I thought that one of the assumptions of jurisprudence was that an accused is innocent till proven guilty. Now, when a woman files a complaint the onus is on the man to prove that he did not abuse his wife. My interpretation is corroborated by this line from an article about the new Law.
What this means (again as I understand it) is that if the woman says that the man has not done what he had been told to do under the protection order, then that may be considered to be enough to decide the man’s fate. (2) Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of section 31 has been committed by the accused.
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Cognizance and proof.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under subsection (1) of section 31 shall be cognizable and non-bailable. In lay terms, that means that if the man does not follow the remedial actions prescribed by the protection order, he is now deemed to have committed a criminal offense that may result in one year jailtime and a financial penalty.ģ2. Penalty for breach of protection order by respondent.-(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both. Moving on, we reach the following section:ģ1. “Provided that no order under clause (b) shall be passed against any person who is a woman.”) The title of the law also makes it pretty clear-it concernes itself only with the protection of women (a fact that is repeated a few times in the document in different contexts e.g. That is, I presume (and I am no legal expert) that the gender of the victim and the perpetrator of domestic violence has been hard-coded into the law. The law defines two concepts fairly clearly: Ģ(a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.Ģ (q) “respondent” means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act. On October 27 2006, a new law titled The Protection of Women From Domestic Violence came into effect.