Explanation1 for the purposes of this sub section

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Explanation1: For the purposes of this sub- section, “ service provider “has the same meaning as in the Protection Of Women from Domestic Violence Act .2005 Explanation 2: For the purposes of this sub section, the expression “protection officer” will have the same meaning as in Section 8B of the Act. (3) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of l974), shall apply to any offence punishable under this Act.] — Shifted as above mentioned The term “any recognized welfare institution or organization” to be replaced by “any recognized service provider or protection officer.
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126 ANNUAL REPORT 2008-09 Justifications for proposed amendments: 1. Justification for adding Section 7(1) to the present Section The present clause, while specifying the court in which an offence under the DPA can be tried, makes no mention of the place in which the court should be based. Ordinarily, due to a marital discord, the wife starts living at the residence of her parents or any other place, which may be completely unconnected with the place of occurrence of the marital offence. Therefore, it becomes imperative that law provides to the woman the opportunity to file a case not only where the offence was committed, but also where she permanently or temporarily resides. This would make the process of tiling a case convenient for the victims and will encourage them to come forward in this regard. The Protection of Women from Domestic Violence Act” 2005 explicitly states that the court where the woman resides or is employed is competent to try the offence, even if the cause of action had not arisen there. This provision needs also to be incorporated in the Dowry Prohibition Act. The need to include this provision explicitly can also be inferred from the Supreme Court decision in the case Y Abraham Ajith & Ors V. Inspector of Police, Chennai. The court held that no part of cause of action pertaining to dowry arose in Chennai where the victim was residing, and therefore, the magistrate at Chennai had no jurisdiction to deal with the matter. Accordingly, the proceedings were quashed. 2. Recognizing the role of authorities under the Protection of Women against Domestic Violence Act 2005 for effective implementation of the DPA Inclusion of Service Providers - The recently enacted Protection of Women from Domestic Violence Act, 2005 recognizes any registered voluntary association desirous of protecting the rights of women and registered with the State Government as a service provider. Hence the term ‘any recognized welfare institution of organization’ can be assimilated into the term’ service provider’ for better clarity as to who can complain to the magistrate. Inclusion of Protection Officers - Under the PWDV Act, the State Government has the power to appoint Protection Officers in each district to ensure that the provisions of the Act are complied with. These officers have the power to present an application to the magistrate. These officers should, therefore, be empowered under the Dowry Prohibition Act to bring
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  • Fall '19
  • DPA, Stridhan

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