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Section 32: Cognizance and proof

Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005
Section 31 All 37 Sections of Domestic Violence Act, 2005 Section 33

Legal Commentary & Landmark Judgments: Section 32

Section 32 regulates cognizance and proof of an offence under Section 31, providing that the sole testimony of the aggrieved person is sufficient for framing charges.

  • Cognizable & Non-Bailable Offence: Breach of a protection order under Section 31 is statutorily declared to be a cognizable and non-bailable offence.
  • Framing Charges on Sole Testimony: Upon the sole testimony of the aggrieved person, the court may conclude that an offence under Section 31(1) has been committed by the accused.
  • Evidentiary Presumption: Shifts the trial burden onto the respondent to disprove the violation of the judicial protection order.

Section 32 ensures effective prosecution of protection order violations by establishing that the victim's sole testimony is sufficient for the Magistrate to frame charges.

Key Landmark Precedents:
  • Suresh v. State of Haryana (2014): Affirmed that the offence under Section 31 is statutorily declared cognizable and non-bailable to ensure immediate police detention upon breach.
  • Rajnesh v. Neha (2020) 10 SCC 703: Discussed the evidentiary weight of an aggrieved woman's deposition in establishing continuing domestic harassment.
Legal Commentary:

Section 32 eliminates common evidentiary hurdles. Because domestic defiance typically occurs behind closed doors or through private harassment, sub-section (2) empowers the Magistrate to frame charges and infer guilt based upon the credible, uncorroborated testimony of the victim.

Section 31 All 37 Sections of Domestic Violence Act, 2005 Section 33