One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me with a distressing case involving his elderly father, who is physically disabled. The incident occurred when Mr.X’s father was attacked by Mr.Y (his brother’s wife) at their family property in City A. The assault was particularly heinous as it targeted a vulnerable senior citizen with physical disabilities. Mr.X had video evidence of the attack and expressed serious concerns about ongoing threats to their family’s safety. The family dynamics had deteriorated over property disputes, leading to this violent confrontation. Mr.X felt helpless as the local authorities initially showed reluctance to take immediate action against Mr.Y, citing family matters. The elderly father sustained injuries requiring medical attention, and the psychological trauma was evident. This case highlighted the intersection of elder abuse, disability rights, and domestic violence within extended family structures.

Advice in Such Cases

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.

Preserve Evidence: Immediately secure all video footage, medical reports, and witness statements. Digital evidence should be saved in multiple formats and locations.

Medical Documentation: Ensure comprehensive medical examination and documentation of all injuries, both physical and psychological impact on the elderly victim.

Safety Measures: If threats continue, consider seeking protection orders and temporary relocation of the vulnerable family member to ensure their safety.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections apply to this case. Section 115 (voluntarily causing hurt) and Section 322 (voluntarily causing grievous hurt) are directly applicable depending on injury severity. Section 351 (criminal intimidation) covers the ongoing threats to family safety. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 allows for immediate arrest in cognizable offenses. Additionally, the Rights of Persons with Disabilities Act, 2016, provides enhanced protection for disabled victims. Senior citizen protection laws under various state legislations also apply, making this a case with multiple legal protections for the victim.

If You Are the Complainant

• File FIR immediately at the nearest police station with all available evidence including video footage and medical reports
• Request for immediate medical examination of the victim through police or hospital authorities
• Demand police protection if there are ongoing threats to family members’ safety
• Prepare detailed written complaint mentioning all incidents, dates, and circumstances leading to the assault
• Gather witness statements from neighbors or family members who observed the incident or its aftermath

If You Are the Victim

• Seek immediate medical attention regardless of injury severity and obtain detailed medical reports documenting all injuries
• Report the incident to police immediately or ask a trusted family member to do so on your behalf
• Maintain record of all medical treatments, prescriptions, and psychological counseling sessions if required
• Cooperate fully with police investigation and provide truthful statements about the incident
• Consider seeking support from elder rights organizations or disability rights groups for additional assistance

How the Police Behave in Such Cases

Police typically treat family disputes with initial reluctance, often suggesting mediation. However, assault on disabled senior citizens requires mandatory action under law. They usually conduct preliminary inquiry, record statements, and arrange medical examination. Police may attempt reconciliation initially but must register FIR when cognizable offense is evident. Response time varies, but cases involving vulnerable victims generally receive priority attention once properly reported with evidence.

FAQs People Normally Have

Can family members be prosecuted for assault? Yes, family relationship does not provide immunity from criminal prosecution for assault.

Is video evidence from mobile phones admissible? Yes, digital evidence is admissible in court when properly authenticated and verified.

What if police refuse to register FIR? You can approach higher police officials, file complaint with magistrate under BNSS Section 223, or seek legal remedy through High Court.

Are there special provisions for disabled victims? Yes, enhanced penalties apply under disability rights legislation, and special procedures ensure victim protection during investigation and trial.

What Evidence Is Required?

• Video footage of the assault incident from any source including mobile phones or security cameras
• Medical reports detailing all injuries sustained by the victim with photographs of injuries
• Witness statements from family members, neighbors, or anyone present during the incident
• Previous complaint records if there were earlier instances of threats or violence
• Medical certificates establishing the victim’s disability status and vulnerability
• Hospital records showing treatment provided and medical expenses incurred
• Photographs of the crime scene and any damaged property during the assault

How Long Will the Investigation Take?

Investigation typically takes 2-3 months for completion, depending on evidence complexity and witness cooperation. Police must file chargesheet within 90 days under BNSS provisions. Court proceedings may extend 6-12 months for trial completion. Cases involving vulnerable victims like disabled senior citizens often receive expedited processing, but actual timeline depends on local court workload and case complexity.

Advocate Sudhir Rao, Supreme Court of India