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Jul 263 min read

What Evidence Is Required To Prove Domestic Violence ?

Domestic Violence Refers To The Crimes Which Could Be Witnessed In The Family Or A Relationship. As The Term 'Domestic’ Implies, The Violence In These Crimes Often Takes Place Within The Premises Of Home Or In Private Space Among The Family Relations Or The Couple. As Crime Of Domestic Violence Takes Place Within The Confines Of The House Of The Family, People Outside The Family May Not Have Witnessed The Incidents Which Take Place Within The Premises. Hence, Sometimes The Law Could Also Be Misused By The Female Member Or In Other Situations, The Victim May Not Even Have Proper Witnesses With Her. 

Domestic Violence- As Has Been Provided Under Section 3 Of The Protection Of Women From Domestic Violence Act, 2005, Domestic Violence Can Also Be Defined As-


  • An Act, Omission Or Commission Or The Conduct Of The Respondents As Well, Which- 

  • Has Harmed Or Injured The Health, Safety, Life, Limb Or Well-Being, Either  Mental Or Physical, Of The Victim Or May Tend To Do So

  • Will Include Causing Some Kind Of Physical Abuse, Sexual Abuse, Verbal Or Emotional Abuse, Economic Abuse By The Respondant

  • Harming, Harassing, Injuring Or Even Endangering The Aggrieved Person In Order To Coerce Her Into Satisfying The Unlawful Demands For Dowry Or For Some Other Property Or Some Valuable Security.

  • All Above-Mentioned Acts Committed Which Could Result In Threatening The Victim Or Any Other Person Related To Her


The Charges Of Domestic Violence- The Charges Of Domestic Violence Filed By The Wife Can Be Proved, If The Wife Can Provide Evidence In The Form Of A Police Complaint Which Has Been Filed To Support The Instances Of Violence Or Physical Assault, Or Any Medical Report So As To Prove The Same. For Further Legal Opinions In Case Of Domestic Violence, You Should Seek Legal Advice From A Domestic Violence Lawyer In Delhi.


Evidences And Burden Of Proof Of Domestic Violence-


  • The Responsibility Of Proving Through Facts Or Evidence In The Court Of Law Is Called The Burden Of Proof. In A Domestic Violence Case, The Onus/ Burden Of Proof Shall Lie On The Person Making Allegations, Hence The Woman Claiming To Have Been Harassed Would Have To Prove The Commission Of Domestic Violence Against Her In The Court Of Law.

  • Hence, When The Complainant Alleged That Domestic Violence Has Been Committed Against Her, She Would Have To Produce Proper Evidence For The Same. 

  •  After The Complainant Produced Primary Onus Of Proof, The Burden Of Proof To Prove Others Would Shift To The Defendant.

  • The Petitioner Will Be Provided Relief In Case Of Domestic Violence Only When She Has Proved Herself To Be An Aggrieved Person As Has Been Provided Under Section 2(A) Of The Act. 

  • Mere Allegations, That Are Not Specific Or Are Vague, Will Not Be Accepted As Proof Of Domestic Violence. 


Defences In Case Of  Domestic Violence- 


  • In Many Situations, The Statute Of Domestic Violence Would Apply To Certain Relationships Only. For Instance, Violence Between A Husband And Wife, Or Two Household Members.

  • The Provisions Of Domestic Violence Will Not Be Applied If The Violence Occurs Between Two Individuals Who Are Mere Acquaintances Or Complete Strangers. 

  • There Have Also Been Instances Where You Can Plead That No Violence Was Ever Committed Or If Any Violence Did Occur, The Perpetrator For The Same Was The Other Party. In Order To Prove Your Point, It Will Be Helpful If You Can Present More Evidence In Support Of Your Statement.

  • Sometimes, The Individual Charged Can Also Raise The Defence That The Act Of Violence So Mentioned Was Committed In Self Defence. 


Conclusion-


  • From The Above Discussion,  It Can Be Inferred That The Burden Of Proof In A Case Of Domestic Violence Shifts With The Development Of The Case. Hence, Both Parties Would Have To Submit Sufficient Evidence To Prove Themselves As Innocent Or Not Guilty.

  • In Case Of A Victim, Sufficient Evidence Will Have To Be Submitted So As To Support The Allegations Of Domestic Violence As Mere Facts Or Vague Statements Could Not Be Taken As A Proof Of Domestic Violence. Hence, Before Filing A Complaint Or Taking Some Legal Action Against The Complainant, It Is Necessary To Understand The Legal Provisions Involved With A Domestic Violence Case. Thus, You Must Seek Legal Guidance From An Experienced Divorce Lawyer In Gurgaon.

  • Similarly, In Case You Have Been Charged With A Complaint Of Domestic Violence, You Must Immediately Seek Proper Legal Advice From A Divorce Lawyer In Mumbai.

  • Lead India Offers You A Team Of Experienced Family Law Advocates Dealing With The Cases Related To Divorce, Maintenance, Domestic Violence And So On. Hence, If You Seek Legal Advice Or Talk To A Lawyer For The Same, You May Contact Us. 


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

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