Section 9: Duties and functions of Protection Officers

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005

Legal Commentary & Landmark Judgments: Section 9

Section 9 defines the exhaustive statutory duties and functions of Protection Officers, establishing their central role as investigative and reporting officers for the Magistrate.

  • Procedural Mechanism: Section 9 defines the operational responsibilities of Protection Officers, establishing them as the indispensable administrative link between victims and the judicial system.
  • Procedural Scope: Sets the parameters for invoking statutory remedies and judicial protections.

Section 9 operationalizes the Protection Officer's pivotal role in assisting the Magistrate, preparing Domestic Incident Reports, and facilitating legal and medical aid.

Key Landmark Precedents:
  • Prabha Tyagi v. Kamlesh Devi (2022) 5 SCC 801: Held that while a Domestic Incident Report (DIR) submitted by a Protection Officer under Section 9 is valuable, an application under Section 12 filed directly by a woman cannot be rejected merely because no DIR was submitted.
  • Kamlesh Devi v. Jaipal (2019) 14 SCC 594: Emphasized that Protection Officers must record factual domestic incidents objectively without taking partisan roles.
Legal Commentary:

Protection Officers function as the backbone of the DV Act machinery. Unlike regular police officers who focus strictly on penal guilt, Protection Officers are social-welfare agents tasked with preparing comprehensive DIRs, organizing emergency shelter, securing medical evidence, and navigating judicial relief for traumatized victims.