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Anonymous
Asked November 18, 2016

Assault by neighbour

  • 1 Answer
  • 802 Views

Hi, I stay in Bangalore. Earlier this year, a verbal disagreement happened between me and my neighbor. Later his brother came to my house and physically assaulted me and my wife. I have a CCTV footage of the incident. I went to the police station (right after the incident but without the CCTV footage) to file a complaint but nothing happened. I would like to consult with you and file a complaint against the culprit and initiate criminal case. Can I still do it as this happened some months ago? Do I have a strong case?

Answer 1

If you have the evidence then definitely you can file a case against the neighbour. If by assualt there was any injury caused then complaint can be filed under Wrongful hurt, Grevious Hurt, Assault against the accused. Please find the relevant sections below:-

 

Section 351 in The Indian Penal Code

351. Assault.—Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or prepa­ration will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Explanation.—Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault. 

 

Section 321 in The Indian Penal Code

321. Voluntarily causing hurt.—Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.

Section 320 in The Indian Penal Code

320. Grievous hurt.—The following kinds of hurt only are desig­nated as “grievous”:—

(First) — Emasculation.

(Secondly) —Permanent privation of the sight of either eye.

(Thirdly) — Permanent privation of the hearing of either ear,

(Fourthly) —Privation of any member or joint.

(Fifthly) — Destruction or permanent impairing of the powers of any member or joint.

(Sixthly) — Permanent disfiguration of the head or face.

(Seventhly) —Fracture or dislocation of a bone or tooth.

(Eighthly) —Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

 

ection 322 in The Indian Penal Code

322. Voluntarily causing grievous hurt.—Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt.” Explanation.—A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing him­self to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.

Section 323 in The Indian Penal Code

323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Section 325 in The Indian Penal Code

325. Punishment for voluntarily causing grievous hurt.—Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 319 in The Indian Penal Code

319. Hurt.—Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

 

If you wish to initiate proceedings, please refer to the following link: http://lawfarm.in/legal_cases/new

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