Magistrate not bound to consider Domestic Report

In the case of [Prabha Tyagi v Kamlesh Devi, CrA 511/2022], the Supreme Court decided that it is not mandatory for the Magistrate to consider a Domestic Incident Report filed by Protectiotion Officer before passing an order under the D V Act. It was observed by the Bench of Justices M R Shah and B V Nagartha, that the Magistrate has the authority to issue an interim, ex-parte or final judgment under the Act, even in the absence of a Domestic Incident Report. 

In the present case, the Bench, however, clarified that the magistrate is obliged to consider any domestic incident report filed by the protection officer in the case where the victim has filed an application to the magistrate through her protection officer or service provider.

As per the provision of Section 12(1) of the D. V. Act, it is mandatory for a protection Officer to file a Domestic Incident Report before the magistrate, which the magistrate may take cognizance of for the offense committed as per the report, it was noted by the UTtarakhand High Court.

The same issue was raised before the Supreme Court, as to whether the Domestic Incident Report is mandatory before initiating the proceedings under D.V. Act? 

The Court observed that under Section 12, an aggrieved person or any other person on behalf of the aggrieved person may present an application to the Magistrate to seek relief, however the proviso of the section states that the Domestic Incident Report is to be taken into consideration by the Magistrate when received. Thus, the question before the Court was that in the absence of the Domestic Incident Report, can the Magistrate pass an order if an application is filed by the victim or any other person on her behalf.

The Court held, that the term ‘shall’ in the proviso is to be read in context of the Domestic Incident Report, if the Report is filed by the Protection Officer, then the magistrate has to take it into consideration, if the Report is filed by the aggrieved person by herself or by someone else on her behalf and no Report has been submitted, then the magistrate is not bound to consider any such Report.

The Court observed that, had the intention of the legislature been such, then the provision would have expressed it in clear terms that the Domestic Incident Report has to be taken into consideration in any case. The Court held, that “the plenitude of power under Section 12 of the D.V Act is accordingly interpreted and prerequisite for issuing notice to the respondent on an application filed by the aggrieved person without the assistance of a protection officer or service provider and thus there being an absence of Domestic Incident Report does not arise. If a contrary interpretation is given… It would be very incumbent for every aggrieved person to first approach a Protection Officer and get a Domestic Incident Report prepared and thereafter to approach Magistrate for reliefs under the D V Act, which is not the intention of the Parliament.”

Lead India provides a wide pool of lawyers having expertise in the field of family law cases, domestic law cases, marriage, divorce, child custody, inheritance, etc. For advice as well as assistance in the legal paperwork, can also contact us online or on a phone call.