Introduction
Protection Officers are appointed by the state government, they act as a link between the aggrieved woman and the legal system. Their main duty is to support victims of domestic violence by ensuring access to legal remedies, emergency services, and court-mandated relief. These officers work under the supervision of the Magistrate and help enforce protection orders, provide shelter arrangements, and facilitate medical aid and legal assistance. Their presence ensures that the objectives of the Act, protection, relief, and rehabilitation, are effectively achieved at the ground level.
Who Appoints Protection Officers Under Section 8 Of Domestic Violence Act?
The State Government must appoint a required number of Protection Officers in every district through a notification. It must also define the specific area where each officer will work. As far as possible, the government should appoint women as Protection Officers. These officers must meet the qualifications and experience set by the rules. The terms and conditions of service for Protection Officers and their subordinates must follow the rules prescribed by the government.
What Are The Responsibilities of Protection Officers Under Section 9 Of Domestic Violence Act?
Section 9 of the Protection of Women from Domestic Violence Act, 2005 outlines the duties of Protection Officers. Their main responsibility is to assist the Magistrate and support victims of domestic violence throughout the legal process. Protection Officers must help the Magistrate perform all functions under the Act. When they receive a domestic violence complaint, they must immediately file a Domestic Incident Report.
They must also send copies of this report to the local police station and nearby service providers. If the victim requests a protection order, the Protection Officer must file an application with the Magistrate. They must ensure the victim receives free legal aid as per the Legal Services Authorities Act, 1987, and provide complaint forms at no cost. Officers must maintain an updated list of service providers in the Magistrate’s jurisdiction. This includes legal aid centers, shelter homes, and medical care facilities.
When necessary, they must arrange safe shelter for the victim and report the action to both the police and the Magistrate. If the victim has suffered injuries, the Protection Officer must arrange a medical examination. They must then send a copy of the medical report to the police station and the Magistrate. They are also responsible for enforcing monetary relief orders issued under Section 20 of the Act, in line with the Criminal Procedure Code, 1973. In addition to these roles, Protection Officers must carry out any other duties assigned under the law.
Do Protections Officers Work Under The Supervision Of The Magistrate?
Protection Officers work under the control of the Magistrate. They must follow instructions from both the Magistrate and the Government under this Act.
Case Examples
Prabha Tyagi v. Kamlesh Devi (Supreme Court, 2022).
In this landmark judgment, the Supreme Court clarified the role of the Domestic Incident Report (DIR) under Section 12 of the Act. The Court held that while a DIR filed by a Protection Officer or service provider must be considered by the Magistrate if available, it is not mandatory for initiating proceedings. An aggrieved person can directly approach the Magistrate without a DIR, and the absence of such a report does not bar the Magistrate from granting relief.
Suraj Sharma v. Bharti Sharma (Chhattisgarh High Court, 2016).
The Chhattisgarh High Court emphasized the importance of the DIR in domestic violence proceedings. The Court observed that the Magistrate must consider the DIR submitted by the Protection Officer before passing any order under Section 12. Failure to do so would contravene the procedural requirements of the Act.
Abhiram Gogoi v. Rashmirekha Gogoi (Gauhati High Court, 2011).
In this case, the Gauhati High Court held that the Magistrate is required to consider the DIR filed by the Protection Officer before issuing any orders under the Act. The Court stressed that adherence to this procedure ensures that the rights of both parties are protected and that the Magistrate is fully informed before making a decision.
Conclusion
Sections 8 and 9 of the Protection of Women from Domestic Violence Act, 2005 lay the foundation for effective implementation of the law. Under Section 8, the State Government must appoint a sufficient number of Protection Officers and define their jurisdiction. Preference is given to qualified women officers to ensure sensitivity and support for the victims. Section 9 outlines the duties of Protection Officers, including assisting the Magistrate, filing the Domestic Incident Report (DIR), arranging shelter, legal aid, and medical care, and ensuring compliance with court orders. Together, these sections ensure that the legal process is accessible, victim-friendly, and efficient. Proper appointment and functioning of Protection Officers play a key role in delivering timely justice and strengthening women’s safety under the law.
