Conjoint reading of Section 44 of the Indian Penal Code and
Section 3 of the Domestic Violence Act portrays the nature of injuries for initiation of proceedings under the Domestic Violence Act. Undoubtedly, all such bodily injuries are serious in nature and affecting the fundamental rights of women. Thus, initiation of proceedings under the DomesticViolence Act with reference to the bodily injuries contemplated under the provisions of the Act, are Criminal acts and therefore, the Domestic Violence proceedings are criminal in nature and to be tried by the competent Judicial Magistrate. The word “injury” is defined in Section 44 of the Indian Penal Code as the word “injury” denotes 'any harm whatsoever illegally caused to any person, in body, mind, reputation or property'. {Para 57}
58. Thus, the injuries enumerated under the provisions of the
Domestic Violence Act are bodily injuries, which all are offences as contemplated under the Penal laws. Thus, all such offences / bodily injuries as contemplated under the Domestic Violence Act are against the society at large and therefore, the proceedings are criminal proceedings and the competent criminal Court of Law is empowered to try those cases. Section 28 of the Domestic Violence Act states that the proceedings are to be regulated under the Criminal Procedure Code. Thus, such criminal
proceedings instituted under the Domestic Violence Act cannot be converted as Civil proceedings nor construed as proceedings of civil nature, so as to transfer such criminal proceedings before the Civil Court or Family Court by exercising the supervisory powers under Article 227 of the Constitution of India.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Tr.C.M.P SR No.15785 of 2021
in
D.V.C.No.43 of 2019
P.Arun Prakash Vs S.Sudhamary
CORAM
MR. JUSTICE S.M.SUBRAMANIAM
DATED : 01-04-2021
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