DIR in DV case

 What is DIR - Domestic Incident Report?

Wife alleges in DV that husband and family beats me, harasses me etc. Sometimes she files the case after 1, 2 or 3 years after staying away from the husband. In such case, wife has burden to prove the delay. Also, wife tries to rope in distant relatives of the husband which is incorrect as wife should have domestic relationship with all the respondents. Without any evidence, without any medical proof, based on only imaginary allegations of the wife, DV case is often registered against the husband. To solve this problem, DIR provision exists in the law. DIR needs to be prepared by the Protection officer. DIR needs to presented before the magistrate before the start of the case. According to the law, magistrate need to first obtain the DIR report and only then, based on this report, the magistrate can pass any order. 

What is seen is that in most of the cases, PO do not perform any investigation. PO does not even talk to husband or any other accused or neighbors. Also, PO does not even go to the 'crime site' i.e. the shared household where DV is allegedly occurred. Overall, there's no investigation, no statements are taken from any accused and based on mere statements of the wife, the DIR report is prepared and submitted in the court. That's the practice in India.

Sec 1 of DV says that magistrate needs to consider the DIR report before passing any order. So, if DIR report is false and based on mere statements of a runaway, disgruntled wife who might have even stolen few things from the household while running away, so, any orders passed by the magistrate under consideration of this report are also liable to be false. That's why DIR report is very important and it should bring out the facts and evidences which can be in favor of both the parties and should not always be one-sided. The role of PO is very important; it is analogous to the role of IO in the case of 498A. So, PO should at the very least take the statements of all accused, should go to the crime scene and re-create the events so as to check if the alleged crime actually occurred or not, so that the final report has the truth which can be represented before the magistrate. This will also avoid unnecessary harassment of innocent husband and his family. PO must understand that DIR is not a photocopy of wife's petition. 

In Santosh Bakshi vs State of Pb & Ors, 2014, SC said that all papers used to prepare DIR report need to be verified and proper investigation is required, only then DIR should be presented before the magistrate. So, you should bring it to the notice of the court and challenge it if no investigation done by PO, no verification of documents attached by wife as evidence done by PO while preparing DIR report. 

 "The complaint, if made, by any woman alleging offence under the Protection of Women from Domestic Violence Act, 2005 committed by any member of the family, the matter is to be looked upon seriously. The Police without proper verification and investigation cannot submit a report that no case is made out. The Investigating Agency is required to make proper enquiry not only from the members of the family but also from neighbours, friends and others. After such enquiry, the Investigating Agency may form a definite opinion and file report but it is for the Court to decide finally whether to take cognizance for any offence under any of the provisions of the Act."

Although I need to search more, but it seems even SC is quick to make judgments when protection officers try to favor respondents while if PO only submits one sided report in favor of wife, everyone accepts it quietly. It's not fair to blame PO in such biased, women-centric, misandrist/male-hating society.

Other judgments

Importance of DIR 

Bhupender singh Mehra vs. State of NCT of Delhi.

https://www.legitquest.com/case/meera-others-v-pooja-vishal-bathija-others/89F7D

DV can't be dismissed if dir not present