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You are here: Home » PWDVA (DV Act), Dowry Act, and 498A can exist simultaneously

PWDVA (DV Act), Dowry Act, and 498A can exist simultaneously

15 Aug 2009 By videv Leave a Comment

A person who files under DV (Domestic Violence) Act may get help from State to file for 498A and Dowry Act 1961 if these are applicable to her case.

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Read 5(e) of PWDVA which enables Protection Officer or Magistrate to help woman:

(e) of her right to file a complaint under section 498A of the Indian Penal
Code,wherever relevant: β€œ

Read 31(3) of PWDVA which is applicable after breach of Protection Order:

(3) While framing charges under sub-section (J), the Magistrate may also frame
charges under section 498A of the Indian Penal Code and any other provision of that
Code or the Dowry Prohibition Act, 1961, as the case may be, if the facts disclose the
commission of an offence under those provisions.

So the point of double jeopardy would not be applicable to avoid simultaneous 498A and PWDVA, Domestic Violence Act.

Under PWDVA, she can can get household use and restraining orders on husband. These are civil reliefs for her person.

Under 498A and dowry act, she can file criminal cases which is offence against state.

READ:  Delhi High court invokes constitution to protect woman

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Related Posts

  1. Old couple blame misuse of dowry law for losing house
  2. Restore Civil Rights to Domestic Violence Laws!
  3. What should be my stand in court?
  4. Men ki Baat – Counselling, Discussion of personal cases on WhatsApp and Facebook

Filed Under: Uncategorised Tagged With: 498A, Dowry Act, PWDVA(DV Act)

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