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Lady belonging to SC category beaten by colleague
14-Nov-2023 (In Criminal Law)
Sir, my auntie (victim) is teacher in Government Middle school in Bihar. Today after reaching the school, she was prevented to make her attendance by a colleague who is in charge of Headmaster and that where dispute started. And after having hot argument she was beaten and abused by that person. She belongs to schedule caste and that person made casteist remarks. So i request you to please tell me what type of complain can be made and which type of IPC section can be applied. And if Local police do not take required action then whom to complain as culprit has connection with influential people. Thank you
One of the first things to do after a workplace assault is to contact the police and file a criminal complaint against your attacker. In most cases of workplace assaults, there are enough witnesses (coworkers or customers) to give the police probable cause to arrest your attacker.
Make clear to the police your attack was unprovoked. An angry verbal exchange usually isn't considered sufficient provocation; however, if you made threats of imminent injury or death, you may not be able to claim you were unlawfully attacked. In that case, your attacker could say he was defending himself.
A few days after the assault, get a copy of the police report. It may be valuable evidence in a third-party lawsuit against your employer. After a week or so, contact your local district attorney's office and speak with the prosecutor assigned to your case. Let her know you have medical bills and out-of-pocket expenses, and need financial help to pay them.
Most states have victim compensation funds. These are funds set aside by the state to make reparations to crime victims, especially those with no insurance or who can't pay all the costs related to the attack. The prosecutor can help you make arrangements if you need help from the fund. If you've already received compensation for your damages from another source, you may not be eligible.
The court may order your attacker to pay "restitution." If your attacker receives probation, the prosecutor can ask the court to order him to pay for your damages as a condition of his probation. That amount isn't paid directly to you, but it may come through the compensation fund or other state or county source. If the court agrees and your attacker defaults on a payment, he may be in violation of his probation and subject to arrest.
Make clear to the police your attack was unprovoked. An angry verbal exchange usually isn't considered sufficient provocation; however, if you made threats of imminent injury or death, you may not be able to claim you were unlawfully attacked. In that case, your attacker could say he was defending himself.
A few days after the assault, get a copy of the police report. It may be valuable evidence in a third-party lawsuit against your employer. After a week or so, contact your local district attorney's office and speak with the prosecutor assigned to your case. Let her know you have medical bills and out-of-pocket expenses, and need financial help to pay them.
Most states have victim compensation funds. These are funds set aside by the state to make reparations to crime victims, especially those with no insurance or who can't pay all the costs related to the attack. The prosecutor can help you make arrangements if you need help from the fund. If you've already received compensation for your damages from another source, you may not be eligible.
The court may order your attacker to pay "restitution." If your attacker receives probation, the prosecutor can ask the court to order him to pay for your damages as a condition of his probation. That amount isn't paid directly to you, but it may come through the compensation fund or other state or county source. If the court agrees and your attacker defaults on a payment, he may be in violation of his probation and subject to arrest.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
You can complain this offence under sc/st act plus offence are made out in indian penal code as well. You can go to the nearest police station. If at all police refuses to institute a case then, you can go to nearest judicial magistrate and can the case.
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