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Bare acts > Protection of Women from Domestic Violence Rules, 2005 > Rule 14
 
  


 

14. Breach of protection orders.- (a) An aggrieved person may report a breach of protection order to the Protection Officer. The report shall be in writing by the informant and duly signed by her. The Protection Officer shall forward a copy of such complaint with a copy of the protection order of which a breach is alleged to the concerned magistrate for appropriate orders.

(b) When charges are framed under Section 31of the Act and offences under Section - 498A Indian Penal Code, 1860, or any other offence not summarily triable, the court may separate the proceedings for such offences to be tried in the manner prescribed under Code of Criminal Procedure and proceed to summarily try the offence of the breach of Protection Order under S-31 of the Act, in accordance with the provisions of chapter XXI of the Code of Criminal Procedure, 1973.

(c) The provisions of Code of Criminal Procedure, 1973, regarding arrest, compelling appearance, summary trial, sentence and conviction shall apply to any offence under Section 31 of the Act.

(d) Any resistance to the enforcement of the orders of the court under the Act by the respondent or any other person purportedly acting on his behalf shall be deemed to be a breach of protection order or an interim protection order covered under Section 31(1) of the Act.

(e) Each breach of protection order shall be a separate offence warranting separate charges under the Act.

(f) Without prejudice to the provisions of the Criminal Procedure Code, 1973, a breach of the protection order under Section 31(1) of the Act, may immediately be reported to the local police station and shall be dealt with as a cognizable offence as provided under Section 31 of the Act.

(g) While enlarging the person on bail arrested under the Act, the court may impose the following conditions to protect the aggrieved person and to ensure the presence of the accused before the court, which may include:-

(i) An order restraining the accused from threatening to commit or committing or committing an act of domestic violence.

(ii) An order preventing the accused from harassing, telephoning or making any contact with the aggrieved person.

(iii) An order directing the accused to vacate and stay away from the residence of the aggrieved person or any place she is likely to visit.

(iv) An order prohibiting the possession or use of firearm or any other dangerous weapon.

(v) Any other order required for protection, safety and adequate relief to the aggrieved person.

(vi) Violation of conditions of bail shall attract the issuance of a Non-Bailable Warrant and immediate arrest of the accused.

 

 

 

 

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