Section 4
Filing Of Complaint
4. Filing of complaint:
(1) A person who has knowledge of an act of domestic violence has been committed, or is being committed, or likely to be committed, may lodge a written or oral complaint setting out the details thereof, with the Police Office, National Women Commission or Local body.
(2) In case a complaint is received pursuant to Sub-section (1), in a written form, it shall be registered immediately and if it is received in an oral form it shall be registered upon setting out details in a written form and putting the signature of the complaint.
(3) In a case the complaint is filed before the National Women Commission, necessary action shall be taken in accordance with Prevailing National Women Commission law.
(4) In a case the complaint is filed before the Police Office, the Police Office shall produce the perpetrator within 24 hours of the complaint, excluding the time of travel and make arrest if he/she refuses to appear for the statement.
(5) In a case the complaint filed in the Local Body, the Local Body shall produce the perpetrator within 24 hours of the complaint, excluding
the time of travel and requesting to arrest to the Police Office if he/she refuses to appear for the statement.
(6) If the Victim has been physically wounded or mentally tortured as a result of the act of domestic violence, he/she shall be immediately sent to the nearest hospital or health post for necessary check-up and an injury report shall be drawn up. If the medical report is caused to be prepared by
the Local Body, a copy of it shall be sent to the Police Station.
(7) If it is found necessary, to provide protection to Victim and his/her dependants from the preliminary investigation on the complaint
pursuant to Sub-section (1) of section 4, it shall be provided with immediately with the assistance of the Police Office.
(8) The police officer or local body upon recording the statements pursuant to Sub-sections (4) or (5) of Section 8 finds reason to believe that
an act of domestic violence has been committed and the Victim so desires, may, within Thirty days from the date of registration of the complaint,
conduct reconciliation between the parties.
(9) The assistance a psychologist, sociologist, social activist and a family member trusted by the Victim and any other witness as per necessity
and availability may be taken while conducting reconciliation pursuant to Sub-section (8). In the course of such reconciliation psychological of and
social effects on the Victim, as well as his/her right to privacy shall be taken into consideration.
(10) The Police Officer or Local Body Officer shall ensure the presence of the perpetrator on the due date during the investigating,
prosecuting and decision making process of the complaint.
(11) If the perpetrator fails to appear pursuant to Sub-sections (4) and (5); or he/she cannot be made present; or the parties fail to settle their
dispute through reconciliation, the Police Officer and Local body, with the consent of the complainant shall, within fifteen days after the expiry of
Thirty days as per Sub-section (8) shall forward to the court, the complaint mentioning all details, along with evidence and other legal documents
incidental thereto.
(12) It shall be the duty of the Police Office to provide assistance pursuant to Sub-sections (5) and (7).
(1) A person who has knowledge of an act of domestic violence has been committed, or is being committed, or likely to be committed, may lodge a written or oral complaint setting out the details thereof, with the Police Office, National Women Commission or Local body.
(2) In case a complaint is received pursuant to Sub-section (1), in a written form, it shall be registered immediately and if it is received in an oral form it shall be registered upon setting out details in a written form and putting the signature of the complaint.
(3) In a case the complaint is filed before the National Women Commission, necessary action shall be taken in accordance with Prevailing National Women Commission law.
(4) In a case the complaint is filed before the Police Office, the Police Office shall produce the perpetrator within 24 hours of the complaint, excluding the time of travel and make arrest if he/she refuses to appear for the statement.
(5) In a case the complaint filed in the Local Body, the Local Body shall produce the perpetrator within 24 hours of the complaint, excluding
the time of travel and requesting to arrest to the Police Office if he/she refuses to appear for the statement.
(6) If the Victim has been physically wounded or mentally tortured as a result of the act of domestic violence, he/she shall be immediately sent to the nearest hospital or health post for necessary check-up and an injury report shall be drawn up. If the medical report is caused to be prepared by
the Local Body, a copy of it shall be sent to the Police Station.
(7) If it is found necessary, to provide protection to Victim and his/her dependants from the preliminary investigation on the complaint
pursuant to Sub-section (1) of section 4, it shall be provided with immediately with the assistance of the Police Office.
(8) The police officer or local body upon recording the statements pursuant to Sub-sections (4) or (5) of Section 8 finds reason to believe that
an act of domestic violence has been committed and the Victim so desires, may, within Thirty days from the date of registration of the complaint,
conduct reconciliation between the parties.
(9) The assistance a psychologist, sociologist, social activist and a family member trusted by the Victim and any other witness as per necessity
and availability may be taken while conducting reconciliation pursuant to Sub-section (8). In the course of such reconciliation psychological of and
social effects on the Victim, as well as his/her right to privacy shall be taken into consideration.
(10) The Police Officer or Local Body Officer shall ensure the presence of the perpetrator on the due date during the investigating,
prosecuting and decision making process of the complaint.
(11) If the perpetrator fails to appear pursuant to Sub-sections (4) and (5); or he/she cannot be made present; or the parties fail to settle their
dispute through reconciliation, the Police Officer and Local body, with the consent of the complainant shall, within fifteen days after the expiry of
Thirty days as per Sub-section (8) shall forward to the court, the complaint mentioning all details, along with evidence and other legal documents
incidental thereto.
(12) It shall be the duty of the Police Office to provide assistance pursuant to Sub-sections (5) and (7).