Introduction
The Protection of Women from Domestic Violence Act, 2005 (PWDVA), empowers courts to issue protection orders for the safety of aggrieved women. If the respondent violates such an order, it attracts serious legal consequences. This article explains the penalties for breaching a protection order and highlights key case laws interpreting the provision.
Is There A Penalty for Breach of Protection Orders
If a respondent breaches a protection order or an interim protection order, it is a punishable offence under the PWDVA. The law prescribes imprisonment for up to one year, or a fine of up to ₹20,000, or both. This ensures that violators face strict consequences for defying court orders meant to safeguard victims.
The offence is usually tried by the same Magistrate who issued the original protection order. This helps maintain continuity and ensures better understanding of the case background during trial proceedings.
While framing charges under this provision, the Magistrate can also frame charges under Section 498A of the Indian Penal Code or the Dowry Prohibition Act, 1961. If the facts suggest other criminal offences, they can be tried alongside the breach of protection order. This holistic approach ensures no relevant offence goes unpunished.
Smt. Rinki v. State of U.P.
In this case, the Allahabad High Court upheld the conviction of a man who repeatedly violated a protection order. The court emphasized that ignoring such orders weakens the purpose of the PWDVA. The judgment reinforced that the law must be strictly enforced to deter repeat abuse.
Vandhana v. T. Srikanth
The Madras High Court held that a breach of protection order justifies immediate penal action. The court clarified that any disobedience, even minor, must be treated seriously to uphold the dignity and safety of women under the Act.
Conclusion
Breach of a protection order under the Domestic Violence Act is not just a civil wrong, it is a criminal offence. Courts are empowered to punish violators and even impose charges under related laws. Through strict enforcement and supporting case law, the legal system aims to ensure protection orders serve their intended purpose, shielding victims from further harm.
