Tuesday, November 2, 2010

Cognizance and proof.

32. Cognizance and proof.-

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under sub-section (1) of section 31 shall be cognizable and non-bailable.

(2) Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of section 31 has been committed by the accused. COMMENTS :-THE VIOLATION OF PROTECTION ORDER CAN BE PROVED BY SOLE TESTIMONY OF THE COMPLAINANT AND NO MORE EVIDENCE IS REQUIRED. AND FURTHER IT IS NON-BAILABLE.