• Assault on hurt on women

My mother (aged 65 years, widowed) was slapped and beaten by my uncle in Kerala. She was alone and went to the police station who asked her to get a medical report from Hospital which she did. But yet police did not file FIR and pressurized her to not file. My uncle has political clout and money and he has used to shut the issue. What are the options for us? Under what sections can police file a case? Is it a Bailable offence?
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

1. If police does not register FIR then you can file petition u/s 156(3) crpc where under the court directs the Police to cause necessary investigation on registration of FIR.

2. If still police does not investigate then you can file writ petition agaisnt police inaction.

3.Sections can be 504.506.509,323,326 , 307 IPC etc.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

1) if police is refusing to lodeg FIR file private complaint before magsitrate under section 156(3) to direct policew to inevstigate and submit report

2) Section 354 in The Indian Penal Code

354. Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with impris­onment of either description for a term which may extend to two years, or with fine, or with both.

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

You have two options

1.File a complaint before superintendent of Police.

2.If police If the police does not take the case against the accused then file private complaint before the judicial first class magistrate court .

The police put non bailable section if you have such a specific case in your previous complaint .

Section 307 Attempt to murder, Section 326. Voluntarily causing grievous hurt by dangerous weapons, Section 354 Assault or criminal force to woman with intent to outrage her modesty are the common section in NOn bailable offenses .So prepare the complaint according to such section if you have such evidences in your hand.

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

1. Ask her to send the complaint to the police under copy to the local D.C./S.P. by speed post and collect the track record of delivery of the said complaint.

2. If police refuses to register a FIR and act based on the said complaint, file Writ Petition before the High Court against police inaction praying for justice.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

Your mothe can approach a judicial magistrate court with a petition under section 156(3) cr.p.c. seeking court direction to the police station to initiate proper legal action on the complaint and if necessary to register the FIR and book the accused and remand him.

Take the help of an advocate in the local and file a criminal private complaint with the judicial magistrate court immediately for the offences of criminal intimidation, abusive behavior, assault and outraging the modesty of women.

They are non-bailable.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

Your remedy is to file a complaint case to the magistrate who in exercise of his powers under section 156(3) CRPC can direct police to lodge the FIR. Depending on the nature of assault and injuries alone it can be said whether the offence is bailable or not.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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