Section 31: Penalty for breach of protection order by respondent

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

Non-Bailable
Cognizable Offence
JMFC / Mahila Court
Act 2005

Legal Commentary & Landmark Judgments: Section 31

Section 31 prescribes direct criminal penalties for the breach of a Protection Order or Interim Protection Order by the respondent.

  • Framing & Alteration of Charges: Sub-section (3) provides that the Magistrate may simultaneously frame charges and try the respondent for offences under Section 498A IPC / Section 85 BNS or any other offence arising from the same facts.
  • Procedural Scope: Sets the parameters for invoking statutory remedies and judicial protections.

Section 31 enforces strict criminal deterrence against defiance of protection orders, making breach a cognizable and non-bailable penal offence.

Key Landmark Precedents:
  • Suresh v. State of Haryana (2014) SCC OnLine P&H 1526: Held that Section 31 transforms a civil protection order into a penal sanction; any deliberate violation of residence or protection terms justifies immediate custodial arrest.
  • Surya Prakash v. Smt. Rachna (2018) SCC OnLine MP 1225: Confirmed that Section 31 proceedings are criminal trials triable under the Code of Criminal Procedure, requiring proof of willful defiance.
Legal Commentary:

Section 31 gives the DV Act its coercive teeth. While the initial reliefs are civil in nature, defying a court's protection order converts the matter into a criminal prosecution. An abusive husband who violates a restraint order by entering his wife's workplace or sending threatening messages faces immediate summary trial and imprisonment.