• My neighbour is continuously misbehaving by his verbal and bodily actions

My neighbour consisting of a unmarried lady(occupier of quarter) and her nuisance brother are creating a lot of problems to our family.
His brother
1.continously stare at us (my wife and mother)
2.utter bad words to us
3.urinate infront of our quarter
4.throws stones towards us
5.shows bad bodily behaviour like scratching the private parts looking at us(even to my wife and mother)
6.Misbehaving us

Plz help us ,how to deal with that pesky neighbour.
Asked 4 years ago in Property Law
Religion: Hindu

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21 Answers

Hi

DIAL 100

File written complaint against him.

He will be behind the bars for sure.

Initiate the process of making the complaint to the police. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Your mother and wife can file a police complaint against this person before mahila police station and they can register FIR for same against the person.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

This is utter nonsense. You should have instantly called on 100. This is the clear case of insulting modesty of women. As a proof, record his act. 

Same moment police arrest him and court may also refuse bail. File FIR u/s 509 IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Lodge a complaint against him with the police. If they do not respond then file it before a magistrate. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can record the same and file police complaint against her. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. collect evidence like video recording and then make a police complaint through your wife or mother against the neighbor, 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Install CCTV cameras in entrance  of your house 

 

2) record his abuses 

 

3) your mother and sister should file police complaint against him for outraging their modesty under section 354 of IPC 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Intimidation, Nuisance, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Sir/Madam, 
You are suggested to record some of his actions and file the police complaint mentioning all his activities ASAP. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. If the make neighbor has used sland language against your wife and showed his male organ while urinating then it is a gross outraging of modesty and molestation of your eife3.

2. So if lodge complaint with local police station FIR would be registered and this may very well be arrested. 

3. So unless you take recourse to law this nuisance is not going to stop soon. 

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

If possible install CCTV cameras at your premises so that the acts of said person(s) are captured.

Record (photos, video & audio) of the said acts of your neighbor.

Your wife & mother can file complaint before local police U/s.354 & 509 of IPC for outraging woman's modesty & insult women by words, gestures or acts etc.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Asj your mother and wife to make complaint against him for sexual harassments, mental torture and threatening.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Hello,

  1. You need to lodge a complaint with the police station with entire details of the nuisance caused as described by you.
  2. Take your wife along to the police station and insist the police to lodge an FIR against the offending culprits for outraging her modesty, assault  and disrupting peace. Film his acts on your mobile phone and carry along, if that becomes possible.
  3. If the police is refusing to take your complaint, escalate to Commissioner of police and request his intervention.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Dear Sir,

You can approach the Police Commissioner with prior appointment along with your wife and evidence of such ugly incidents. You will defiantly get justice and he will be booked under various sections of IPC particularly under following sections. Not to worry too much or lodge online complaint.

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

S. 354 of Indian Penal Code

Assault or criminal force to woman with intent to outrage her modesty

Description

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty1, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.

Punishment

Assault or use of criminal force to woman with intent to outrage her modesty

1 to 5 years + Fine

 

S. 354 A

Sexual harassment and punishment for sexual harassment

Description

  1. A man committing any of the following acts—

    1. physical contact and advances involving unwelcome and explicit sexual overtures; or
    2. a demand or request for sexual favours; or
    3. showing pornography against the will of a woman; or
    4. making sexually coloured remarks, shall be guilty of the offence of sexual harassment1.

  2. Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
  3. Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Punishment

  1. Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours or showing pornography
  2. Sexual harassment of the nature of making sexually coloured remark

  1. Upto 3 years or Fine or Both
  2. Upto 1 year or Fine or Both

S. 354 B

Assault or use of criminal force to woman with intent to disrobe

Description

Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing1 or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

 

S. 354 C

Voyeurism

Description

Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image1 shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.

Explanations

  1. For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
  2. Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.

S. 354 D

Stalking

Description

(1) Any man who—

  1. follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
  2. monitors the use by a woman of the internet, email or any other form of electronic communication,
    commits the offence of stalking1;

    Provided that such conduct shall not amount to stalking if the man who pursued it proves that—

    1. it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
    2. it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
    3. in the particular circumstances such conduct was reasonable and justified.

 

(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

 

Punishment

Stalking

  1. Upto 3 years + Fine for first conviction
  2. Upto 5 years + Fine for second or subsequent conviction

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

- Under the circumstances , you have no option , except to lodge a complaint against them 

- Your mother should lodge a complaint to the local police and higher official , after stating all the incidence in details , and thereby request the police official to safeguard your life from them. 

- She should also mention , that these peoples are threatening for life and to implicate in false cases .

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

If you are living in an apartment complex, bring this nuisance to the notice of the association and seek their action on this to curb this nuisance.

If they do not take proper or effective action then you can resort to legal action.

If you are residing in independent house and the neighbor is intentionally doing it then find out the reasons for this disturbance, if the things can be solved by amicable talks then do it, if it is not possible then you first issue a legal notice to them warning them of legal consequences if they do not refrain from indulging in such illegal activities.

If they dont stop or respond to the legal notice then you can lodge a criminal complaint agaisnt them with the local police station buy gathering strong evidences of their acts of nuisance.

 

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

Call the Police the next time they indulge in this act.

 

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

Hello, 

 

Send a legal notice to the lady at the earliest and mark the copy of the same to the police. 

If neighbor does not correct the behavior thereafter also then you may go ahead and file a police complaint. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

you can lodge FIR u/s 504 and 506 I.P.C 

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

4.6 on 5.0

Give police complaint for torture and harassment. The police would call her and advise not to do so. Unless you give police complaint, your problem would not be solved.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You should record his action next time when he pass such gestures towards them. 

2. Install hidden CCTV cameras to record his actions and Remarks. 

3. Your wife and mother should lodge FIR against your neighbour for harassment and criminal intimidation and obscene activities of your neighbour and under various sections of crime against woman.

4. If police doesn't take any action send complaint to SP of Sambalpur.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,  

How to File a Harassment Complaint Against a Neighbour

Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.

Harassment Through Nuisance

You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.

Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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