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Mental harassment by brother in India


04-Jul-2024 (In Family Law)
My brother has been harassing and torturing my family (mother, father, younger brother, and me) for the last 8 to 10 years. Despite my father asking him to leave the house and live independently, he has not taken it seriously. He drinks daily and comes home in that condition every evening after his job. I want to file a police complaint against him so he leaves the house and my parents and younger brother can live peacefully. I work in Gurgaon and visit home once a month. Could you please advise the right way to complain about mental harassment by my brother and what steps I should take? can I file police complaint against brother? Thank you in advance for your advice.
Answers (3)

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]

Answer #1
710 votes
File a police complain before nearest police station mentioning all the incidents in detail. If your father have self acquired house you can also file a civil suit in this regard. Moreover public a notice in the newspaper circulated in your area to dishown him from all shares.
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Answer #2
621 votes
Dear Owner the best way is to resolve the issue is by filling an FIR against your brother but this may also turn out to be sibling rivalry hence be very careful in handling the things , best advice is to speak to some close friends of your brother and find solution or ask your father to take necessary steps , your intervention into the present problem may also aggravate your brother and hence No solution. All the best
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Answer #3
641 votes
Question: My brother is doing harassment n tourture of my family ( mother, father, younger brother, me). From last 8 to 10 yrs this situation is same.. My father said him to leave the house and do his job and live on own but he did not take it seriously... He durnk Daily n came home in that condition every evening after his job.... Now i wanted to file n police complain agaist him so he leave the house n my patents n younger brother live peacefully.....i am also working n live gurgaon n come home ones in a month. Could you please advise the right way of complain or what should i do.... Thanks in advance for your advice. Answer:- IPC 323 and 324 is applicable here , however you better ask someone else to lodge the complaint against him because your lodging the complaint will spoil your family relations.Just to taught him to live like a good civilian in a civilised manner, that is acceptable in the society and beneficial for him and others.
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