Duties and functions of Protection Officers
Section 9 of the Protection of Women from Domestic Violence Act, 2005 deals with duties and functions of Protection Officers. It shall be the duty of the Protection Officer-- (a) to assist the Magistrate in the discharge of his functions under this Act; The Act came into force on 26 Oct 2006.
(1) It shall be the duty of the Protection Officer--
(a) to assist the Magistrate in the discharge of his functions under this Act;
(b) to make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;
(c) to make an application in such form and in such manner as may be prescribed to the Magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;
(d) to ensure that the aggrieved person is provided legal aid under the Legal Services Authorities Act, 1987 (39 of 1987) and make available free of cost the prescribed form in which a complaint is to be made;
(e) to maintain a list of all service providers providing legal aid or counselling, shelter homes and medical facilities in a local area within the jurisdiction of the Magistrate;
(f) to make available a safe shelter home, if the aggrieved person so requires and forward a copy of his report of having lodged the aggrieved person in a shelter home to the police station and the Magistrate having jurisdiction in the area where the shelter home is situated;
(g) to get the aggrieved person medically examined, if she has sustained bodily injuries and forward a copy of the medical report to the police station and the Magistrate having jurisdiction in the area where the domestic violence is alleged to have been taken place;
(h) to ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973 (2 of 1974);
(i) to perform such other duties as may be prescribed.
(2) The Protection Officer shall be under the control and supervision of the Magistrate, and shall perform the duties imposed on him by the Magistrate and the Government by, or under, this Act.
Section 9, 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 1
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: Enumerates duties of Protection Officer including making domestic incident report to Magistrate. Court noted that prayer relating to protection falls within Section 9.
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Kunapareddy @ Nookala Shanka Balaji vs Kunapareddy Swarna Kumari
Court's Decision & Legal Precedent
Courts exercising jurisdiction under the Protection of Women from Domestic Violence Act, 2005 possess the power to allow amendments to petitions/complaints filed by aggrieved persons, notwithstanding the absence of an explicit amendment provision in the Code of Criminal Procedure, 1973, where such amendments: (1) relate to easily curable infirmities, (2) do not cause prejudice to the respondent, and (3) are necessary to avoid multiplicity of proceedings and serve the ends of justice. This power derives from the inherent authority of courts under the Constitution, the dual nature (criminal procedure with civil character) of DV proceedings as reflected in Section 28(2) of the DV Act, and the purposive interpretation of statutes protecting fundamental rights of women.
On this section: The Court analyzed the jurisdictional and procedural framework for domestic violence cases, emphasizing that Sections 18 and 20 provide for protection orders and maintenance relief respectively. Section 28 provides that proceedings shall be governed by the Criminal Procedure Code, but sub-section (2) permits courts to lay down their own procedure for applications under Section 12 and Section 23(2). The Court emphasized that proceedings under the DV Act, though governed by CrPC, are essentially civil in nature.
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.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 9
What have the courts held on Section 9 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: Enumerates duties of Protection Officer including making domestic incident report to Magistrate. Court noted that prayer relating to protection falls within Section 9. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 9 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 9, section 9 DV Act, section 9 of the Protection of Women from Domestic Violence Act. People searching for it also type 9b dv act and section 9 of the family violence act 2018. 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 9 of the Protection of Women from Domestic Violence Act, and has it changed?
Its own text turns on section 20 (Monetary reliefs), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently The Protection of Women from Domestic Violence Rules, 2006 (2006).
When did Section 9 of the Protection of Women from Domestic Violence Act come into force?
Section 9 of the Protection of Women from Domestic Violence Act, cited as DV Act 9, 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
- 20. Monetary reliefs336 words
- 10. Service providers293 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.