Section 4 Domestic Violence Act 2005: Information to Protection Officer and Protection of Informant

Section 4 of the Protection of Women from Domestic Violence Act, 2005 permits a person who has reason to believe that domestic violence has occurred, is occurring, or is likely to occur to give information to the concerned Protection Officer. It also protects a person who gives such information in good faith from civil or criminal liability.

In brief: A person does not have to wait until violence has already occurred. Information may also be given where domestic violence is being committed or is likely to be committed, provided the statutory requirement of having reason to believe is met.

What does Section 4 provide?

  1. Any person who has reason to believe that an act of domestic violence has been, is being, or is likely to be committed may give information about it to the concerned Protection Officer.
  2. A person who gives such information in good faith for the purpose of sub-section (1) does not incur civil or criminal liability merely for giving that information.

Meaning and scope of Section 4

The provision is designed to facilitate early reporting of domestic violence. The expression "any person" makes the reporting provision broad: the information need not necessarily come only from the aggrieved woman. The information is to be given to the concerned Protection Officer, an officer appointed by the State Government under Section 8 of the Act.

The protection in sub-section (2) is linked to good faith. It shields the informant from civil or criminal liability for giving information for the purpose contemplated by sub-section (1). The statutory protection should therefore be read with the requirement that the information is supplied in good faith.

Important expressions connected with Section 4

Domestic violence

Section 3 defines domestic violence for the purposes of the Act. Broadly, it covers specified acts, omissions, commissions or conduct involving physical abuse, sexual abuse, verbal and emotional abuse, economic abuse, certain dowry-related harassment, threats, and other physical or mental injury or harm.

Protection Officer

Under Section 8, the State Government appoints Protection Officers for areas specified by notification. Their statutory duties and functions are set out principally in Section 9, including assisting the Magistrate and performing functions assigned under the Act and the Rules.

Good-faith information

Section 4(2) does not create an unrestricted immunity for every statement. The express statutory protection applies to a person giving information in good faith for the purpose of Section 4(1).

Why Section 4 matters

Section 4 supports reporting at an early stage by covering past, ongoing and likely domestic violence. At the same time, the good-faith protection reduces the risk that a genuine informant will face civil or criminal liability merely because the person supplied information to the Protection Officer.

Official legal sources

For the authoritative statutory text and related rules, refer to the Protection of Women from Domestic Violence Act, 2005 on India Code and the Ministry of Women and Child Development legislation page.

Legal note: This article explains Section 4 for general legal information. Application of the Act can depend on the facts of a particular matter and the applicable judicial decisions.