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Section 35: Protection of action taken in good faith

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

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Act 2005
Section 34 All 37 Sections of Domestic Violence Act, 2005 Section 36

Legal Commentary & Landmark Judgments: Section 35

Section 35 provides comprehensive statutory immunity shielding the Central Government, State Governments, Protection Officers, and Service Providers from suits, prosecution, or legal proceedings for acts done in good faith.

  • Good Faith Protection: No suit, prosecution, or other legal proceeding shall lie against the Central Government, State Government, Protection Officer, or Service Provider for anything done or intended to be done in good faith under the Act.
  • Protection for Ancillary Personnel: Protects counsellors, shelter home personnel, and social workers acting under the instructions of the court or Protection Officer.
  • Burden of Proving Malice: The party challenging the action of a statutory authority bears the heavy burden of demonstrating malice in fact and gross bad faith.
Key Landmark Precedents:
  • Goa Plast (P) Ltd. v. Chico Ursula D'Souza (2004) 2 SCC 235: Affirmed that statutory indemnity provisions protect public functionaries from vexatious litigation when implementing remedial social welfare legislation.
  • K.P. Poulose v. State of Kerala (1975) 2 SCC 236: Held that actions taken under official statutory duties are presumed to be in good faith unless clear evidence of fraud or collateral purpose is proven.
Courtroom Practice & Strategic Litigation Guidance:

If an angry respondent institutes a civil damages or defamation suit against a Protection Officer or service provider for submitting an adverse DIR, immediately file an application under Order VII Rule 11(d) CPC seeking rejection of the plaint as barred by law under Section 35.

Section 34 All 37 Sections of Domestic Violence Act, 2005 Section 36