A police officer, Protection Officer, service provider or Magistrate who has received a complaint of domestic violence or is otherwise present at the scene of an incident of domestic violence or when the incident of domestic violence is reported to him, shall inform the aggrieved person—
(a) of her right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under this Act;
(b) of the availability of services of service providers;
(c) of the availability of services of the Protection Officers;
(d) of her right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987);
(e) of her right to file a complaint under section 498A of the Indian Penal Code (45 of 1860), wherever relevant:
Provided that nothing in this Act shall be construed in any manner as to relieve a police officer from his duty to proceed in accordance with law upon receipt of information as to the commission of a cognizable offence.
Legal Commentary & Landmark Judgments: Section 5
Section 5 imposes mandatory affirmative duties on police officers, Protection Officers, service providers, and Magistrates who receive a domestic violence complaint to immediately inform the aggrieved woman of her statutory rights and accessible remedies.
If police authorities attempt to dismiss a domestic dispute as a 'private civil matter' without recording a Domestic Incident Report (DIR), cite Section 5. Police are statutorily commanded to inform the woman of her rights, refer her to a Protection Officer, and transmit the complaint to the Magistrate.