My father is a government teacher and a government employee. My brother is almost 18 years old and studies in class 12. My mother is 56 years old and she is a housewife. I am 23 years old female and I don't do anything. We are a family of 4 people. My neighbours they constantly harrasses us and constantly fight with my father. Both husband and wife bully us everyday. The guy is always drunk and fight with my father. His wife always threaten my father and my brother that she will file a fake rape case, molestation case. The guy always threaten my father that "you are a government employee, I will eat your job by making false allegations on you ". He always go to my father's school and society where he works and defame him, threaten him that " I will make false allegation on you and your family so that you will loose your job and you will ended up in prison. He defame us in our society as well. Recently one or two days back because of our door blockage as he kept his bike infront of our house and it was getting difficult for us to come our or inside the house and because of this incident an argument happened and again they have started with the same threat . So my parents, they went to the police station to file a complaint against them. On the same time they also went to the police station and filed a false complaint against my father and the guy hit his head by his own and wrapped it with a bandage and complaining to the police that my father pushed him and that's how his hit his head on the wall. And lastly what happened was my father and that guy, they both ended up in the lock-up. Now both of them is out on bail. Now for future, what steps shall we take to save ourselves from harrassment, blackmailing, threatening , bullying , false rape case, false allegation, false attempt to murder case. What should we do? Please suggest. Also Can we file defamation case as per the false case? Is their any probability of us winning? Kindly suggest all the legal steps that we can take as a precaution to protect my family from future mishappening.
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1) record their threats
2) audio recordings are admissible on evidence
3) install CCTV cameras in front of your house
4) audio and video recordings will help you to prove allegations are false
5) your father can also file private complaint with magistrate under section 500 for defamation for maligning his reputation
6) however he has to prove the allegations
Your father has already obtained bail, first let him challenge the false case on merits and come out without any damage.
After that he can plan to attack his neighbour if he continues to wag his tail.
Your father can install surveillance camera at his house and get the evidence recorded in case he again indulges in such unwanted activities.
Dear Client,
According to Section 499, “defamation can take place through words spoken or intended to be read, signs, and visible representations published or spoken about a person with the intent of damaging that person’s reputation, or with the sufficient knowledge to believe that the imputation will affect his reputation”. And Sec. 503 states that “Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.” According to these two provisions under IPC you can file for defamation case against the other party, because incidents provided by you clearly showcases the intension of causing harm to reputation of your family. And to save yourselves from harassment, blackmailing, threatening, bullying, false rape case, false allegation, false attempt to murder case you can consult with a lawyer about obtaining a restraining order or protection order against your neighbors to legally prevent them from coming near your family or your property (Restraining order against someone can be obtained from the court if the person is harassing you or putting you or your life in danger. Section 38(3) of Specific Relief Act lays down the conditions in which Permanent Injunction can be granted by Court).
There is no protection against the false complaint .
However to avoid false complaint install CCTV outside your house.
File civil suit for injunction against encroachment/disturbance of your area.
- Since, your father and that person are on bail , then you can collect evidence like audio recording for his fight & abusing for proving the case
- As per law, the audio /video recording is admissible in the evidence.
- However, if there is case is pending then you cannot file a defamation case against him
- Further, if he is trying to park his vehicle in your land , then your father can file a suit for injunction against him before the court for restraining him from using your space .
1. You should have lodged police complaint earlier.
2. Now, whenever they threaten you, arrange to secretly take video recording of their such threats without their knowledge.
3.Theteafter lodge a police complaint against them. If police refuses to register FIR against them file a Writ Petition against police inaction making them private parties praying for direction upon police to register FIR against them based on your complaint and act as per law.
4. You have stated that both your father and your neighbour are on bail. What are the charges levelled against your father? Is it a bail availed from the police station giving an undertaking of good behaviour?
You can only contest it and file a complaint that false implication is being done by them by filing multiple cases
