What is Cognizance and proof? What is Penalty for not discharging duty by Protection Officer? What is Cognizance of offence committed by Protection Officer? Section 32 33, and 34 of The Protection of women from Domestic Violence Act 2005

Cognizance and proof, Penalty for not discharging duty by Protection Officer and Cognizance of offence committed by Protection Officer are defined under section 32, 33 and 34 of Domestic Violence Act 2005. Provisions under these sections are:

 

Section 32 of Domestic Violence Act "Cognizance and proof"

1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under sub-section (1) of section 31 shall be cognizable and non-bailable.

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.


 

Section 33 of Domestic Violence Act "Penalty for not discharging duty by Protection Officer"

If any Protection Officer fails or refuses to discharges his duties as directed by the Magistrate in the protection order without any sufficient cause, he shall be punished 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.

 

Section 34 of Domestic Violence Act "Cognizance of offence committed by Protection Officer"

No prosecution or other legal proceeding shall lie against the Protection Officer unless a complaint is filed with the previous sanction of the State Government or an officer authorised by it in this behalf.