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UTenant’s son slapped me (He even tried to touch my breast 2 times before while passing through the stairs ,which the first time I thought was a mistake because the stairs are congested, the 2nd time it happened my father was very sick so my mother told me to ignore as this will have an effect on my father’s health)
Initially police didn’t even register FIR (after informing me that they will register it and I should go home) and let him out after filing DDR (Daily Dairy Report)
I complained to the SSP (went 2 times), The President, National Women Commission.
And lastly went to the DGP office after which I received the FIR copy in 2 hours (seems like they registered the FIR in back date)
They registered the FIR under 126 and 115 BNS.
But I requested them to add 74 BNS charge as well .
Which they are refusing. They say that they can’t prove it.
Is this normal or are they are again trying to make a fool out of me?
What should I do?
Any suggestions? -
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Uwell …..as per law police is supposed to take cognizance of the same , file an FIR and call for questioning……
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UNo
There is no CCTV in the stairs
But he accepted it in front of the SHO (there are cameras in the SHO office) – the only kind of proof I have -
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UWhat did the NCW say? If the police is refusing to file a particular charge for which you have proof, you should file a complaint against the police with the NHRC (National Human Rights Commission). Tell them you suspect police has taken bribes from the other party.
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UNCW asked for Action Taken Report from the SSP against charges of outrage of modesty/police inaction/ police harassment/violence against women.
After 4 months SSP office replied with that FIR is registered and matter is under investigation.
NCW also organised a Jan Sunwai in my city where the IO, SHO, DSP were present and asked them why aren’t they adding the charge , to which they again said how will we prove
Then in the end DSP said I will look into it and will file file the chargesheet in 5-7 daysAgain no chargesheet has been filed and nobody called me from the DSP office
I feel like again they are trying to make a fool out of me .
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UIf the DSP stated he would file the chargesheet with the modesty charge included, I would say give him time.
The sequence of events is: FIR then Chargesheet. The police takes 60-90 days for the IO (investigation officer) to complete his investigation of FIR and file chargesheet. In my experience it’s closer to 90 days but officially they get 60 days to file chargesheet.
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UThere is a portal to register police complaint/ grievances online, go there and register your complaint keep the reference number with you. It will take sometime to reach the relevant police station and once it reaches there you will get call from station itself.
Also if this doesn’t work then you can hire a lawyer and approach the magistrate for the Same.
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UI have been to the DGP
When I told him the case he said’ okay I will order an investigation , if you are lying we will not add the chargek’.
It’s been 2 months since then, the complaint is with the IO since 1.5 month.And it has been 5 months since the incident .
Ptani konsi investigation kr rha hai IO-
BCops are taking your case lightly because you are women and accused is minor guy but since FIR is already registered, minor will have tough time getting MNC job.
Hire a lawyer. Google criminal lawyer near me. Visit him and talk to him about charges etc and proceed.
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UBNS 126 only valid in court when you were wrongfully restrained and did not have any escape route .( You could have gone one way always as a single person can’t block stairs 2 ways) Which is very hard to prove as this can’t be done so easily and by stopping someone . So this will be very hard to proof and makes your case week .
BNS 115: voluntarily causing hurt …since slapping may be triffling act , it may not turn into punsihment as there is no medical test to proove it
Untill you have some proof , these 2 section are not useful .
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UIf injuries or marks show the same then it’s useful in case . Ideally where 126 comes , 74 also applies . To proof intention to do so , if you have any past historical evidance , like stalking , online messages etc would be helpful .
Police should add 74 as if 126 gets proved , 74 will also gets proved along with intention to outrage modesty . -
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NJust by filling FIR does not help, do you have any recording or witness.
Don’t get me wrong but it looks like your tenant is not vacating and that’s you filed a case.
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UInjuries were reported in the MLR.
I wouldn’t want to get slapped by anybody just so that someone vacates my house.
He accepted it in front of the SHO, PCR police.
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Uhelps the community. would love to know the tenants origin state/place too. Learn from someone else’s mistake. That is another aspect of reddit community, isn’t it?
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SEach state has different rules, laws, and procedures. A response has to be framed accordingly. You have mentioned your state as UT of chandigarh, the most ideal solution would be to write one email per day to the DG, IG of your state, be very careful in what you write, make sure you back it up with sufficient proof, screenshots are not proof, if you have some audio/video recording make sure that the original device in which it was recorded is intact. CC home minister in those emails. If this does not work hire a ethical lawyer to approach high court.
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SOP, If you feel that no action is being taken you can approach a magistrate under Sec. 156(3) CrPC and request an independent investigation or filing of additional charges. Also, maybe take legal advice to see if Sec. 200 CrPC would be a better option ( file a private complaint before a magistrate).
Police inaction is a real problem, but because they deal with so many false or exaggerated cases, they often become skeptical – even when a case is genuine.
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UWhich city is this incident taking place in? If he tried to touch you inappropriately, then why haven’t they added Section 74 BNS (354 IPC)? Ask them what proof they require. Has your statement been recorded? I’m a police officer myself, and it seems like they are under some kind of pressure; otherwise, you shouldn’t have had to struggle this much.
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UChandigarh
Yes the statement is recorded
They just keep repeating the same thing that they’ll have to prove the charge in court -
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