Rajesh Kumar approached my office with a deeply troubling family situation that had escalated to physical violence. His distant relative, Suresh Patel, had been causing persistent problems for the family ever since relocating from Ahmedabad to their ancestral village in Kheda district about five years ago.
Suresh was known in the community as someone with a problematic past – he had issues with alcohol dependency and had been involved in multiple altercations in Gujarat before moving to the village. Despite being related to Rajesh’s family, Suresh had developed a pattern of intimidating behavior towards them, often making threatening remarks and creating disturbances near their property.
The situation took a serious turn on December 15, 2024, when Suresh arrived at Rajesh’s family home in an intoxicated state, demanding money and creating a scene. When Rajesh’s elderly father, Ramesh Kumar, tried to reason with him and asked him to leave peacefully, Suresh became aggressive and pushed him forcefully. During the ensuing scuffle, 68-year-old Ramesh fell and suffered a fracture in his right arm.
The incident occurred in front of several neighbors who witnessed Suresh’s aggressive behavior. Ramesh was immediately rushed to the nearby government hospital where X-rays confirmed a displaced fracture of the radius bone requiring surgical intervention. The medical expenses and the trauma caused to the elderly man prompted the family to seek legal action.
What made this case particularly challenging was that Suresh had been systematically intimidating the family for months prior to this incident. He would often stand outside their house making threatening gestures, use abusive language when encountering family members in the village, and had even threatened to “teach them a lesson” on multiple occasions. The family had initially tried to resolve the matter through village elders, but Suresh’s behavior only worsened over time.
Advice in Such Cases
When dealing with persistent intimidation and threats from relatives or acquaintances that escalate to physical violence, immediate legal action becomes crucial. Document every incident of threatening behavior, maintain records of medical treatment, and gather witness statements promptly.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
In cases involving family disputes that turn violent, it’s essential to understand that blood relations do not provide immunity from criminal prosecution. The law treats assault and intimidation seriously regardless of the relationship between parties.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS), several provisions apply to such situations:
- Section 115 BNS (Voluntarily Causing Hurt): When someone intentionally causes bodily pain or injury to another person
- Section 117 BNS (Voluntarily Causing Grievous Hurt): Applicable when the injury involves fracture of bones or permanent disability
- Section 351 BNS (Criminal Intimidation): Covers threats to cause injury to person, reputation, or property
- Section 352 BNS (Intentional Insult with Intent to Provoke Breach of Peace): For abusive behavior intended to provoke
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS):
- Section 173 BNSS: Provides for immediate police intervention in cognizable offenses
- Section 175 BNSS: Allows for arrest without warrant in cases of assault causing grievous hurt
If You Are the Complainant
As the complainant in such cases, your primary responsibility is to provide accurate and complete information to the investigating authorities. Prepare a detailed chronological account of all incidents of intimidation and threatening behavior leading up to the assault.
Ensure that you maintain copies of all medical documents, including X-ray reports, treatment records, and doctor’s statements regarding the extent of injuries. These documents serve as crucial evidence in establishing the severity of the assault.
Identify and contact witnesses who observed the incident or previous instances of threatening behavior. Obtain their written statements and ensure their availability for recording statements before the magistrate if required.
Keep detailed records of any financial losses incurred due to the incident, including medical expenses, loss of income due to inability to work, and costs associated with ongoing treatment or rehabilitation.
If You Are the Victim
If you are the direct victim of such assault, your immediate priority should be seeking proper medical attention and ensuring all injuries are properly documented. Do not delay medical treatment thinking the matter can be resolved amicably, as this may compromise both your health and legal case.
Cooperate fully with the investigating officer and provide honest, detailed statements about the incident. Avoid exaggerating facts but ensure you don’t minimize the impact of threats and intimidation you experienced prior to the physical assault.
Maintain a personal diary or record of your recovery process, including pain levels, inability to perform daily activities, and psychological impact of the incident. This information can be valuable for claiming appropriate compensation.
Follow up regularly with the investigating officer to ensure the case progresses properly. Keep copies of all communications and maintain records of each interaction with police officials.
How the Police Behave in Such Cases
Police response in family-related assault cases can vary significantly. Often, investigating officers initially attempt to treat such matters as civil disputes and may suggest compromise through family mediation. However, when clear evidence of criminal intimidation and physical assault causing injury exists, they are legally bound to register an FIR.
Some officers may show reluctance in arrests when the accused and victim are related, citing family harmony concerns. In such situations, it’s important to emphasize the criminal nature of the acts and the victim’s right to legal protection regardless of family relationships.
Police may also be more responsive when presented with proper medical evidence and witness statements. They tend to take cases more seriously when victims demonstrate clear intent to pursue legal action rather than seeking mere intervention.
Expect the investigation to include recording statements from all family members, neighbors, and witnesses. Police may also visit the scene of the incident and examine medical records in detail.
FAQs People Normally Have
Can I file a case against my own relative? Yes, family relationship does not provide immunity from criminal prosecution. The law applies equally regardless of blood relations.