Penalty for breach of protection order by respondent.

31. Penalty for breach of protection order by respondent.-

(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.

(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused. (3) While framing charges under sub-section (1), the Magistrate may also frame charges under section 498A of theIndian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions. COMMENTS :-THIS SECTION SPECIFICALLY EMPOWERS THE COURT TO FRAME CHARGES OF GRAVE OFFENCES IF IT ATTRACTS - ONLY AT THE TIME OF FRAMING CHARGES OF VIOLATION OF PROTECTION ORDERS BUT NOT AT THE FIRST INSTANCE ITSELF WHEN THE COMPLAINT IS PRESENTED UNDER SEC.12. BUT A POLICE CAN REGISTER A CASE AT THE FIRST INSTANCE ITSELF WHEN A COMPLAINT IS MADE, IF THERE ARE INGREDIENTS.