Magistrate
  8. Assist the court in discharging its functions

A PO who fails to discharge duties is liable under Section 33 — imprisonment up to 1 year or fine up to ₹20,000 or both.

3.2 Service Providers (Section 10)

Any voluntary association registered under any law — providing services to women including medical, legal, financial, educational, and other support — may register itself as a Service Provider. They can:

  • File a DIR with the PO on behalf of the aggrieved person
  • Get her medically examined
  • Ensure her safe custody at a shelter home

3.3 Role of Magistrate (Sections 12–29)

Jurisdiction: The Judicial Magistrate First Class (JMFC) or Metropolitan Magistrate within whose local limits:

  • The aggrieved person permanently or temporarily resides, carries on business, or is employed, OR
  • The respondent resides or carries on business or is employed, OR
  • The cause of action has arisen

The Magistrate must complete proceedings within 60 days of first hearing (Section 12(5)).