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Is Survivor's Testimony Enough For Molestation Charge ?


29-Sep-2026 (In Criminal Law)
In absence of witness or digital evidence is testimony of the survivor enough to convict a accused for Molestation (inappropriate touching) ?
Answers (2)

Answer #1
809 votes
Yes. Under Indian law, an accused can be convicted of molestation on the sole testimony of the survivor, with no independent witness or digital evidence, if the court finds that testimony credible, consistent and trustworthy. I'm not a lawyer, so treat this as general legal information rather than advice on a specific case. Legal basis Applicable offences Molestation is generally prosecuted as assault or criminal force to a woman with intent to outrage her modesty: Section 74 of the Bharatiya Nyaya Sanhita (BNS), 2023, earlier Section 354 IPC. Sexual harassment (Section 75 BNS, earlier 354A) may also apply. If the survivor is under 18, the POCSO Act, 2012 applies (e.g., Sections 7-8 for sexual assault). Section 29 raises a statutory presumption against the accused, which shifts the burden onto him to rebut it.
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Advocate Shubham Agarwal

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Answer #2
537 votes
Yes. Under Indian criminal law, the testimony of the survivor/victim can, in appropriate circumstances, be sufficient to sustain a conviction even in the absence of independent witnesses or digital evidence. However, the testimony must be found reliable, credible and trustworthy after careful judicial scrutiny. The Court is not required to insist upon corroboration as an absolute rule. At the same time, a mere allegation does not automatically establish guilt; the prosecution must prove the case beyond reasonable doubt and the Court will assess the consistency and credibility of the evidence in the facts of each case. For incidents occurring after 1 July 2024, the relevant provisions of the Bharatiya Nyaya Sanhita, 2023, including Section 74 where applicable, have to be considered.
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