• Regarding law to prevent crime against senior citizen in India

I am disturbed by incidences of violence against senior citizen in our country. My father is now 81 years and lives in house which is also having co-ocupant my uncle and his children.Recently my cousin brothers and my uncle tried to stop my father to forcibly stop him use of main door of our house.As my father tried to say a word he is attacked physically by my uncle and his sons on 2 occasions and also abuses were hurled against my father by uncle and his sons. They also threaten to eliminate him in future . This is disturbing such cases of violence against elderly is very disturbing. I would like to seek legal remedies against future such crime/attack against my elderly father so want to know how to seek legal protection in anticipation of such repeated act of violence against my elderly parents.
Asked 7 years ago in Criminal Law
Religion: Hindu

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14 Answers

Hi,

On urgent basis, file complaint to police for police protection of life and property. Also write to SDM to get the property released from uncle.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. Since a crime has occured you or father must lodge a complaint in writing with the Police on which basis a FIR under section 323, 506, 504 IPC can be registered agaisnt his tormentors.

2. If the Police does not register FIR you can get ot done through the court of the Magistrate.

3. As regards forcible occupation of your land the remedy is a civil suit for recovery of possession.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Your father should file application before senior citizen tribunal seek protection order restraining your uncle , their family members from disturbing his possession of house 

2) also file police complaint of criminal intimidation under section 506 of IPC against his relatives 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

 

Your father should file case of criminal trespass against his brother and their children 

 

also suit for eviction 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

See firstly father can file a police complaint and can seek protection against the said uncle and sons .

Further he can meet or write letter to SP ans District magistrate for speedy relief as he is a senior citizen his rights will be protected.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

And as far as land is concerned for that an FIR for illegal encroachment can be made and civil suit for taking possession of same can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There are certain protections available for the senior citizens but most of the crimes are dealt in the similar way.

As these aquisitions belong to the property and threatening he can go to the police station and lodge complaints.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

  1. As per the information mentioned in the present query, makes it clear that your father has been harassed in every possible way by your uncle and his sons.
  2. I advice you to file a police complain as well as a complain in a senior citizen cell of your area.
  3. Once you do that then whenever in future if they again create problem just give a 100 number call.
  4. And for the property, you may file a civil suit for having right in that property.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

At any time your uncle and his sons repeat this behaviour by way of being violent and harassing and abusing your father, your father must immediately report the matter to the Police.  

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

As regards to the land forcibly occupied by your Uncle and his kins, your father must file a civil suit for dispossession besides a detailed police complaint in the matter.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

There are laws protecting elderly people who are subject to harassment. This includes police protection as well as legal protection. You may file a complaint before the relevant police station and take recourse.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File an FIR immediately against them. Also invoke the provisions of senior citizens Act against such inhuman members. Police will come at your residence and take FIR.

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

If your uncle and his sons have assaulted your father and turned violent on more occasions nothing prevented your father from lodging a criminal complaint against them with the local police.

If the local police is not effective then he could have approached the top police officer of the district for relief and remedy against such atrocities done on him by them.

You may initiate process to lodge criminal complaint against them and for the time being let your father not reside in that house after giving the complaint because they may repeat such incidences in the name iof wreaking vengeance.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Also my uncle and his sons have forcibly occupied some land property that legally belongs to my father, cinior citizen.

He can approach senior citizens welfare tribunal and give a complaint about this, they will immediately restore the property by an order with the help of local police.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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