Section 10: Service providers

Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005

Legal Commentary & Landmark Judgments: Section 10

Section 10 provides for the official registration, functions, and legal immunities of Service Providers, enabling voluntary organizations and NGOs to assist victims of domestic violence and record statutory Domestic Incident Reports.

  • Registration Standards: Any voluntary association registered under the Societies Registration Act, 1860 or a company under the Companies Act working with women may register with the State Government as a recognized service provider.
  • Power to Record DIR: Empowers service providers to record the Domestic Incident Report in the prescribed form and forward it directly to the Magistrate and Protection Officer.
  • Mandatory Medical & Shelter Referral: Authorizes service providers to have the aggrieved woman medically examined and assist her in finding safe shelter in a registered home.
  • Immunity for Bona Fide Acts: Confers complete immunity against civil, criminal, or other legal proceedings for any act done or intended to be done in good faith under the Act.
Key Landmark Precedents:
  • Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1: The Constitution Bench recognized the vital role of statutory and voluntary dispute resolution bodies in family matters prior to criminal prosecution.
  • Kunapareddy v. Kunapareddy Swarna Kumari (2016) 11 SCC 774: Emphasized that the DV Act creates a multi-layered support infrastructure where service providers play an essential role in documenting domestic friction and facilitating conciliation.
Courtroom Practice & Strategic Litigation Guidance:

Victims unable to approach court directly due to physical confinement or lack of funds should approach a Section 10 registered service provider. The service provider's Form I DIR has statutory evidentiary status before the Magistrate under Section 12 proviso.