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Section 33: Penalty for not discharging duty by Protection Officer

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005
Section 32 All 37 Sections of Domestic Violence Act, 2005 Section 34

Legal Commentary & Landmark Judgments: Section 33

Section 33 creates a specialized statutory criminal penal provision against Protection Officers who fail or refuse to discharge their statutory duties as directed by the Magistrate without reasonable cause.

  • Criminal Penal Sanction: If any Protection Officer, without sufficient cause, fails or refuses to discharge duties as directed by the Magistrate in an order, such officer commits an offence under Section 33.
  • Prescribed Punishment: Punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.
  • Condition Precedent - Court Order: Liability attaches specifically to default in discharging duties directed by the Magistrate in an order (such as executing residence orders or filing inspection reports).
Key Landmark Precedents:
  • Inderjit Singh Grewal v. State of Punjab (2011) 12 SCC 588: The Supreme Court observed that the scheme of the DV Act creates checks and balances to prevent both judicial delay and administrative abdication by designated officers.
  • Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel (2008) 4 SCC 649: Observed that statutory officers are bound to execute judicial warrants strictly within the confines of law without harassing non-parties.
Courtroom Practice & Strategic Litigation Guidance:

Section 33 is an exceptional coercive remedy. If a Protection Officer colludes with the respondent or deliberately suppresses a Domestic Incident Report, move an application before the Magistrate seeking an inquiry under Section 33, subject to the prior sanction requirement under Section 34.

Section 32 All 37 Sections of Domestic Violence Act, 2005 Section 34