On Uttarayan my friend name A came to my home and that time her wife B ( with whome already there is a home violence case is filed) was on other tarrace. Than my friend A left my home. After that that girlB and his father and brother came in from of my house started scolding us why you call him at your home with very aggressive which feel very insulting me. Now the fact that I didn't call my friend A but he came to my house after calling me on phone. So the point is is A and B had a problem than why group of B came to my house to insulted me. I dinnt say anything inappropriate to them and said that we are not aware of this. So how law can help me against this inappropriate behvae of family B . As there was a crowd too who seems all this. And what kind of evidence can be helpful inthis situation? What can I do if someone abuse me and I need evidence of that?as I am not that kind of persons who deals good with this type of person.
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1) record the abuses
2) install CCTV cameras in living room of your flat
3) audio and video recordings would help you in making out a case against the culprits who abuse you
4) also statement of witnesses would help you in filing police complaint against the culprits
If you are aggrieved by the behavior of B and her people for creating ruckus and nuisance in front of your house and if you feel insulted by their behavioral attitude, you may either resort to a complaint with the police against them for creating unprovoked nuisance at your house and you can rope in some of your guests assembled at your house at that time or even the neighbors who witnessed the undesirable events as witnesses to the incidents to give evidence against the m or you can issue a legal notice demanding explanation and also huge damages from them for causing mental injuries as well as for the insults that they have unleashed against you and your people at home which can be termed as defamatory acts and ruining your name, fame and reputation in the society by their such acts, behavior and the insulting words uttered by them in the presence of public/neighbors and the relatives assembled in your house at that time.
You can consult a lawyer in the local and initiate steps accordingly.
Alternately, considering the fatigue and time, money and energy involved in this to pursue this issue to a stretched legal battle against them, you may decide to persuade yourselves and plan to drop the ideas of avenging them legally at least for now and wait for them to repeat any such incidences in future whereby you can jump into the proposed legal actions as suggested.
You can file against them a DV, mental harassment, torture cases. And braking of silence and entering forcefully in your house.
Dear Sir/Maam,
This is your will to call anyone to your house and meet anyone, no one has the right to interfere in this matter.
Since they abused, insulted you publicly, you can file a case of defamation against them and for mental harassment, threatening you etc.
Defamation has been defined under Section 499 of the Indian Penal Code (IPC) as whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person is said to defame that person.
Defamation falls into two categories:
Libel – A defamatory statement published in a written form.
Slander – A defamatory statement made in a verbal form (spoken).
Under the Criminal law, Defamation is a bailable, non-cognizable offence and compoundable offence. Hence a policeman may arrest only with an arrest warrant issued by a magistrate. The Indian Penal Code punishes the offence with a simple imprisonment up to two years, or with fine, or both.
What are the requirements:
To prove prima facie defamation, a plaintiff(You) must show four things:
1) a false statement purporting to be fact;- They insulted and abused you publicly
2) publication or communication of that statement to a third person;- it was seen and heard by your neighbors.
3) fault amounting to at least negligence; and
4) damages, or some harm caused to the person or entity who is the subject of the statement.- you are mentally disturbed, it affected your reputation, etc.
How to file a case-
A criminal defamation can be filed through private complaint with magistrate under section 499 and 500 of Indian penal code.
There is no court fees in criminal matters expect ticket fees.
The procedure in civil court and criminal case take time they can go for 2-3 years and fees of lawyer is also needed to be paid.
Note-
You can file both a criminal or civil case in civil or criminal court.
what must be kept in mind is what you want-
1. if you want monetary compensation, you can file a civil suit against them
2. if you want to punish them, you can file a criminal suit against them.
.
- The said acts by the family of B is against law , as they have to right to stop someone to talk and become friends of that person to whom they hatred.
- You can lodge a compliant against them for the offence of abusing and insulting in public under section 294 of IPC
You can file criminal complaint of defamation and social abuse aginst B and her family members. Lodge complaint against those who abused you in front of your own society members without any fault on your part.
If you have any witnesses who can give statement for you revealing the incident then you may accompany them too while giving your statement before the police authorities.
1. In this scenario you ought to have filed a complaint against them in the jurisdictional police station and got the FIR registered,
2. CCTV footage will be helpful.
You can file complaint under section 504 and 506 IPC as well as under 500 if he has defamed you
