Yo remove The complaint against my brother

Question

Yo remove The complaint against my brother

14-Mar-2025 (In Criminal Law)

My brother who is 19 year old had a fight with a senior citizen who was using bad word during hoil without any reason and my brother had beaten him up not badly and then he went to police station for complaint. That senior citizen and his family always get onto fight there everyone and uses bad word who can I help my brother

Answers (5)

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Adv. Mikdad Zummerwala Adv. Mikdad Zummerwala

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Advocate Subodh Ingole LawRato · Accepted Answer · 2025-03-14T10:56:08+05:30

Answer #2

MYSELF SUGGEST YOU TO GET APPOINTED US SO THAT YOUR MATTER IS WELL SETTLED AND THE MATTERS IS THE CRIMINAL MATTER OF WHICH LEGAL ACTION CAN BE TAKEN SOON AS SOON AS POSSIBLE FOR THE MATTERS OF SAID OFFENCE PLEASE ALLOW US TO SETTLED. THANK YOU. ADVOCATE SUBODH INGOLE.

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Advocate Ajinkya Sanjay Gosavi LawRato · Accepted Answer · 2025-03-14T12:58:11+05:30

Answer #3

Please reach out to me so that I can review the facts of your case thoroughly. I need to understand the details before providing any comments or suggestions. I will require more clarity on your situation.

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Adv. Ajinkya Sanjay Gosavi Adv. Ajinkya Sanjay Gosavi

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2025-03-15T21:36:10+05:30

Answer #4

Well, your Brother could have lodged a Cross Complaint against that Senior Citizen that he had first provoked your Brother to fight with him by unnecessary using bad words against your Brother, however, your Brother would have kept his calm rather than taking laws into his own hands, afterall, he fought with a Senior Citizen, if that Senior Citizen really had disrespected your Brother, your Brother would have raised this issue before the concerned Court.

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Advocate Kiran Ashok Gangurde LawRato · Accepted Answer · 2025-03-16T16:25:58+05:30

Answer #5

Your brother, being 19 years old, is legally an adult and may face charges under Section 323 IPC (voluntarily causing hurt) and possibly Section 504 IPC (intentional insult provoking breach of peace). However, considering the provocation by the senior citizen, there are legal defenses available. Steps to Take: Legal Representation: Engage a criminal defense lawyer immediately to handle the case. Self-Defense Argument: If your brother acted due to extreme provocation and in self-defense, this can be argued under Section 96 IPC (Right of Private Defense). Cross-Complaint: If the senior citizen is known for aggressive behavior and abusing others, lodge a counter-complaint for verbal abuse (Sec 294 IPC) and provocation (Sec 506 IPC - Criminal Intimidation). Witnesses & Evidence: Collect statements from neighbors or CCTV footage to prove habitual misconduct by the complainant. Police Settlement: Since the injury was not serious, a compromise under Section 320 CrPC (compoundable offense) may be possible to avoid prolonged litigation. Immediate legal action is crucial to prevent escalation. Consult a lawyer to ensure your brother’s rights are protected.

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