• Need urgent help to stop daily verbal abuse and harassment

Hello! My Sister who stays in Kolkata had lent some money to my aunt staying in Delhi Vasant Kunj Area when my sister asked to return the money back, aunt insisted her son staying in London to call my sister and verbally abuse her, my sis recorded all the conversation. He also threatened to Rape my sister and Kill me!. I am staying with my mom in Delhi itself. After this happened I messaged aunt at around 2 am via WhatsApp, that she should be ashamed of doing this and don't try to threaten us in future. Aunt not knowing my current address brought police to my mausi's house asking for me to arrest me they also searched her house without any prior notice or something. Today I also got a message from her son in London abusing me and my family and family members and threatning to kill me as well. For All this, I have proof and evidence. I don't want the money any more I want this to stop and If possible an apology.

Also for more information, she had several disputes with her neighbour as well.
Asked 7 months ago in Civil Law from delhi, Delhi

In the present case, you should give a written complaint to the police under section 406, 420 and 506 of the Indian Penal Code for the offence of criminal breach of Trust cheating and criminal intimidation against your brother and your aunt.

If police refuse to register FIR, you can send your complaint to the higher officials of police under section 154 3 of the CRPC.

However, if they also feel to get an FIR registered and investigation ordered in your case, you can approach magistrate under section 156 3 of the CRPC.

Also, you can can file a suit for permanent and mandatory injunction along with temporary leaves in order to restrain your aunt and your brother from disturbing your peace in any manner whatsoever in future.

Regards

Siddharth Jain
Advocate, New Delhi
4310 Answers
45 Consultations

5.0 on 5.0

in this case you can register an FIR in the nearest police station. however, if police do not register the FIR then you can write your complaint to the senior police officer. you can also file a complaint under section 200 of CrPC

Mohammed Mujeeb
Advocate, Hyderabad
7710 Answers
3 Consultations

4.5 on 5.0

You should immediately proceed to file a complaint against her with all the evidences that you have.

Mayank Sapre
Advocate, New Delhi
207 Answers

5.0 on 5.0

File case of criminal intimidation under section 506 of IPC against aunt and her son

Ajay Sethi
Advocate, Mumbai
62516 Answers
3810 Consultations

5.0 on 5.0

Murder Threat

Threat to property

Extortion threat (A threat call demanding money which amounts to extortion and noncompliance of which may amount to damage to life and property)

Is one threat call sufficient to seek legal aid?

Yes. You need not wait for someone to threaten you twice or thrice for it to constitute a threat call and then seek legal aid. One call which is threatening in nature and makes you feel unpleasant is enough to allow you to seek help from the law and tackle the situation.

Here are the laws that one can take the assistance of when faced with threat calls:

Receiving threat calls – Reach out to the given numbers

181 – Women Helpline

This helpline number is solely meant for women and is known as the Abhayam helpline. There are female counselors who answer calls made to this helpline. The counselors take down the harasser’s number and forward it to a police constable at the helpline center itself. The police constable tracks down the caller and warns the caller of strict action. If the matter is deemed to be serious, a police complaint may be filed against the harasser as well.

100 – General Helpline Number

Now, this helpline number can be used by men as well as women. If the threatening call requires immediate attention as it has created immense and immediate fear in your mind, you can simply dial 100 which is the general police helpline in the country. Let the police know about the details of the caller and the police will contact the caller and put in efforts to nab him.

Approach the police on receiving a threat call

The police are willing to accept complaints from victims of threat calls. Before you make a complaint to the police, make sure you keep a proof of all the threatening calls. Do not delete the number from your call record. If the threat calls are not continuous but periodic, the victim can lodge a complaint in the ‘general diary’ of the police station having jurisdiction in your local area.

A general diary is very much a valid document and a victim may not worry about its importance with regard to an FIR. A general diary is basically the police station’s record of all wrongs taking place within its jurisdiction and also the action taken by the police. If the threat calls are constant, a victim can lodge an FIR in the police station.

The police officer, on receiving such a complaint, may then either call the harasser and threaten them with severe consequences to stop with the threatening calls. The police may also start an investigation, taking aid from the service provider of the phone number and nab the harasser.

Private police protection

If you are facing an imminent threat to your person and property, you can approach the police for private police protection. Charges need to be paid to the police for availing their protection service in the form of a uniformed security official for hourly shifts. It costs INR 2089 to hire a police sub-inspector for an 8-hour shift and hiring a police guard for an 8-hour shift will cost INR 1139.

How to lodge a complaint against threat calls

Making threatening calls to someone is a criminal offense in our country, and the Indian Penal Code (IPC) deals with this offense effectively through various sections and prescription of punishment.

Section 506 – Criminal Intimidation

Any person charged with this section will face either imprisonment extending up to 2 years or an imposition of fine or both. If the threat over a phone call was of causing grievous hurt, death, destruction to property by fire or committing a scheduled offense under IPC will invite a harsh punishment of imprisonment up to 7 years. The law is gender-neutral, and men can file a complaint against the one harassing them over a phone call as well.

Section 354(D) – Stalking

Come 2013, and criminal law amended itself to the changing times and situations of the country. Prior to 2013, understanding of the offense of stalking was limited to physical stalking, but technology has its own ways and means of imposing itself negatively on people. The Criminal Law Amendment, 2013 inserted Section 354 (D) to IPC, making “electronic” stalking offense. This implies that if any person tries to contact a woman, to foster personal communication with her, without her willingness and desire, he commits stalking. A person charged under this section may be imprisoned for a term extending up to three years, and payment of a fine is also imposed.

Section 509 – Act hurting the modesty of a woman

If you are a woman and your harasser has called you and has uttered words which insult your modesty, then you can file a complaint to the police under Section 509 of the IPC, and your harasser will face a punishment of either imprisonment amounting to a year or imposition of fine. Barkha Dutt had filed an FIR to the police on receiving death and rape threats after the JNU incident. The police tracked down the harasser and charged him under this section.

Ganesh Kadam
Advocate, Pune
6771 Answers
53 Consultations

4.9 on 5.0

Approach the Police with all the evidence you have to substantiate that you have received life threats from them and lodge a FIR.

Draft a detailed written complaint beforehand and take the same with you when you visist the Police Station. Demand strict action against your aunt and her son/

Vibhanshu Srivastava
Advocate, New Delhi
8276 Answers
121 Consultations

5.0 on 5.0

1. Ask your sister who lent money to your aunt to lodge a complaint of cheating and criminal intimidation.

2. the amount of proof you have is enough to register a FIR under section 420, 509 IPC.

3. Even you can file a civil suit seeking recovery of money.

4. DO not keep silence and explore legal recourse. Else you will be shown as accused person.

Devajyoti Barman
Advocate, Kolkata
16838 Answers
238 Consultations

5.0 on 5.0

Just file fir aginst her and her son for threatening you of killing alongwith the mental harassment. Show police evidences you have.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

Sir,

If you get frightened by small threatening, it may happen again in future. You are advised to launch a proper police complaint stating all the facts .Also file a suit for recovery of money.If any of neibours agrees to become witnesses of the character of the aunt you can very well get imprisonment order against her.Keep all the evidences intact .You may need them in future. If someone says he is going to rape someone , he shouldn't be left scot free. Wherever he lives or whatever position he holds , he cannot use words . Society has to cleaned from such odd elements.

Anand Shukla
Advocate, Delhi
407 Answers
10 Consultations

4.9 on 5.0

Firstly, by which mode did your sister pay your aunt, a proper criminal case for abusing and cheating with malafide intention case with rape and threat to kill can be framed and both your aunt and brother can be arrested. It needs proper planning to trap. You can ask your sister to connect for planning the trap, withput trap no apology or anything will come back to you

Aveek Bose
Advocate, Kolkata
868 Answers
4 Consultations

4.7 on 5.0

You should lodge an FIR immediately in the nearest police station. The FIR should be drafted with the help of a lawyer, if police refuses to lodge an FIR make an application to the magistrate u/s 156(3)

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Dear Client,

Without delay, ask your sister to file FIR.

You peoples do not need to bother much and tell your sister to complain to commissioner, as no police can enter in her home without warrant.

This was absolute abuse of process, whoever polcie accompanied will be either suspended or warned.

Yogendra Singh Rajawat
Advocate, Jaipur
10455 Answers
9 Consultations

4.6 on 5.0

See first of all you and your sister register a police complaint against the aunts son and aunt for verbal abuse , intimidation, cheating and breach of trust.

Further your sister should file a recovery suit with the civil court for the recovery of friendly loan given to the aunt.

Shubham Jhajharia
Advocate, Ahmedabad
16165 Answers
66 Consultations

5.0 on 5.0

Please file immediately a FIR in the concerned Thana(Police Station), don't waste time, narrating all the facts. For recovery of money if you have any money transfer evidence with you then you can file recovery suit before the Civil Court.

Koshal Kumar Vatsa
Advocate, Gurgaon
1431 Answers
1 Consultation

5.0 on 5.0

You can take immediately legal action, make complaint or FIR in nearest police station with all evidence of harassment ,verbal abuse and threatening to kill

Also you can file criminal case

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

You can approach police with this chat message and can lodge a complaint against him as well as your aunt.

If the police is not cooperative then you may approach the top police officer with a request to direct the local police to initiate proper legal action against them

T Kalaiselvan
Advocate, Vellore
52590 Answers
632 Consultations

5.0 on 5.0

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