There are several sources of evidence that can be used for cases of domestic violence. These can include statements from the victim and/or witnesses, phone videos, legal hotline call recordings, etc. Other sources include injuries to the victim and calls or texts messages between the parties.
Sometimes a victim may complain months after the incident. This might mean that they may not have “evidence” aside from their statements. In such cases, the police will make a report of the incident. But it may not result in an arrest. For an arrest, the police need corroborating evidence of violence.
This does not include the victim later confiding to someone that the incident occurred. Corroborating evidence would include statements from someone who actually witnessed the incident, or medical records showing treatment for injuries sustained as a result of the violence.
Texts messages from the suspect apologising for an assault could also be used to corroborate the incident.
Some examples that can be used to prove domestic violence are:
- Emails, WhatsApp conversations that depict bitter relations or bad treatment from the husband
- Medical certificate proving physical injuries
- Any audio or video recording of the abuse
If a person is able to prove occasions of violence before the Magistrate of Domestic Abuse, the incident will be enough to make a case of domestic abuse under Sec. 498A.