Penalty for breach of protection order by respondent
Section 31 of the Protection of Women from Domestic Violence Act, 2005 deals with penalty for breach of protection order by respondent. 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. The Act came into force on 26 Oct 2006.
(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.
(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused.
(3) While framing charges under sub-section (1), the Magistrate may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.
Section 31, 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.
This section refers to
Referred to by 2
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: Terms breach of Magistrate's orders as punishable offence, converting civil orders into criminal matters upon violation.
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Vijayakumari v. Jayakumar
Court's Decision & Legal Precedent
HC Final Order order-1.pdf 2024-07-05 DATE VERIFIED. High Court of Kerala, Ernakulam. Bechu Kurian Thomas. OP(Crl.) 56/2024. Isolates DV 18: whether an interim restraint on dispossession from the shared household is a protection order under s.18 (so s.31 penalty can attach) or only a s.19 residence order. Holds 18(a)/(g) can include shared-household access as protection; the character of the order follows its nature and terms. Leading HC (wave33 had 0 new HC). Do not pad 19 (already filled). Juveria remains a maintainability/basket miss, not 18 ingredients.
On this section: DV Act 31: a shared-household restraint issued as a measure of protection is a protection order; its breach attracts s.31 even if it also protects residence — it is not a mere s.19 residence order outside s.31 (Vijayakumari). Do not pad 19 (s.18 already filled on this CNR).
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 31
What have the courts held on Section 31 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: Terms breach of Magistrate's orders as punishable offence, converting civil orders into criminal matters upon violation. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2016 to 2024.
How do I find court cases under Section 31 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 31, section 31 DV Act, section 31 of the Protection of Women from Domestic Violence Act. People searching for it also type dv act 31(1) and dv act 2005 section 31. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Kunapareddy @ Nookala Shanka Balaji vs Kunapareddy Swarna Kumari (18 Apr 2016).
What should I read with Section 31 of the Protection of Women from Domestic Violence Act, and has it changed?
Its own text turns on Indian Penal Code 498A (Husband or relative of husband of a woman subjecting her to cruelty), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 31 of the Protection of Women from Domestic Violence Act come into force?
Section 31 of the Protection of Women from Domestic Violence Act, cited as DV Act 31, 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 14 Oct 2026. This page is not a substitute for legal advice.