The court established the permissibility of giving evidence on affidavit in proceedings under the Protection of Women from Domestic Violence Act, 2005, and emphasized the objective of reducing trial time in such cases.

The revision petitioner herein is the respondent in proceedings in M.C.No.11 of 2008, on the file of the Judicial Magistrate-I, Panruti, and the respondent herein filed an application before the learned Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking certain reliefs.

2. In the proceedings, the respondent herein to examine herself as P.W.1 by way of giving evidence, filed a proof of affidavit. At that stage, the petitioner herein filed a memo of objection stating that there is no provision either in the Criminal Procedure Code or in the Indian Evidence Act to file an affidavit as a substitute for the oral evidence. The objection memo was dismissed by the learned Judicial Magistrate-I, Panruti. Aggrieved by the said order, the petitioner herein has preferred this criminal revision petition.

3. The learned counsel appearing for the petitioner submitted that as per Section 60 of the Indian Evidence Act, the oral evidence must be direct and there is no specific provision like the Negotiable Instruments Act to let in evidence by way of filing proof of affidavit. The learned counsel for the petitioner further submitted that the evidence includes Chief examination and Cross examination. The Chief examination should be by way of oral evidence and, if any deviation from the said procedure, a prejudice would be caused to the parties.

4. Per contra, the learned counsel appearing for the respondent submitted that the remedy is provided under the Protection of Women from Domestic Violence Act, is only a civil remedy, but at the same time, the Act provides for speedy disposal and as per Section 12(5) of the Protection of Women from Domestic Violence Act, the application should be disposed of within a period of sixty days from the date of its first hearing.

5. The learned counsel for the respondent further submitted that as per Section 28 of the Protection of Women from Domestic Violence Act, 2005, the normal procedure to be adopted is governed by the provisions of Code of Criminal Procedure, but under Section 28(2) of the Act, the Court can lay down its own procedure for disposal of an application under Section 12 or under sub-section (2) Section 23 of the Act. The right to give evidence on affidavit had been introduced even in the Code of Civil Procedure in the year 2002 itself.

6. This Court considered the submissions made by both parties and perused the records. The procedure to be adopted as per Section 28 of the said Act is as follows:

"28. Procedure: (1) Save as otherwise provided in this Act, all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under Section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

(2) Nothing in sub-section (1) shall prevent the Court from laying down its own procedure for disposal of an application under Section 12 or under sub-section (2) of Section 23."

This clause provides that proceedings under the proposed legislation relating to application and orders for reliefs and offence of breach of protection order or interim protection order by the respondent shall be governed by the provisions of the Code of Criminal Procedure, 1973. Sub-clause (2) envisages that the Court may lay down its own procedure for disposal of applications for any relief or for ex parte order."

7. It is true that as per Section 60 of the Indian Evidence Act, the oral evidence has to be let in directly in all cases. The right to give evidence on affidavit was introduced in the Code of Civil Procedure also and Order XVIII Rule 4 of the Code reads as follows:

" [4. Recording of evidence

(1) In every case, the examination-in-chief of a witness shall be on affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence. Provided that where documents are filed and the parties rely upon the documents, the proof and admissibility of such documents which are filed along with aff