Answer By law4u team
Yes, under Indian law, a domestic violence case can be filed even without witnesses. Under the Protection of Women from Domestic Violence Act, 2005, a woman can file a complaint before the Magistrate seeking protection orders, residence orders, maintenance, compensation, and other reliefs. There is no requirement in law that a witness must be present at the time of filing the case. Domestic violence generally takes place within the home, so independent witnesses are often not available. Courts in India recognize this reality. The statement of the aggrieved woman alone can be sufficient if the court finds her testimony credible and consistent. In addition to her statement, the case may be supported by medical reports, photographs of injuries, messages, emails, call recordings, bank records showing economic abuse, or the report of a Protection Officer. In proceedings under the Domestic Violence Act, the standard of proof is based on preponderance of probabilities, which is lower than the standard required in criminal trials. Therefore, the absence of witnesses does not prevent a domestic violence case from being filed or decided.
