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.

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!

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.