• Threat, injury, robbery

Hi sir 
My mother has been feeling threatened in my locality that the few neighbours will kill/kidnap or do something bad to her.
Briefly why is she feeling threatened 
My mom goes to the rooftop of our house to do exercise as usual as she has been doing for past many years specially since she is daibetic patient and due to corona virus we do not allow to her to got outside.her age is 63 years.
Now when she goes on the rooftop one day at a visible distance in our neighborhood someone is standing in the balcony and sees her.now that particular standing person at a visible distance assumes that my mother is watching him and she is interested in me.that persons family now decides that we will take revenge in the form of either kidnapping her or killing her or anyother manner and hence she feel threatened.
All the above things was said to me by my mother.
I myself not so sure that this is actually what happened because no one was their.but because of this issue we had to consult psycritist and started her medication because she is not sleeping properly.
My question is what are our legal options according to above situation if we assume that my mother is saying all things correctly
Asked 4 years ago in Criminal Law
Religion: Hindu

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14 Answers

This is only Contemplation due to long stay at home. You can complain to police about anticipation of kidnapping/ murder. Police will also ask same thing, reason behind her Contemplation. If no cogent evidence to support her allegation, police will not entertain her complaint and may not take her seriously in future if she is right.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

File a police complaint against the ASSUMED neighbor under 506IPC

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can visit near police station and give NC on unknown person name, feeling like she may be "kill or kidnap or attempt to kill" by others. Plus show to good psychiatrist 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

She has the option to approach the Police and lodge a complaint against the neighbors who have been allegedly warning her of injury/robbery or theft.  

 

This has to be a written complaint to the Police naming the accused persons. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Your mother must be suffering from mental illness

 

2) psychiatrist would conduct tests and determine whether or not she is suffering from mental illness 

 

3) on account of being cooped in house for so many months many persons are suffering from mental illness 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Dear Sir,

You may submit a police complaint in the local police station that if something goes wrong with your mother the said person will be solely responsible. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

I assume either you or your mother suffers from serious problems in perceiving things. 

I further regret if you go to police to lodge complaint they would ask you to take assistance of a psychiatrist. 

So concentrate in your study or profession and ask your mother to work more vigorously to control her blood sugar level. 

Good luck. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

- Since she is an old lady , hence you can lodge a complaint on behalf of her , against that persons under the provision of Senior citizen Act for threat to her life. 

- Further try to amicable settle the matter with that person in the presence of your mother to remove her mental harassment and fear. 

-  In Delhi you can take help from TOLL FREE Nos. 1291 or 100, which is specially for senior citizen persons. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

It is advisable to file a complaint before the police from your mother name being a senior citizen being threatened from the neighbour. Meanwhile you can go and speak to those persons in the neighborhood as regards their intention and try to find the real facts before proceeding with police complaint.

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 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, 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

1. See in case their is any intimidation and threat from neighbour you may file police complaint though based upon above facts it may not be substantial ground of FIR , see you may file a complaint before police and may take care of your mother.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your mother needs to first file FIR against the said offenders at the police station. If FIR is not taken she can also file complaint to magistrate and get the FIR recorded

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Without confirming any such event you cannot take any precautionary measure nor you can take any legal action agaisnt a non existent person.

It is a psychological fear or an imaginary notion due to fear psychosis 

psychosis means a loss of contact with reality; it is a symptom of a number of mental illnesses rather than a medical condition in its own right.

You can refer her to a psychiatrist or an experienced clinical psychologist.

 

If at all you confirm that somebody is creating nuisance to her as apprehended by her, you may first issue a legal notice instructing him to refrain from such an indulgence, failing to  respond or cooperate you may proceed through criminal law through police 

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. This is purely in the realm of speculation and this no FIR can be registered at your mother's instance against the neighbour who she apprehends will kidnap and/or harm her.

2. There are no legal options as no right has been violated,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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