Home  /  Domestic Violence Act, 2005  /  Section 8

Section 8: Appointment of Protection Officers

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005
Section 7 All 37 Sections of Domestic Violence Act, 2005 Section 9

Legal Commentary & Landmark Judgments: Section 8

Section 8 empowers State Governments to appoint Protection Officers in each district and prescribes statutory qualifications, ensuring an institutional cadre of designated officers dedicated to domestic violence inquiries.

  • District-Wise Appointment: The State Government shall appoint such number of Protection Officers in each district as it considers necessary, notifying their local territorial jurisdiction.
  • Preference for Women Officers: Statutorily dictates that Protection Officers shall, as far as possible, be women, possessing required qualifications and experience in social or legal work.
  • Independent Statutory Cadre: Protection Officers function under the direct superintendence and control of the Judicial Magistrate, acting as an official bridge between the aggrieved woman and the court.
Key Landmark Precedents:
  • Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443: The Supreme Court directed all State Governments to ensure adequate recruitment and deployment of independent, qualified Protection Officers rather than overburdening existing administrative personnel with dual charges.
  • Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel (2008) 4 SCC 649: Observed that Protection Officers are statutory instrumentalities entrusted with judicial assistance; their reports must be objective, fair, and based on verified ground facts.
Courtroom Practice & Strategic Litigation Guidance:

If a Protection Officer fails to prepare or file a Domestic Incident Report (DIR) in Form I within the statutory time, move an application before the Magistrate under Section 8(3) seeking court directions for immediate inspection and submission of the DIR.

Section 7 All 37 Sections of Domestic Violence Act, 2005 Section 9