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BThere is a girl in our family. This educated girl, when she was a minor, had once nicely talked with one guy (also in our family). This desparate guy thought it is an attraction and started to have feelings for her. But this girl was just being casual nice like she does with everyone else. This innocent girl had even messaged him on whatsapp to get some family photos taken during marriage. He thought it as advances.
However when she noticed he has been following her to the college, she felt someting is off and reported it to her parents.
And the girls parents asked the guy to come home and questioned why he was stalking the girl. The guy would say that they are in love when the girl was clearly rejecting it (while also insulting the guy). This guy has a history of being characterless all his life. And we know the girl is highly educated and has a practical outlook towards life and even if she falls in love, it will never be for a chappri like him.
[Kidnap threat] The girl’s family had scolded the guy and sent him off. And on this day he had challegened the girls family that he will take the girl out by force and marry her no matter what. Basically and kidnap threat (there is a video proof of him giving kidnap threat)
[Stalking] Now after 2 years of silence, this guy came to girls house again and was staring the house cautiosuly. The stare didnt look like a he had any good intentions. And the girls mother saw him he would run away and again came back 2-3 times (stalking) which was very scary for the girls family(There is cctv footage of this). The girls family is very scared that he plans to do something.
[Murder Threat] He later called the girls father and said that he will marry only and only this girl and nobody else. And threathened that he will kill all the family members and the girl’s future husband if they marry her off to any other man (there is call recording for this)
We have convincing evidence to sue this hooligan. However this is a mad man. So the girl’s family fears he might doing some great harm after getting released from jail.
Need your help in following:
1. Given the above incidents and proofs what will be the minimum and maximum punishment that he can get from the court.2. How can the girls family legally protect themselves from any future nuisance that this guy can cause
3. How can the girl ensure that there will be no chaos caused by this guy in her future wedding (she wants to marry only after education and getting a stable job)
4. Any other recommendation on how to deal with this guy (This guy is not very powerful in terms of money. But he may have few crazy friends who can support him in any madness)
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BLawyer here, based in Delhi. This is a serious case involving threats of kidnapping, stalking, and criminal intimidation, and it is good that there is video and audio evidence. The girl’s family can and should file an FIR immediately under relevant provisions of the IPC. The minimum punishment depends on the exact charges invoked, but kidnapping threats and criminal intimidation involving death threats can attract significant jail time. To protect themselves, the family can seek a restraining order or personal protection order from the local magistrate. The girl can also request police protection, especially around her wedding or public events. The family should document everything, avoid any private confrontations, and report any further incidents immediately.
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B>but kidnapping threats and criminal intimidation involving death threats can attract significant jail time.
What can be the approximate number of years/months of punsihment?
Can it be bailable ?
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BCan we also request the monetary compensation from him for destroying the girl’s and family’s peace state of mind. This has resulted in reduced focus at job.
Can the legal fees also be claimed in the case. This guys is economically weak, if he is not able to pay the monetory compensation, what can be the next step?
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BYes, compensation is possible, but there are a few things to understand. In criminal cases like this, the focus is mainly on punishing the offender. Courts sometimes award victim compensation, especially when there is emotional harm or disruption to life. However, the amount is usually limited, and if the accused does not have money or property, the chances of actually receiving anything significant are low.
If the family wants to seek proper compensation for the stress, loss of peace, or legal expenses, a separate civil case can be filed. That can also include a request for a permanent restraining order to prevent future harassment. But civil cases take time and need evidence, and again, if he has no means to pay, enforcement can be difficult.
Right now, the priority should be filing an FIR and ensuring the girl and her family are protected. Compensation can be explored later, but expectations should be realistic, especially if the man is not financially stable.
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