Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005
Section 28 of Domestic Violence Act, 2005: Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1)Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
(2)Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.
Legal Commentary & Landmark Judgments: Section 28
Section 28 regulates the procedure governing applications under the DV Act, stipulating that while proceedings under Sections 12 and 18 to 23 are generally governed by the Code of Criminal Procedure, the Magistrate possesses statutory discretion to devise simplified summary procedures.
Application of CrPC (Section 28(1)): All proceedings under Sections 12, 18, 19, 20, 21, 22, and 23 and offences under Section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (now BNSS, 2023).
Independent Procedural Flexibility (Section 28(2)): Nothing in sub-section (1) prevents the court from laying down its own procedure for disposal of an application under Section 12 or Section 23(2).
Affidavit-Based Adjudication: Allows the Magistrate to receive evidence on affidavits, dispense with formal oral cross-examination at interlocutory stages, and fast-track emergency relief.
Key Landmark Precedents:
Kunapareddy v. Kunapareddy Swarna Kumari (2016) 11 SCC 774: The Supreme Court held that despite the reference to CrPC in Section 28, the Magistrate has inherent power under Section 28(2) to permit amendment of a Section 12 petition; procedural technicalities cannot extinguish substantive civil remedies under the Act.
Kamlesh Devi v. Jaipal (2019) 8 SCC 745: The Supreme Court reiterated that proceedings under the DV Act are quasi-civil in nature; procedural flexibility under Section 28(2) must be exercised to advance social welfare rather than dismissing claims on hyper-technical criminal grounds.
Courtroom Practice & Strategic Litigation Guidance:
Rely on Section 28(2) to file amendment applications to include subsequent acts of cruelty, introduce updated income affidavits, or urge the court to decide interim maintenance under Section 23 solely on the basis of income affidavits without relegating the matter to protracted trial evidence.
Legal Commentary & Landmark Judgments: Section 28
Section 28 regulates the procedure governing applications under the DV Act, stipulating that while proceedings under Sections 12 and 18 to 23 are generally governed by the Code of Criminal Procedure, the Magistrate possesses statutory discretion to devise simplified summary procedures.
Rely on Section 28(2) to file amendment applications to include subsequent acts of cruelty, introduce updated income affidavits, or urge the court to decide interim maintenance under Section 23 solely on the basis of income affidavits without relegating the matter to protracted trial evidence.