• Verbal abuse

My father (a farmer) is been verbally abused by neighbouring land lord - who also owns chit fund and has the support of many people in our village and is constantly causing mental torture for my father ..he also abused my mother using foul language on few occasions - can we get any kind of protection from him ( we cant get aid from anybody in our village) and I don't want him to bother my old parents anymore - Please advise
Asked 10 years ago in Property Law
Religion: Hindu

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8 Answers

1) your parents should record the verbal abuses by the landlord

2) lodge police complaint of criminal intimidation under section 506 of IPC against the landlord

3)if police reuse to act lodge compliant with magistrate under section 156(3)of Crpc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

If there is no reason and the abuses are unprovoked, then you may ask your father to lodge a complaint against the erring neighbour.The police may register a FIR under sections 294B and 503 and 506 IPC.

But what is the reason that he is indulging into such unprovoked attacks on your parents, he is behaving this type only against your parents or with other villagers too? If yes,then gather those people too to give complaint against him along with you which will strengthen your case.

T Kalaiselvan
Advocate, Vellore
90061 Answers
2499 Consultations

Hello,

1) Your aged parents can certainty get protection against the abuse of the neighbouring landlord. No one is above law.

2) File a police complaint on the local police station against the landlord with a copy of the complaint being forwarded to the SP and Commissioner of Police.

3) If the police fails to take any action or is under the influence of the locally powerful landlord, file a private composing before the Magistrate Court seeking is intervention. The court will direct the police tho investigate and funny it's report to it.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Your legal option is to file a police complaint first ,

if this does not help , in case police does not take any action,

send him a legal notice through an advocate demanding of him to refrain from such activities.

Consult a local lawyer and do the needful if you think that your neighbour is influential and police will not help you.

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

1. Your parents have abundant legal remedies against the landlord. They can file a police complaint for breach of peace and also criminal intimidation against him. If police does not take any action then they can seek a protection order from the High Court.

2. Since the legal rights of your parents have been breached they alone can set the legal process in motion.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Making threat or abuse to another is a criminal offence.

2. So your father can file/ lodge complaint of criminal intimidation and abuse u/s 500, 506,384 ipc.

3. If the local police doesn't act on the complaint then you can file case under section156(3) crpc in the nearest magistrate.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

1. It will be ideal for you to audio tape his abuses on your parents, if possible,

2. This will serve as evidence to bring him to books,

3. However, your parents should file police complaints against him and also for police protection

4. They should send their complaints by speed post under copy to local S.p.,

5. After that they can file an application before District Judge praying for direction up on the police to investigate and act based on your complaint and also for police protection,

6. If police still fails to act, you can file a W.P. before the High Court against police inaction.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

1.Yes, your parents can get protection from the state provided you can establish that they were abused and harassed by that person,

2. Act as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

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