S. 31 the Heartbeat of the Domestic Violence Act

Majlis, calls on the media, lawyers and organisations to raise awareness about an often-overlooked but powerful provision of the Protection of Women from Domestic Violence Act, 2005 (PWDVA) S. 31.

PWDVA, is a path-breaking legislation to address the grave issue of domestic violence. The Act offers civil relief to women; however, if the Magistrate's orders are breached/violated, it becomes a criminal offence. 

S. 31 makes breach of a protection order a cognisable and non-bailable offence, punishable with imprisonment up to one year and/or fine. This means that if an abuser violates any court order (Protection, Residence, Monetary Relief or Custody Order), the police can immediately register a case and take necessary action without waiting for further directions.

In S. Amalraj vs. Kanikkaimarry, the Madras High Court held that “S. 31 is the heartbeat of the DV Act. Breach of any order (not only protection orders) amounts to a criminal offence and the law-enforcing authority has jurisdiction to register a criminal case under S. 31.”

Despite being in force for nearly two decades, S. 31 remains underutilised. Many survivors, lawyers, and even law enforcement agencies are unaware of its potency in ensuring that court orders under the Act are not just symbolic but legally enforceable.

"The strength of the Domestic Violence Act lies not just in granting reliefs, but in ensuring those reliefs are enforced S. 31 provides teeth to the law by making violations a serious criminal offence," said Audrey Dmello, Director, Majlis.

An explanatory note on S. 31 of the PWDVA for law enforcement authorities is attached.

For more information, please contact:

Majlis, Phone 7506732641 / Email majlislaw@majlislaw.com

S.31 DV Act English https://drive.google.com/file/d/1Y4P7ziY5k7LvDXbt_yXGcj8-CWhf7fMW/view?usp=sharing

S.31 DV Act Marathi https://drive.google.com/file/d/1qZNMCQ8P8ynZWC4WRafinM1jG-TyFdS4/view?usp=sharing