The Court said that in criminal cases related to domestic violence, the complaint and charges should be specific as far as possible against each and every accused family member.
On Friday, the Supreme Court ruled that the relatives of a person accused of domestic violence cannot be criminally implicated for not providing support to the victim.
“There is a tendency in family cases where the complainant implicates family members of the accused who do not come to the rescue of complainant and remain as mute spectators. But this cannot constitute a criminal act without there being a specific act attributed to them,” the Court said.
The Bench, consisting of Justice BV Nagarathna and Justice N Kotiswar Singh, stressed that complaints and charges in domestic violence cases should be as specific as possible for each accused family member.
“There may be situations where some of the family members of relatives may turn a blind eye to the violence of victim and may not extend helping hand but it does not mean that they are also perpetrator of domestic violence unless circumstances clearly indicate their involvement and instigation,” it added.
The Court underscored the importance of handling genuine domestic violence cases with the utmost sensitivity. It also acknowledged that, as these offenses occur in private rather than in public, obtaining direct evidence can be difficult.
“What needs to be assessed is that whether such allegations are genuine and specific in criminal law attributable to such members of the family or whether it is merely a spill over or side effect of the emotional,” it added.
The Court was reviewing a petition related to a case filed under Section 498A and 506 of the Indian Penal Code, along with Sections 3 and 4 of the Dowry Prohibition Act, 1961. Earlier, the Telangana High Court had refused to quash the proceedings against the main accused’s maternal aunt and cousin.
