Domestic Violence Act Cases Have No Penal Consequence Except For Breach Of Protection Order: Supreme Court Criticises Issuance Of Bailable Warrants

The Supreme Court criticized the issuance of bailable warrant by a Magistrate in a cases under the Protection of Women from Domestic Violence Act, 2005

The Court remarked that there is no justification for issuing bailable warrants in cases under the Domestic Violence Act as they are quasi-criminal proceedings and do not carry penal consequences unless a protection order is violated.

“This Court is constrained to observe that there is no justification whatsoever for the Trial Court to have issued bailable warrants in an application filed under the provisions of the D.V. Act. The proceedings under the D.V. Act are quasi criminal proceedings which do not have any penal consequence except where there is a violation or breach of a protection order. Therefore, the learned Magistrate was absolutely unjustified in directing issuance of bailable warrants against the petitioner.”, the bench comprising Justice Sandeep Mehta said.

The Court was hearing the transfer petition seeking the transfer of a domestic violence case filed by the petitioner's mother-in-law, under the Protection of Women from Domestic Violence Act, 2005.

The Petitioner's counsel submitted that the Petitioner has a specially abled minor son who is suffering from hearing impairment. She is unemployed and is fully dependent on her father for her survival. It was further pointed out that the Court below has issued bailable warrants against the petitioner.

Accepting the petitioner's contention, the Court inclined to transfer the petition from Delhi to Ludhiana and termed the issuance of bailable warrants against the petitioner unwarranted.

Ms. Asawari Sodhi, Adv. Ms. Zehra Khan, AOR appeared for Petitioner

Case Title: ALISHA BERRY VERSUS NEELAM BERRY

Citation : 2025 LiveLaw (SC) 33

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