Hi, I am being harassed by the constant messages and talk that my sister in law has been doing since the past 5 years atleast. I suspect that being the bahu of the house, she can put a case anytime she feels like on me or my parents.Since none of her allegations have anything to do with reality(we have never stayed together after her marriage and there have been counted meetings since the past 14 years), to safeguard myself i want to register a case showing all her messages but don't want any immediate action to be taken. What should i do? What should i tell the police officer if i approach them to lodge a complaint? Also want to know if there is any other option that i can take knowing that i have never retaliated or answered these messages but thay constantly continue to come,even after blocking her number. Regards
You can file private complaint of defamation under section 500 of IPC against your sister in law if she has maligned your reputation
2) before filing complaint you can issue her legal notice to withdraw false and defamatory allegations made against you and tender an unconditional apology
3) if she refuses then file private complaint before magistrate
1. There is no case made out against her at this stage from the facts furnished by you.
2. You should preserve all her messages that you have in your possession. Once she files FIR under 498A then apply for anticipatory bail immediately.
3. To prove defamation you have to prove that the imputation which caused loss of reputation was published, meaning thereby that it has been read/heard by a third party, to which end you have to examine an independent witness or prove that the imputation was in the ordinary course read/heard by the third party.
You shouldn't wait for something to happen. Rather file a criminal complaint against her for criminal intimidation and harassment. You should file an annexure wherein put all the printouts threatening you thatsvhe will lodge false cases against you. Don't hesitate.
Regards
You can file a non cognizable complaint before police that she is intimidating for false cases and is also harassing you.
See you can issue her legal notice for constant messages and harassment and can ask to stop if she fail warn her you will take legal action.
If you block her number and block her in all the social media, then she may not be able to contact you by the same number, if she is trying to harass you with new numbers, then you do the same thing i.e., to block the new numbers also.
The police will not entertain any such complaint if you say that you just want to record all such things.
You have to make up you mind to lodge a criminal complaint against her for torturing you and creating nuisance to you by posting such undesirable messages.
Until you dont make up your mind to take concrete steps against her legally, you will not find any solution to this, you may take the help of your brother or your husband to solve the crisis legally.
As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,
- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.
- You have a legal right to live in the society peacefully and respetfully. Law of the land is bound to protect you.
- Your mentioned details are amounts to Defamation , and a criminal case can be filed , but as you dont want to take any legal action against her ,
- Further, If you will file a defamation case or lodge a complaint against her , then there is possibility , that she may also counter attack on you.
- Better try to solve the issue amicably with the help of relatives or family friends.
- OR, You should give an information Application/Complaint to the SHO of your area police station , after narrating that you are facing hardship and facing harassment due to attitude of her , and further you should not be held responsible in case , she lodge any complaint against you in future.
You can file a police complaint u/s 499. Police will take an appropriate action. If police fails to take an action you can file a private complaint at Court. Court will give instructions to police for the investigation. .
Dear sir /madam
As you do not want any immediate action and just want the matter to be acknowledged by police for records , you may write the synopsis of the entire case and approach the police stating the harassment faced and have all the documentary proof with you in case and lodge a police complaint and if police opposed your complaint in any manner you may show the proofs . Copy of the complaint may be preserved with you and presented if in future need arises.
Then later Secondly you could also issue a legal notice to the lady warning her that such acts would not be acceptable and if not stopped immediately legal action would be taken against her. Choice your option wisely.
You can file a non cognizable report against your sister in law for harassing you with messages.
You can save the messages and make hardcopy of messages and also make application to your service provider to give you copy of outgoing calls and messages from your number.
Why don`t you file FIR against her for criminal intimidation. You retaliation dose not attract any offense. You can even abused her fro contact nagging.
Just complain to police, unwanted calls and message. intimidation on calls. Threats of filling false cases. Police will issue her warning.
You can just file a NC complaint if you dont wish to take a immediate action.
