The Unrestricted Door: Why a Woman Can Approach Any Magistrate Court in a District Under the DV Act

Introduction In the aftermath of domestic violence, a victim’s journey toward justice is often as daunting as the abuse itself. Imagine a woman, fleeing her abusive husband, who had her shared household in one town, under the territorial limits of a specific police station. She seeks refuge in another town, within the same district but under the jurisdiction of a different police station. The Code of Criminal Procedure, 1973 (CrPC), traditionally links a Magistrate's jurisdiction to these police station limits, creating a seemingly insurmountable barrier to a victim's access to justice if she moves, because she cannot approach the Magistrate overseeing the second police station. This is the core conundrum. While each police station's limits may define the jurisdiction of a specific Magistrate, the Protection of Women from Domestic Violence Act, 2005 (DV Act), was enacted to overcome such procedural hurdles. This article will explore the nuanced legal debate over the disti...