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Harassment of Senior Citizen how to lodge a complaint against it
10-Aug-2023 (In Criminal Law)
My dad has invested a certain amt of money with my cousin, who is refusing to return the amt within a specified time frame and verbally abuses my dad when he asks for the money to be returned at once. He says he doesn't care if we lodge a cheque bounce case against him and infact he is looking forward to it. This has deeply disturbed my dad who is a patient of depression and has undergone psychiatric treatment for the same. What is the provision to lodge a harassment case against my cousin?
Based on the information supplied by you, if your cousin has refused to return the money invested by your father and has also threatened him with legal action when he demanded the return of the money, it may amount to criminal intimidation and criminal breach of trust under the Indian Penal Code, 1860.
Criminal intimidation is defined under Section 503 of the IPC as intentionally causing another person to fear for their safety or property, by threatening them with an injury to their reputation, body, or property. In your case, if your cousin has threatened your father with legal action and has caused him to fear for his property or well-being, it could amount to criminal intimidation. It is punishable under Section 506 IPC with imprisonment for two years or with fine or with both.
Criminal breach of trust is defined under Section 405 of the IPC as a person who is entrusted with property, who dishonestly misappropriates or converts it for their own use, or disposes of it in a manner that is not in accordance with the terms of the trust. In your case, if your father entrusted the money to your cousin for a specific purpose, and your cousin has misappropriated it or has refused to return it to your father, it could amount to criminal breach of trust. It is punishable under Section 406 IPC with imprisonment for three years or with fine or with both.
However, if your cousin took the money from your father with the intention of not returning it and using it for his own purposes, that could constitute cheating under Section 420 IPC which is punishable with imprisonment with seven years and fine. Cheating is defined as dishonestly inducing a person to deliver any property to another person, or to make, alter, or destroy a valuable security or property, with the intention of causing wrongful gain to oneself or causing wrongful loss to the other person. However, to establish this offence, you need to prove that your cousin took the money with a dishonest intention and an intention to cause wrongful gain to himself and wrongful loss to your father.
To initiate a complaint under these provisions of the IPC, you would need to file a complaint with the police station having jurisdiction over the matter. You should provide them with all the relevant details and evidence to support your complaint, such as records of the investment and communication between your father and cousin. The police will investigate the matter and take appropriate action under the law.
Criminal intimidation is defined under Section 503 of the IPC as intentionally causing another person to fear for their safety or property, by threatening them with an injury to their reputation, body, or property. In your case, if your cousin has threatened your father with legal action and has caused him to fear for his property or well-being, it could amount to criminal intimidation. It is punishable under Section 506 IPC with imprisonment for two years or with fine or with both.
Criminal breach of trust is defined under Section 405 of the IPC as a person who is entrusted with property, who dishonestly misappropriates or converts it for their own use, or disposes of it in a manner that is not in accordance with the terms of the trust. In your case, if your father entrusted the money to your cousin for a specific purpose, and your cousin has misappropriated it or has refused to return it to your father, it could amount to criminal breach of trust. It is punishable under Section 406 IPC with imprisonment for three years or with fine or with both.
However, if your cousin took the money from your father with the intention of not returning it and using it for his own purposes, that could constitute cheating under Section 420 IPC which is punishable with imprisonment with seven years and fine. Cheating is defined as dishonestly inducing a person to deliver any property to another person, or to make, alter, or destroy a valuable security or property, with the intention of causing wrongful gain to oneself or causing wrongful loss to the other person. However, to establish this offence, you need to prove that your cousin took the money with a dishonest intention and an intention to cause wrongful gain to himself and wrongful loss to your father.
To initiate a complaint under these provisions of the IPC, you would need to file a complaint with the police station having jurisdiction over the matter. You should provide them with all the relevant details and evidence to support your complaint, such as records of the investment and communication between your father and cousin. The police will investigate the matter and take appropriate action under the law.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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What is the law for protection of senior citizens?
The Ministry of Social Justice and Empowerment of the Government of India initiated the Maintenance and Welfare of Parents and Senior Citizens Act of 2007. This legislation was designed to make better provisions for parents and seniors in terms of maintenance and welfare.
How do I complain about senior citizen harassment in Bangalore?
All calls are handled by a central office equipped with technology and a 10-seater call centre. Regional officers in Karnatakas districts tackle the issues on the ground and ensure elders can live with dignity, free of abuse.
How do I raise a harassment complaint?
A person who has been harmed may file a FIR in accordance with the relevant provisions of IPC 1860.
A complaint can be filed with the Magistrate in accordance with Section 12 of DV Act 2005.
What is harassment of senior citizens IPC?
The Indian Penal Code 1860
Anyone harassing seniors can be charged under Section 506 as criminal intimidation. If a person verbally abuses seniors or uses obscene language, they can be charged under Section 294. 30-Sept-2022
U have wonderful solution senior citizenship act file a complaint before A C with hand written complaint along with documents and we will get solution rightly and also u r telling u have cheque file police complaint and also cheque bounce case harass him when u have instrument in ur hand u may get late bit justice is delayed but not denied.
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Adv. Nagesh B L
Bangalore | 200+ Answers
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