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What to do if someone abuses you on phone


04-Jul-2024 (In Criminal Law)
One person has abused me over phone. how can I file a complaint against him? I am 32 years old (Male) Keralite, staying at Delhi. the person who abused me stays at Kerala. I have the voice record of the abuse and it was clearly audible that this person is abusing my mother and other family members.The language of the abuse is Malayalam. what all ipc section for abusive language on phone that I can mention in the complaint? is section 509 is applicable here.
Answers (4)

Answer #1
313 votes


If someone abuses another on the phone in India, there are several legal recourses available to the victim. Here are some of the options:
 

  1. File a Complaint with the Police: The victim can file a complaint with the police station in the area where the abusive phone call was received. The complaint can be filed under section 509 of the Indian Penal Code, which deals with "word, gesture, or act intended to insult the modesty of a woman" if the insult is directed at a woman. If the victim is a man, then the complaint can be filed under section 506, which deals with "criminal intimidation" or under Section 504 "intentional insult with intent to provoke breach of peace".

  2. File a Complaint with the Cyber Crime Cell: If the abusive phone call was made from a mobile phone or over the internet, then the victim can file a complaint with the cyber crime cell of the police. The complaint can be filed under section 66A of the Information Technology Act, which deals with "sending offensive messages through communication service," or section 67 of the Information Technology Act, which deals with "publishing or transmitting obscene material in electronic form."

  3. File a Complaint with the Telecom Regulatory Authority of India (TRAI): The victim can also file a complaint with the TRAI if the abusive phone call was made from a telemarketer or spam caller. The TRAI has a National Do Not Call Registry, which allows consumers to register their phone numbers to avoid receiving unsolicited calls.It is important to note that the victim should gather as much evidence as possible, such as recording the phone call or noting down the date, time, and number from which the call was received. It is also advisable to consult a lawyer to understand the legal options available and the best course of action in the particular circumstances of the case.


It is important to note that the victim should gather as much evidence as possible, such as recording the phone call or noting down the date, time, and number from which the call was received. It is also advisable to consult a lawyer to understand the legal options available and the best course of action in the particular circumstances of the case.

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Answer #2
686 votes
search Institute claim to have the audio it will be advisable that you go to a police station and lodge police complaint if the police refuses to lodge a police complaint then you have an option under section 156 3 of CrPC which says that you can straight away go to a magistrate and get your complaint launched for the magistrate will direct the police to lodge an FIR so that is the records available to you as far as section 509 is concerned that pertains only to the women are the female so that might not be helpful for you since you claim to be a 32 year old male but the other sections of criminal intimidation abusive language annoyance extra would be applicable and it is advisable that you get a complaint drafted from reliable lawyer and file it as soon as possible with the police if the review then you can have a request to Magistrate as mentioned above under section 156 3 CRPC
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Answer #3
714 votes
hello client hru. as i can understand ur case is seems to be serious in nature in thus matter you should immiadiatelly file a complaint as well as tou have to move to court immidiatelly fir urgent action. from the side of the police.
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Answer #4
993 votes
Query perused. I would advise you to file an intimation/ intallah peshbandi to the concerned SHO and DCP enunciating the true facts of the matter. The abuse will be covered under section 506 of the IPC since it tantamount to criminal intimidation. For further consultancy and legal services you may contact us.
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