Mental harassment by brother in India
04-Jul-2024 (In Family Law)
Preserve evidence (messages, call logs, CCTV, medical/witness statements) because digital records are primary evidence under the Bharatiya Sakshya Adhiniyam s.57. [https://constitutionofindia.in/section-57-of-bharatiya-sakshya-adhiniyam/] Next, lodge a written complaint/FIR at the local police station and insist they register offences shown by your evidence (if the victim is a woman, BNS s.85 for cruelty; also consider BNS s.351 for criminal intimidation). [https://www.apnilaw.com/bare-act/bns/section-85-bharatiya-nyaya-sanhita-bns-husband-or-relative-of-husband-of-a-woman-subjecting-her-to-cruelty/] [https://www.apnilaw.com/bare-act/bns/section-351-bharatiya-nyaya-sanhita-bns-criminal-intimidation/] If the police refuse, rely on Lalita Kumari (FIR registration duty) and ask a Magistrate to direct investigation under the BNSS (section 173/related magistrate powers). [https://indiankanoon.org/doc/10239019/] [https://www.indialawacts.in/bnssSections.php] To evict/remove him immediately (if the aggrieved is a woman in a shared household) apply to the Magistrate under the Protection of Women from Domestic Violence Act s.19 for a residence/protection order; the Supreme Court's Velusamy judgment explains shared-household reliefs under the DV Act. [https://www.bareactslive.com/ACA/ACT169.HTM] [https://indiankanoon.org/doc/1521881/] Note arrest and investigation safeguards in Arnesh Kumar; preserve copies of all filings, hand a dated copy of the complaint to the SHO, and if police still do not act, file a Magistrate complaint under BNSS/seek judicial review. [https://en.wikipedia.org/wiki/Arnesh_Kumar_Guidelines]
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