Recovery Warrant Procedure in the Domestic Violence Act

The Domestic Violence Act, 2005 (DV Act) does not explicitly prescribe a specific procedure for issuing recovery warrants. However, the Act incorporates the Code of Criminal Procedure, 1973 (CrPC) for its procedural aspects. Ritu Kaushal VS Jaswant Kaur - UttarakhandKunapareddy @ Nookala Shanka Balaji VS Kunapareddy Swarna Kumari - Supreme Court

Recovery of Interim Compensation

The DV Act allows for the recovery of interim compensation as if it were a fine under Section 421 of the CrPC. Rakesh Ranjan Shrivastava VS State Of Jharkhand - Supreme Court This means that the court can issue a warrant for the levy of the amount by attachment and sale of the offender''''s movable property. Rakesh Ranjan Shrivastava VS State Of Jharkhand - Supreme CourtK. A. Abbas H. S. A. VS Sabu Joseph - Supreme CourtK. A. ABBAS H. S. A. VS SABU JOSEPH - Uttarakhand Alternatively, the court can issue a warrant to the Collector of the district to realize the amount as arrears of land revenue from the offender''''s movable or immovable property. Rakesh Ranjan Shrivastava VS State Of Jharkhand - Supreme CourtK. A. Abbas H. S. A. VS Sabu Joseph - Supreme CourtK. A. ABBAS H. S. A. VS SABU JOSEPH - Uttarakhand

Recovery of Fines and Compensation

The CrPC provides a general framework for the recovery of fines and compensation. Section 421 outlines the procedure for issuing warrants for the levy of fines, including attachment and sale of property or authorization to the Collector for recovery as arrears of land revenue. K. A. Abbas H. S. A. VS Sabu Joseph - Supreme CourtK. A. ABBAS H. S. A. VS SABU JOSEPH - Uttarakhand Section 431 further clarifies that any money payable by virtue of an order made under the CrPC, including compensation, is recoverable as if it were a fine. K. A. Abbas H. S. A. VS Sabu Joseph - Supreme CourtK. A. ABBAS H. S. A. VS SABU JOSEPH - Uttarakhand

Key Findings and Recommendations

• The DV Act does not have a specific procedure for recovery warrants, but it incorporates the CrPC for procedural matters.
• The recovery of interim compensation under the DV Act is treated as a fine under Section 421 of the CrPC.
• The CrPC provides a general framework for the recovery of fines and compensation, including attachment and sale of property or authorization to the Collector for recovery as arrears of land revenue.
• It is recommended to consult the relevant provisions of the CrPC, particularly Sections 421 and 431, for detailed guidance on the recovery warrant procedure in DV Act cases.