The Domestic Incident Report or DIR is prescribed form for the magistrate and is filled by the protection officer for the purpose to assist the magistrate.
The DIR Performa is given in FORM-I of the schedule II of the rules. This Performa is a detailed analytical form wherein the details of each of the incident of domestic violence are to be entered with date, time and place and other details as mentioned in the complaint.
In Bhupender singh Mehra vs. State of NCT of Delhi. If summoning orders are passed without consideration of the DIR, remanding case back for consideration of DIR would be proper. But this decision is recently overruled by Supreme Court Judgement as mentioned below.
Practical Problems with the DIR.
The exercise of obtaining an presenting DIR is a clerical job and magistrate can do it himself.
The qualification of protection officers and their training is again a questionmark.
For 3-4 dates they even do not submit the DIR and hence there is a serious issue and unreasonable delay in cases.
In
Prabha Tyagi vs Kamlesh Devi
The Hon’ble Supreme Court has held that the procedure of consideration of DIR before issuance of process is not mandatory. It is mandatory when the service provider/protection officer approaches the magistrate directly.
But if the complainant directly reaches the magistrate then the DIR is not mandatory.
Advocate Nitish Banka is a first-generation lawyer with over a decade of courtroom experience, known for his strategic defense in complex matrimonial and criminal litigation. He is the founder of Lexspeak Legal, a premium litigation practice that focuses on false 498A/DV cases, maintenance disputes, quashing petitions, discharge, counter-cases, and high-stakes matrimonial strategy for Indian and NRI clients.
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