Section 482 CrPC applicable to domestic violence complaints: Punjab and Haryana High Court

In a notable judgment, the Punjab and Haryana High Court has ruled that Section 482 of the Criminal Procedure Code (CrPC) — now Section 528 under the Bharatiya Nagarik Suraksha Sanhita — can apply to complaints under the Protection of Women from Domestic Violence Act, 2005. The Division Bench, comprising Chief Justice Sheel Nagu and Justice Pankaj Jain, clarified that high courts hold the authority to address grievances arising from domestic violence complaints, with a few limited exceptions, ensuring fair judicial process and safeguarding against misuse.

Section 482 grants high courts inherent powers to prevent abuse of legal procedures in criminal cases, intervening when necessary to protect legal rights. This authority, in the context of the Domestic Violence Act, empowers the courts to prevent misuse of the legal process while securing justice.

The judgment came after a Single Bench referred questions to the Division Bench, seeking clarification due to conflicting interpretations on whether proceedings under Section 12 of the DV Act fell within the ambit of Section 482. The court reviewed international agreements like the Vienna Accord of 1994 and the Beijing Declaration of 1995, citing them to affirm the legislative intent behind the 2005 Act as a safeguard of civil rights in domestic relations.

Justice Jain, speaking for the Bench, clarified that while Chapter IV of the DV Act addresses civil rights, the procedure follows the Code of Criminal Procedure under Section 28, ensuring enforcement of orders. He stated, “The Act’s provisions do not explicitly exclude Section 482,” adding that inherent powers cannot be implicitly restricted when statutes lack specific language limiting high court jurisdiction.

Judgment reinforces high court’s authority to prevent its misuse

• The Bench ruled that Section 482 CrPC/Section 528 BNSS applies to complaints under Section 12 of the Domestic Violence Act, except where invoked in ongoing proceedings before a civil or family court.
• The high court reaffirmed its powers under Article 227 of the Constitution, clarifying that these powers remain intact and cannot be restricted by statute, though judicial restraint is advised.
• Section 482 and Article 227 each grant high courts oversight but differ in scope: Section 482 prevents specific abuses in criminal proceedings, while Article 227 offers broader supervision across subordinate courts and tribunals, including in civil matters.
• Understanding this distinction is crucial, as it guides appropriate recourse based on whether the issue involves criminal law or requires broader judicial oversight.