Section 482 of CrPC applicable to domestic violence complaints: High Court

In a significant judgment on the applicability of Section 482 of the CrPC to complaints under the provisions of the Protection of Women from Domestic Violence Act, 2005, a Division Bench of the Punjab and Haryana High Court has clarified that the remedy is available to address grievances arising from domestic violence complaints, with limited exceptions.

Section 482 – now referred to as Section 528 under Bharatiya Nagarik Suraksha Sanhita – provides the high court with inherent powers to prevent abuse of the court process specifically in criminal cases, allowing intervention when legal rights are threatened by misuse of criminal procedures. In context of DV Act, it ensures that the high courts can exercise inherent powers to prevent abuse of process and secure justice.

The ruling by Chief Justice Sheel Nagu and Justice Pankaj Jain came as Bench addressed whether proceedings under Section 12 fell within the scope of Section 482, despite some judicial interpretations suggesting otherwise.

The matter was placed before the Division Bench after a Single Bench raised questions due to conflicting interpretations, referring these to the larger Bench for clarity.

The court referred to the Vienna Accord of 1994 and Beijing Declaration and the Platform for Action of 1995. It also referred to the hierarchical structure of the Act, the nature of civil rights under its chapter IV, and statutory definitions that placed domestic violence proceedings under the purview of the Code of Criminal Procedure.

Referring to international agreements such as the Vienna Accord, the Bench asserted the legislative intent in enacting the 2005 Act was to safeguard civil rights in domestic relations. The court held chapter IV dealt with civil rights, but the process prescribed under Section 28 was that of criminal procedure code. The objective behind the same was to make the compliance of orders imperative. Nature of rights did not necessarily determine the remedy.

Speaking for the Bench, Justice Jain concluded that the Act’s provisions did not explicitly oust Section 482. The inherent powers could not be implicitly negated, especially in statutes with no exclusionary language limiting the high court jurisdiction.

At a glance

• The Bench ruled Section 482 CrPC/Section 528 BNSS applies to complaints under Section 12 of the Domestic Violence Act, except where such provisions are invoked in ongoing proceedings before a civil or family court.
• The high court reaffirmed its powers under Article 227 of the Constitution of India, clarifying that these powers cannot be curtailed by any statute or judicial order, though they must be exercised with judicial restraint.
• Section 482 and Article 227 both empower high courts to supervise and correct judicial proceedings, but cater to different needs. Section 482 provides the high court with inherent powers to prevent abuse of the court process.
• Article 227 offers broader supervisory powers across all subordinate courts and tribunals, including civil matters, allowing the high court to ensure adherence to judicial norms and jurisdiction.
• This distinction matters. Section 482 is used to correct specific injustices in criminal proceedings, while Article 227’s oversight role is more expansive, addressing procedural integrity across the judiciary. Understanding the differences helps in choosing the right legal recourse depending on whether the issue arises within criminal law or requires broader supervisory correction.