Protection Officer under the Domestic Violence Act: Role and Duties
Quick answer: A Protection Officer is a government-appointed official under Section 8 of the Domestic Violence Act, 2005. Under Section 9 the officer assists the Magistrate, prepares the Domestic Incident Report, helps the woman apply for orders, arranges legal aid, shelter and medical examination, and makes sure court orders are carried out.
Who is a Protection Officer?
The State Government appoints Protection Officers in each district, as far as possible women, under Section 8. They are deemed public servants and work under the Magistrate's directions. In Delhi, the Women and Child Development department generally handles these appointments, and the Magistrate's court can tell you who the officer for your area is.
The Protection Officer is the link between a woman facing violence and the court system. You do not need to pay for their services.
Duties under Section 9
The Protection Officer must:
- assist the Magistrate in discharging functions under the Act;
- make a Domestic Incident Report on receiving a complaint and send copies to the Magistrate, the police station and service providers;
- make an application for protection or other orders, if the woman wants it;
- ensure the woman gets legal aid under the Legal Services Authorities Act;
- maintain a list of service providers, shelter homes and medical facilities;
- arrange shelter in a shelter home if the woman asks;
- get her medically examined if she has injuries and send the report to the police and Magistrate;
- ensure that orders for monetary relief are complied with and executed.
If the officer fails to do these duties without sufficient cause, Section 33 provides punishment of imprisonment up to one year or a fine up to Rs. 20,000 or both, subject to Government sanction.
How to approach a Protection Officer
- Ask the court registry, the Women and Child Development office or the police station for the Protection Officer in your district.
- Carry identity proof, address proof and any evidence you have.
- Explain the incidents in order and say what help you need: shelter, medical examination, legal aid, application to the court.
- Ask for a copy of the Domestic Incident Report and a written record of your complaint.
Read more about the case procedure and how to file a domestic violence complaint.
What if the Protection Officer is unhelpful?
You are not dependent on the Protection Officer. You can apply directly to the Magistrate under Section 12 through your lawyer, as the Supreme Court recognised in Prabha Tyagi (2022) when it held the Domestic Incident Report is not mandatory. A lawyer can also draw the Magistrate's attention to the officer's failure. See domestic violence lawyer in Delhi.
Frequently asked questions
Is the Protection Officer a police officer?
No. The Protection Officer is a government-appointed official who works under the Magistrate, though police must cooperate.
Do I have to go through a Protection Officer to file a case?
No. You can apply directly to the Magistrate under Section 12.
What is a Domestic Incident Report?
A report prepared by the Protection Officer or service provider recording the complaint, and sent to the Magistrate and police. It is helpful but not mandatory.
Can a Protection Officer arrange shelter?
Yes. The officer must arrange shelter in a shelter home if the woman requests it.
Is there a fee for a Protection Officer?
No. The service is provided by the State.
Related guides
- Domestic violence case procedure
- How to file a domestic violence complaint
- Role of lawyers in reporting domestic violence
- Domestic Violence Act 2005 guide
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Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.