Section 5 Domestic Violence Act 2005: Duties of Police Officers, Protection Officers, Service Providers and Magistrates
Section 5 of the Protection of Women from Domestic Violence Act, 2005 imposes an immediate duty on specified authorities and service providers to inform an aggrieved woman about the remedies, support services and legal assistance available to her when domestic violence is complained of, reported, or encountered.
What does Section 5 of the Domestic Violence Act provide?
The statutory duty applies to a police officer, Protection Officer, service provider or Magistrate who receives a complaint of domestic violence, is present at the place of an incident, or receives a report of such an incident.
Rights and services that must be communicated
- The right to apply for one or more remedies under the Act, including a protection order, monetary relief, custody order, residence order and compensation order.
- The availability of services provided by registered service providers.
- The availability of the services of Protection Officers.
- The right to free legal services under the Legal Services Authorities Act, 1987.
- The right to make the relevant criminal complaint concerning cruelty by the husband or his relatives, wherever applicable.
Meaning of the key terms used in Section 5
Aggrieved person
Under Section 2(a) of the Act, an "aggrieved person" is a woman who is, or has been, in a domestic relationship with the respondent and alleges that she has been subjected to an act of domestic violence.
Protection Officer
Protection Officers are appointed by the State Government under Section 8. Their statutory functions under Section 9 include assisting the Magistrate, preparing a domestic incident report, helping an aggrieved person make an application, facilitating legal aid, and assisting with shelter and medical examination where required.
Service provider
Section 10 permits qualifying voluntary associations and companies working for the protection of women's rights to register as service providers. Their role can include recording a domestic incident report and facilitating medical examination or shelter in accordance with the Act.
Magistrate
Applications for relief under Section 12 are made to the competent Magistrate. The Act empowers the Magistrate to grant statutory remedies including protection orders under Section 18, residence orders under Section 19, monetary relief under Section 20, custody orders under Section 21 and compensation under Section 22.
Criminal-law reference: IPC Section 498A and current BNS provisions
The enacted text of Section 5(e) refers to Section 498A of the Indian Penal Code, 1860. That reference remains part of the text of the Domestic Violence Act. For the current criminal-law framework, the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. The corresponding offence concerning cruelty by a husband or his relative is contained in Section 85, while Section 86 defines "cruelty" for that provision. The applicable provision in a particular matter can depend on the date and facts of the alleged conduct.
Free legal services under the Legal Services Authorities Act, 1987
Section 5(d) specifically requires the aggrieved person to be informed of her right to free legal services under the Legal Services Authorities Act, 1987. That legislation establishes legal services authorities to provide free and competent legal services to eligible persons and to promote access to justice.
Police duty where a cognizable offence is disclosed
The proviso to Section 5 makes clear that the Domestic Violence Act does not relieve a police officer of the duty to proceed according to law when information discloses the commission of a cognizable offence. The remedies under the Domestic Violence Act therefore do not displace applicable criminal-law duties.
Practical effect of Section 5
- An aggrieved person should be informed of the range of civil reliefs available under the Act rather than being limited to a single remedy.
- She should be told about Protection Officers and registered service providers who can assist with the statutory process.
- She should be informed about free legal services.
- Where the facts disclose a cognizable offence, the police must also act in accordance with the applicable criminal procedure.
Related provisions of the Domestic Violence Act
Section 5 should be read with Section 3 on the definition of domestic violence, Section 4 on information to the Protection Officer, Sections 8 and 9 on Protection Officers, Sections 10 and 11 on service providers and Government duties, and Sections 12 and 13 on applications and service of notice.
Note: This article explains the statutory provision for general legal information. Application of the law depends on the facts, dates and procedural history of an individual case.