• Someone has beaten me

My name is Mayank jain the guy name joshwa has beaten me. What legal action I can take.
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 10 minutes.

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19 Answers

Hi, you can register a FIR under section 323 and 506 for causing hurt and threatning

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Hello,

Go ahead and file an FIR and get your medical done, so that the injuries are reported in the medical report.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file a FIR with the police station for beating and hurt based upon injury section will be applied get a medical certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

File a police against him.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Where have you mentioned in the previous query that this happened one year back, advise was given to you thinking that it is a recent incident. Anyways, since it has been one year, you can not lodge a complaint now because of the delay. However, if you have some medical evidence with you then you may go and file a complaint in the police station.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir thank you for you kind ratings, if he has beaten you a year ago then the limitation act will apply as under the CRPC as for beating the punishment is of one year so the limitation shall apply and you cannot take any action.

For beating the section applicable is 323 IPC Section 323 in The Indian Penal Code

323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Section 468 – Bar to taking cognizance after lapse of the period of limitation

Except as otherwise provided elsewhere in this Code, no Court, shall take cognizance of an offence of the category specified in Sub-Section (2), after the expiry of the period of limitation.

The period of limitation shall be-

six months, if the offence is punishable with fine only;

one year, if the offence is punishable with imprisonment for a term not exceeding one year;

three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

If you have any medical evidence then you can file FIR against him.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Approach the Police and narrate your ordeal to them and request them to lodge a FIR. It is better you take a written compliant to them wherein you should narrate all that happened with you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

File a private complaint incase the Police refuses to lodge a FIR>

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If you have been assaulted do you have any medical certificate as to nature of injuries

File police complaint against said person

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If you have been assaulted one year back what were you doin for one year

The delay in filing complaint has to be explained

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Simply go to the police and file FIR under section 323 against those who have beaten you

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) You can make complaint against him in the nearest police station and ask for further help from them.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear client:

For beating the section applicable is 323 IPC Section 323 in The Indian Penal Code

323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Section 468 – Bar to taking cognizance after lapse of the period of limitation

Except as otherwise provided elsewhere in this Code, no Court, shall take cognizance of an offence of the category specified in Sub-Section (2), after the expiry of the period of limitation.

The period of limitation shall be-

six months, if the offence is punishable with fine only;

one year, if the offence is punishable with imprisonment for a term not exceeding one year;

three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

You can only file a criminal complaint if you are the actual victim of a crime. You must file the complaint within three months of the incident.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Sir,

It depends upon grievousness of injury you sustain. You must also explain the delay for not lodging complaint. Then you must support your injuries if grievous in nature by medical records. If you can satisfy all above then you can file complaint before police, if refused then approach Magistrate under section 200 Cr.P.C. Section 468 deals with limitation to lodge complaint.

=========================

Section 468 in The Code Of Criminal Procedure, 1973

468. Bar to taking cognizance after lapse of the period of limitation.

(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) six months, if the offence is punishable with fine only

1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974 ), s. 2 end Sch.

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years.

(3) 1 For the purposes of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Limitation for filing a complaint varies according to nature of offence if you have received simple hurt then you should have lodged complaint immediately. If you received grevious injury you can file at later stage. In your complaint you need to mention cause for delay in lodging complaint with police

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You may lodge a complaint with the local police against the person who assaulted you and request for proper legal action against him.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

But they beaten me 1 years ago but because of no legal help I didn't filed a case

If they have beaten you one year ago, what were you doing so fr, the police may not entertain any complaint in this regard at this belated stage especially when there is no evidence for this incident.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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