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Section 4: Information to Protection Officer and exclusion of liability of informant

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

Statutory Regulation
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Act 2005
Section 3 All 37 Sections of Domestic Violence Act, 2005 Section 5

Legal Commentary & Landmark Judgments: Section 4

Section 4 provides statutory immunity and civic duty for any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed, to inform the Protection Officer without attracting civil or criminal liability.

  • Whistleblower Immunity: Expressly shields any person who provides information in good faith from any civil, criminal, or tortious liability for giving notice to the Protection Officer.
  • Preventive & Preemptive Scope: Permits information regarding domestic violence that is not only already committed, but is 'being' or 'likely to be' committed, enabling timely judicial intervention.
  • Zero Locus Standi Bar: Allows neighbors, relatives, social workers, or medical personnel to alert statutory authorities without needing power of attorney or formal authorization from the aggrieved woman.
Key Landmark Precedents:
  • V.D. Bhanot v. Savita Bhanot (2012) 3 SCC 183: The Supreme Court held that the DV Act is a welfare enactment and conduct occurring prior to the commencement of the Act in 2006 can be considered to determine whether an aggrieved person is living under the continuing threat of domestic abuse.
  • Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443: The Supreme Court affirmed that community reporting and early institutional intervention through Protection Officers are critical to preventing escalation of domestic violence into fatal offences.
Courtroom Practice & Strategic Litigation Guidance:

Use Section 4 when advising third parties, NGOs, or relatives who hesitate to intervene out of fear of defamation or malicious prosecution suits by abusive in-laws. Section 4 provides complete statutory protection if the reporting was made in good faith.

Section 3 All 37 Sections of Domestic Violence Act, 2005 Section 5