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Section 30: Protection Officers and members of service providers to be public servants

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

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Act 2005
Section 29 All 37 Sections of Domestic Violence Act, 2005 Section 31

Legal Commentary & Landmark Judgments: Section 30

Section 30 declares Protection Officers and members of Service Providers to be public servants within the meaning of Section 21 of the Indian Penal Code, providing statutory dignity and criminal protections for their official functions.

  • Public Servant Status: Every Protection Officer and member of a service provider acting under the Act is deemed to be a public servant within the meaning of Section 21 IPC (Section 2(28) BNS, 2023).
  • Penal Protection Against Obstruction: Assault, use of criminal force, or obstruction caused to Protection Officers while executing court orders or conducting home inspections attracts Section 353 and 186 IPC (Sections 121 and 221 BNS, 2023).
  • Public Accountability: Brings Protection Officers within the ambit of criminal liability for corruption, abuse of office, or intentional framing of false statutory reports.
Key Landmark Precedents:
  • State of Gujarat v. Mansukhbhai Kanjibhai Shah (2020) 20 SCC 360: The Supreme Court emphasized that the statutory designation of functionaries as 'public servants' must be construed purposively to uphold public trust, administrative integrity, and legal accountability.
  • Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443: Reaffirmed that Protection Officers carry sovereign statutory duties and must be afforded full police protection when executing residence and protection orders.
Courtroom Practice & Strategic Litigation Guidance:

If a respondent or their relatives threaten, harass, or obstruct a Protection Officer during a site visit or execution of a Section 19 residence order, immediately report the conduct to the Magistrate and file an FIR under Section 353 IPC/Section 121 BNS for assaulting a public servant.

Section 29 All 37 Sections of Domestic Violence Act, 2005 Section 31