Procedure
Section 28 of the Protection of Women from Domestic Violence Act, 2005 deals with procedure. Save as otherwise provided in this Act, all proceedings under sections 12,18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). The Act came into force on 26 Oct 2006.
(1) Save as otherwise provided in this Act, all proceedings under sections 12,18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.
Section 28, The Protection of Women from Domestic Violence Act, 2005 (Act 43 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kunapareddy @ Nookala Shanka Balaji vs Kunapareddy Swarna Kumari
Court's Decision & Legal Precedent
Courts dealing with petitions/complaints filed under the Domestic Violence Act, 2005 have the inherent power to allow amendments to such petitions/complaints even though no specific amendment provision exists in the Criminal Procedure Code, 1973. Such amendments can be allowed in appropriate cases where: (1) the amendment relates to curable infirmities or subsequent events creating new causes of action; (2) allowing the amendment serves to avoid multiplicity of litigation; (3) no cognizance has been taken or summons issued; (4) the amendment does not fundamentally change the nature of the complaint; and (5) no prejudice is caused to the respondent. The civil nature of reliefs available under the Domestic Violence Act and the Legislature's intent as reflected in Section 28(2) support the exercise of this power.
On this section: Provides that proceedings under Sections 12, 18-23 and offences under Section 31 are governed by Criminal Procedure Code, 1973. Sub-section (2) empowers court to lay down its own procedure for disposal of applications under Section 12 or Section 23(2). Court held this provision indicates Legislature's intent to allow procedural flexibility.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 28
What have the courts held on Section 28 of the Protection of Women from Domestic Violence Act?
Kunapareddy @ Nookala Shanka Balaji vs Kunapareddy Swarna Kumari (18 Apr 2016) is the leading judgment on this section among those set out below: Provides that proceedings under Sections 12, 18-23 and offences under Section 31 are governed by Criminal Procedure Code, 1973. Sub-section (2) empowers court to lay down its own procedure for disposal of applications under Section 12 or Section 23(2). Court held this provision indicates Legislature's intent to allow procedural flexibility.
How do I find court cases under Section 28 of the Protection of Women from Domestic Violence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: DV Act 28, section 28 DV Act, section 28 of the Protection of Women from Domestic Violence Act. People searching for it also type dv act 28(2). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kunapareddy @ Nookala Shanka Balaji vs Kunapareddy Swarna Kumari (18 Apr 2016).
What should I read with Section 28 of the Protection of Women from Domestic Violence Act, and has it changed?
Its own text turns on section 12 (Application to Magistrate), section 18 (Protection orders), section 19 (Residence orders), section 20 (Monetary reliefs), and on 4 further provisions, so none of them can safely be read on its own.
When did Section 28 of the Protection of Women from Domestic Violence Act come into force?
Section 28 of the Protection of Women from Domestic Violence Act, cited as DV Act 28, came into force on 26 Oct 2006, having been enacted on 13 Sep 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions623 words
- 3. Definition of domestic violence482 words
- 37. Power of Central Government to make rules443 words
- 19. Residence orders431 words
- 9. Duties and functions of Protection Officers360 words
- 20. Monetary reliefs336 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.