I want to file a complaint under section 504 of IPC against a person( member of our family) who insulted me verbally at a family gathering. These insults are happening over a period of time on us(me and my parents). We did never indulge in verbal or any type of abuse in such occasions. I want this to stop... Abuses by him is resulting in a lot of mental trauma to us. Can law punish him? What evidence should I produce? If law cant punish him can it allow me to obtain a declaration from him that my allegations are wrong and any such if happened and proved at a later date,he would be punished.
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Hi,
Yes if any person intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence be punished
with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
you can file defamation case against him if you have recorded his talks.
1) you can file Police complaint under section 504 of IPC against accused
2) if Police refuse to lodge FIR file private complaint before magistrate under section 156(3) of IPC to direct Police to investigate and submit report
3) if you are able to prove allegations accused would be punished
Firstly, you need to file written complian to the police station.
Secondly, if they don’t file FIR then write a complain to the DCP.
Thirdly, if they also don’t do that then file a complain case under section 156(3) before the mazistrate to get the FiR register.
Fourthly, then FIR shall be filed after that for sure.
Fifthly, let them harass them a bit in the investigation and you in the mean time try to grab some other family members also to give evidence in support of you. Though it would be very difficult.
File a complaint if it happened in public place. Evidence may be oral or documentary. Declaration will not help.
1) file a FIR against the member who abuse you and while filing FIR do try to get witnesses as well, who had seen and hear all abuse.
2) once you registered with FIR, further the court procedure takes place.
3) Please do keep in touch with me so can advise legally further.
Though there are lot of legal provisions to deal with the situation it is not advisable keeping his family relation with you in mind.
On the contrary i would advise you to keep a safe distance and not to interact with him ever in future.
You can also send message through other relatives of taking legal recourse if he in future indulges in such unlawful act.
Such threat of legal action should work.
1. You have to examine as witness a person(s) who can testify to the accuracy of your allegations. It has to be proved that the insults were made and heard by someone as a result of which you suffered a loss in your estimation in the eyes of others.
2. Why would that man write any declaration in your favour?
Hello,
Yes you can file a criminal complaint against the said person for criminal intimidation. Write the facts in the piece of paper and give it to the nearest police station, the police will then lodge an FIR.
Since you are saying that you were insulted at the public gathering therefore all those people present there can act as a witness to the said report. Go ahead and file the same at the earliest, delay in lodging FIR is not considered a good thing before the court of law.
Regards
Dear Sir,
You seems to be very sentimental. The following inormtions and links helps you to file complaint and get success.
The Nagpur bench of the Bombay High Court has held that abusing or using filthy language to annoy someone can be an offence, even if it does not take place in a public place.
http://www.hindustantimes.com/mumbai/verbal-abuse-need-not-be-in-public-place-to-attract-punishment/story-y0zycQr9cTDpBrtDUN03bM.html
IPC 504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
IPC 506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Remember both are Non-cognizable so police/court may or may not take the cognizance & it depends upon the situation & moreover the proof or evidences you provide. An un-tampered electronic recording on recording device is a valid evidence which easy to capture as many of us have mobile phones that can record. Without a proper evidence it is really difficult to prove.
Are you a women in INDIA? You have additional Women Card to play
IPC 509 Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
https://www.quora.com/What-are-the-laws-against-foul-language-and-indecent-verbal-abuse-in-India
Without any further delay, approach the Police and get a FIR lodged against this family member.
If your FIR is not lodged, write to the concerned SSP and SP.
Yes law will punish him if you succeed to prove your allegations with the help of evidences and witnesses.
If you feel intimidated then yo can very well seek relief under the provisions of law, you can lodge a criminal complaint agaisnt the person who aggrieved you.
The other affected people shall be your witness besides any other material you may rely upon to prove the offence.
Let the police investigate and register the FIR after which the court will decide the punishment if the offence is cognizable.
You have to file a complaint in court as it is non cognisable offence and only court can take cognisance of the same. You have to lead evidence of witnesses in trial, if the offence is proved then the person will be convicted.
Hi, you can file the complaint against the person who indulged in abusing and putting you down. The same can be done in the nearest police station. The verbal submissions and statements of people present there can be the sufficient proof in this respect.
