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Protection Officers are creations of the Domestic Violence Act, 2005. In line with a policy of trying to ensure that the woman is safe and that her rights are protected, under Section 8 of the Act, the State Government must appoint as many Protection Officers in each district as it considers necessary. It must also notify the area or areas within which a Protection Officer exercises the powers and perform the duties conferred on him by or under the Act. The Protection Officers should be women, if possible.

It shall be the duty of the Protection Officer:

• to assist the Magistrate in the discharge of his functions under the Act
• to make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area
• to make an application in such form and in such manner as may be prescribed to the Magistrate, if the woman so desires, claiming relief for issuance of a protection order
• to ensure that the woman is provided legal aid under the Legal Services Authorities Act, 1987 and make available free of cost the prescribed form in which a complaint is to be made
• to maintain a list of all service providers providing legal aid or counselling, shelter homes and medical facilities in a local area within the jurisdiction of the Magistrate
• to make available a safe shelter home, if the woman so requires and forward a copy of his report of having lodged the woman in a shelter home to the police station and the Magistrate having jurisdiction in the area where the shelter home is situated
• to get the woman medically examined, if she has sustained bodily injuries and forward a copy of the medical report to the police station and the Magistrate having jurisdiction in the area where the domestic violence is alleged to have been taken place
• to ensure that the order for monetary relief (under Section 20) is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973
• to perform such other duties as may be prescribed.

The Protection Officer shall be under the control and supervision of the Magistrate, and shall perform the duties imposed on him by the Magistrate and the Government by or under, the Act according to Section 9 of the Act.

Under Section 5 of the Domestic Violence Act, 2005, a Protection Officer who has received a complaint of domestic violence or is otherwise present at the place of an incident of domestic violence or when the incident of domestic violence is reported to him, must inform the woman:

• of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under the Act
• of the availability of services of service providers
• of the availability of services of the Protection Officers
• of her right to free legal services under the Legal Services Authorities Act, 1987
• of her right to file a complaint under Section 498 A of the Indian Penal Code wherever relevant

A woman or a Protection Officer or any other person on behalf of the woman may present an application to the Magistrate seeking one or more reliefs under the Act.

Under Section 4 of the Act, any person who has reason to believe that an act of domestic violence has been or is being or is likely to be committed may give information about it to the concerned Protection Officer. No liability, civil or criminal, shall be incurred by any person for giving information in good faith of information.

Under Section 33, if any Protection Officer fails or refuses to discharge his duties as directed by the Magistrate in the protection order without any sufficient cause, he is liable to be punished with either simple or rigorous imprisonment of for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both although Section 34 says that no prosecution or other legal proceeding lies against the Protection Officer unless a complaint is filed with the previous sanction of the State Government or an officer authorised by it in this behalf.

No suit, prosecution or other legal proceeding lies against the Protection Officer for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under the Act or any rule or order made under it according to Section 35. The provisions of the Act are, however, in addition to, and not in derogation of the provisions of any other law, for the time being in force according to Section 36.

Protection Officers, while acting or purporting to act in pursuance of any of the provisions of the Act or any rules or orders made under it are deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

Note

Under the Act any of several possible perpetrators of domestic violence can be dealt with. These perpetrators are referred to as ‘the respondent’ in the statute and have been defined as any adult male person who is or has been, in a domestic relationship with the aggrieved woman and against whom she has sought any relief under the Act. The perpetrator may be the woman’s husband or a man with whom she shares a relationship in the nature of a marriage.

‘Woman’ means any woman who is or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent and a ‘domestic relationship’ means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.

A ‘child’ means any person below the age of eighteen years and includes any adopted, step or foster child.