I understand how overwhelming it is to deal with court proceedings while also coping with violence, separation, children and financial strain. You may be the woman who filed for protection, a parent or sibling supporting her, a neighbour who saw the abuse, or the husband or relative named as respondent. The good news is that proceedings under the Domestic Violence Act are designed to be quicker and less formal than ordinary criminal trials. The honest answer is that you may have to personally testify in a Domestic Violence Act case, especially at the cross-examination stage, but much of the evidence can be given on affidavit, and your appearances can often be kept to a minimum.

Let me first explain the nature of these proceedings. Most cases under the Protection of Women from Domestic Violence Act, 2005 are applications under Section 12 seeking reliefs such as protection orders under Section 18, residence orders under Section 19, monetary relief under Section 20, custody under Section 21 and compensation under Section 22. In Kamatchi v. Lakshmi Narayanan (2022), the Supreme Court held that a Section 12 application is not a criminal complaint, and these proceedings are largely civil in nature even though a magistrate hears them.

The truly criminal part of the Act is Section 31, which punishes breach of a protection order or interim protection order with imprisonment up to one year, or fine up to twenty thousand rupees, or both. Under Section 32(1), this offence is cognizable and non-bailable. DV cases often run alongside criminal cases for cruelty under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS), formerly Section 498A of the Indian Penal Code, 1860. The testimony requirements differ in each.

Let me start with the Section 12 application. The process usually begins with a Domestic Incident Report prepared by the Protection Officer under Section 9, or an application filed directly by the woman. The magistrate issues notice to the respondent under Section 13. Interim and ex parte orders can be passed under Section 23 on the basis of the woman's affidavit, without her needing to testify orally at that stage. Section 12(5) requires the magistrate to endeavour to dispose of the application within sixty days of the first hearing.

Evidence in Section 12 proceedings is often taken on affidavit. Under Section 28(2), the magistrate may lay down his own procedure for disposal of the application. Many courts accept the woman's evidence-in-chief on affidavit and then allow the respondent to cross-examine her. This means that your personal appearance may be needed mainly for cross-examination, not for lengthy oral examination.

The magistrate also has a counselling option. Under Section 14, the magistrate may direct either or both parties to undergo counselling with a service provider. Many cases are resolved through counselling or court-annexed mediation, which is confidential under the Mediation Act, 2023. If the matter is settled, you may never need to testify at all.

Now the respondent's position. The respondent must respond to the notice and participate. Personal appearance is often required at the early stages, but courts frequently permit appearance through counsel on routine dates. In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the Supreme Court held that women relatives can also be respondents. In Satish Chander Ahuja v. Sneha Ahuja (2020), it held that a woman can claim residence in a shared household even if it belongs to in-laws, which often shapes the evidence required.

Now the criminal prosecution under Section 31. When a protection order is breached, the respondent can be prosecuted. This is a criminal trial, and the woman is usually the key witness. Importantly, under Section 32(2) of the Act, the court may conclude that an offence under Section 31(1) has been committed on the sole testimony of the aggrieved person. This makes her testimony central, and her personal appearance is usually required.

In the criminal trial, earlier statements do not replace testimony. A police statement under Section 161 of the Code of Criminal Procedure, 1973 (CrPC), now Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is not substantive evidence and can only be used to contradict under Section 162 CrPC, now Section 181 BNSS. The court decides on sworn testimony tested by cross-examination, because Article 21 guarantees the accused a fair trial.

The law protects women during investigation. Under Section 160 CrPC, now Section 179 BNSS, a woman cannot be required to attend a police station as a witness. Under the proviso to Section 161(3) CrPC, now Section 180(3) BNSS, statements in offences against women should be recorded by a woman police officer. A statement before a magistrate under Section 164 CrPC, now Section 183 BNSS, is recorded by a woman magistrate where practicable.

Other witnesses often include the Protection Officer who prepared the Domestic Incident Report, doctors who treated injuries, neighbours who heard or saw violence, and relatives who received complaints. Messages, call records and CCTV footage are proved with a certificate under Section 65B of the Indian Evidence Act, 1872, now Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), as held mandatory in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020).

You have alternatives to physical attendance. In State of Maharashtra v. Dr. Praful B. Desai (2003), the Supreme Court upheld video conferencing for evidence. Section 254 BNSS permits audio-video testimony, and Section 530 BNSS allows electronic proceedings. Where attendance would cause unreasonable delay or expense, the court may issue a commission under Section 284 CrPC, now Section 319 BNSS. Under Section 27 of the DV Act, the woman can also file where she temporarily resides, which may be closer to her parents' home or a shelter.

If you fear facing the abuser, request protective measures. Section 16 of the DV Act allows proceedings to be held in camera if the circumstances warrant and either party desires. In Sakshi v. Union of India (2004), the Supreme Court approved screens so a witness need not see the accused. The court can forbid indecent, scandalous or insulting questions under Sections 151 and 152 of the Evidence Act, now Sections 155 and 156 BSA.

Summons and notices must be taken seriously. If a witness ignores a summons in the criminal trial, the court may issue warrants under Section 87 CrPC, now Section 90 BNSS, and take action under Section 350 CrPC, now Section 389 BNSS. In a Section 12 case, if the woman repeatedly fails to appear, her application may be dismissed for non-prosecution. If the respondent fails to appear after notice, the magistrate can proceed ex parte.

If you are the respondent in a Section 31 prosecution, you must attend trial, though exemption may be granted under Sections 228 or 355 BNSS. Article 20(3) protects you from compelled self-incrimination, and you may testify in your defence only on written request under Section 353 BNSS. Any further breach of the protection order is a fresh offence.

If you are threatened, protection is available. Threatening a witness is punishable under Section 232 BNS, formerly Section 195A IPC, and criminal intimidation under Section 351 BNS. The Witness Protection Scheme, 2018, approved in Mahender Chawla v. Union of India (2018), and Section 398 BNSS apply. Protection orders under Section 18 of the DV Act can specifically prohibit the respondent from contacting you or your relatives.

When you testify, examination, cross-examination and re-examination follow under Sections 137 and 138 of the Evidence Act, now Sections 142 and 143 BSA. Answer calmly and truthfully. Giving false evidence, including through a false affidavit, is punishable under Sections 227 and 229 BNS, formerly Sections 191 and 193 IPC. If you do not remember exact dates, say so and rely on your records.

Preparation makes a real difference. Keep a dated record of incidents, medical reports, photographs of injuries, police complaints and messages. Keep copies of the Domestic Incident Report and your affidavits. Review your earlier statements with your lawyer. Under Section 159 of the Evidence Act, now Section 162 BSA, you may in some circumstances refresh memory from a contemporaneous record.

If you are dissatisfied with an order, Section 29 of the DV Act allows an appeal to the Court of Session within thirty days. If the magistrate refuses reasonable requests about testimony or protection, you may also approach the High Court under Section 482 CrPC, now Section 528 BNSS, or Article 227 of the Constitution.

Retired Judges Panel: Aapka Legal Advice offers consultations with retired High Court judges, retired District and Sessions Judges and former Family Court judges who advise alongside its criminal lawyers on domestic violence matters.

Their experience helps you understand how magistrates handle affidavit evidence, when interim relief is granted, and how Section 31 prosecutions are proved on the woman's testimony. For personalised support, you can reach out to the DV law team at Aapka Legal Advice confidentially. Experienced Top Criminal Lawyers in India| Aapka Legal Advice can file affidavits, seek interim protection, arrange video testimony and in-camera hearings, prosecute breaches under Section 31 and coordinate related cruelty and stridhan cases.

To sum up, you may have to testify in a Domestic Violence Act case, especially for cross-examination, but in Section 12 proceedings much of the evidence is given on affidavit under Section 28(2), interim orders can be passed under Section 23 without oral testimony, and counselling under Section 14 or mediation may resolve the matter entirely. In a criminal prosecution for breach of a protection order under Section 31, the woman's testimony is central, and under Section 32(2) it can alone support conviction. Video testimony under Section 254 BNSS, in-camera hearings under Section 16 of the DV Act, screens and witness protection under Section 398 BNSS are all available.

Keep your records safe, tell the truth, and plan your appearances with an experienced lawyer. With the right support, and a retired judge's perspective where helpful, the process can be quick and far less stressful. Seek advice early, because the best preparation for anyone asked to testify in a Domestic Violence Act case begins long before the first hearing.