Law4u - Made in India

What are the penalties for violating protection orders?

16-Aug-2025
Domestic Violence

Answer By law4u team

Under the Bharatiya Nyaya Sanhita, 2023 (BNS), violating a protection order issued by a court — such as in cases of domestic violence, harassment, or other restraining directions — is treated as a criminal offence. If a person knowingly disobeys such an order, the penalty generally includes: Imprisonment: Up to 6 months Fine: Up to ₹10,000 Or both imprisonment and fine If the violation also involves committing another offence (for example, assault or stalking), then punishment for that offence will be in addition to the penalty for violating the protection order. Also, under BNSS provisions, police can arrest without warrant in such cases if the breach falls under cognizable and non-bailable categories.

Answer By Anik

Dear Client, Violation of a protection order is a very serious issue which may result in large legal penalties. In fact the specific penalties for going against the terms of the order are to some degree at the discretion of the state’s laws and also what law was violated. In India the main laws which deal with violation of protection orders are that laid out in the Protection of Women from Domestic Violence Act, 2005 (PWDVA). In section 31 of the PWDVA:. It is a criminal offense: A violation of a protection order or of an interim protection order by the respondent is a crime under this Act. Punishment: The penalty is a term of imprisonment up to one year, also a fine up to twenty thousand rupees, or both. Jurisdiction: The issue is that which magistrate will try the case -- we do what we can to have it be the same as the one which issued the protection order. Additional Charges: If it is brought to light that other offenses as defined in the Indian Penal Code or the Dowry Prohibition Act have been committed in a case which comes to the Magistrate's notice then also he may frame charges under these laws (e.g. Section 498A of the IPC for cruelty). Key Points to Note: Main Points to Note:. Arrestable Offense: The breaking of a protection order is a recognized and non-bailable crime. That which the police may arrest the violator without a warrant. Purpose of the Penalties: The courts have put in place these penalties for the protection of the aggrieved party. We see great severity in the punishment which is a reflection of the legal system’s stance against the breaking of court orders which in turn is a form of violence and harassment. Reporting the Violation: If a protection order is broken the affected party should right away report to the police and present them with a copy of the order which in turn sets in motion the enforcement process which may result in arrest and prosecution of the violator. I hope that this helps you out with your issues, also do not hesitate to ask more. Thank you!

Answer By S Srinivasulu

Penalties for Violating Protection Orders 1. Section 31 of DV Act Any breach of a Protection Order (or interim protection order) by the respondent (husband or in-laws) is a cognizable and non-bailable offence. Punishment: Imprisonment up to 1 year, or Fine up to ₹20,000, or Both.

Domestic Violence Verified Advocates

Get expert legal advice instantly.

Advocate Abhijit Biswas

Advocate Abhijit Biswas

Anticipatory Bail, Cheque Bounce, Child Custody, Criminal, Divorce, Domestic Violence, Family, R.T.I, Customs & Central Excise

Get Advice
Advocate Debon Dey

Advocate Debon Dey

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, High Court, R.T.I, Wills Trusts, Revenue

Get Advice
Advocate Shyam Kumar Yadav

Advocate Shyam Kumar Yadav

Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, RERA, Succession Certificate, Tax, Trademark & Copyright, Revenue

Get Advice
Advocate Mohamed Dhurabudeen

Advocate Mohamed Dhurabudeen

Breach of Contract, Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Immigration, International Law, Landlord & Tenant, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, NCLT, Property, Revenue, Wills Trusts, Succession Certificate

Get Advice
Advocate Sundar Singh Tomar

Advocate Sundar Singh Tomar

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Kaustav Gupta

Advocate Kaustav Gupta

Anticipatory Bail, Cheque Bounce, Breach of Contract, Child Custody, Civil, Court Marriage, Cyber Crime, Criminal, Divorce, Documentation, Domestic Violence, Family, Insurance, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, R.T.I, Recovery, Wills Trusts

Get Advice
Advocate Pardeep Kumar Pateyar

Advocate Pardeep Kumar Pateyar

Armed Forces Tribunal, Banking & Finance, Cheque Bounce, Civil, Court Marriage, Criminal, Documentation, Domestic Violence, Family, Immigration, Insurance, International Law, Labour & Service, Media and Entertainment, Motor Accident, Patent, Property, R.T.I, Recovery, Divorce, Cyber Crime, Consumer Court, High Court, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Manisha Dalave

Advocate Manisha Dalave

Anticipatory Bail, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Succession Certificate, Wills Trusts

Get Advice
Advocate Ritesh Ranjan

Advocate Ritesh Ranjan

Anticipatory Bail, Cheque Bounce, Divorce, Domestic Violence, Landlord & Tenant, Property, Succession Certificate, Court Marriage, Wills Trusts, Family, Civil

Get Advice
Advocate Atul Kumar Shukla

Advocate Atul Kumar Shukla

Banking & Finance, Breach of Contract, Child Custody, Family, Divorce, Cyber Crime, Customs & Central Excise, Consumer Court, Cheque Bounce, Court Marriage, Criminal, GST, Muslim Law, R.T.I, Property, Motor Accident, Media and Entertainment, Labour & Service, Immigration, Domestic Violence, Insurance, International Law, High Court, Documentation, Recovery, Trademark & Copyright, Wills Trusts, Tax, Patent, RERA, NCLT, Medical Negligence, Arbitration, Anticipatory Bail, Armed Forces Tribunal, Startup, Revenue, Corporate, Civil, Bankruptcy & Insolvency, Landlord & Tenant

Get Advice

Domestic Violence Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.