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UI (21M) was at the SBI bank to deposit some money through my ATM card. There was a queue at the counter and the card machine was empty. I asked the bank employee if the machine is working or not then he said yes it is working. i proceeded to insert my card in the machine and someone from the queue told me that there is a line. So i said the machine is empty if u wanna use it u can use it first. He didn’t respond so i proceeded to do it again he pulled me back and put his hands on my shoulder, i immediately said “Touch kr k mt baat kro” (Don’t touch me). He immediately slapped in the bank premises i put some defense but he grabbed my hands. I told him that he is an Asshole and i went to the manager and told her to take action. I want that moron to suffer. What should i do? Bank hasn’t taken any action yet. I want your advice.
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DDamn. I was reading this from Dubai thinking this was dubai sub. mis-read SBI as SIB here. And thought who had the balls to slap another person inside a bank here.
Then i read legal advice india.
Take that slap and go home buddy. dont waste your time for anything else. You go to police and they will take some cash from you promising action.
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DAdvocate here. I am sorry about what happened with you. I know it’s deeply troubling. But Id give you genuine advice. Nothing is going to happen. You can try filing an FIR, but it would be a really tedious task in itself. Just a tip- next time something of this sort happens, hit back. Because nothing is going to happen either way on just ‘complaints’
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UHit back? For real? What if they take the pains to go file an fir themselves?i genuinely want to know why you said this
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URespected sir,
Please enlighten more on this Right to private defence, and how to securely hit back -
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RAre you insane, dude? What shit advice is this? Right to private defense can only be invoked during your trial.
Do not listen to this dumbass advice, people. If you hit someone, even in self defense, and if they’re pretty enough to file a complaint and then follow it up in Court, you will have to engage an advocate and deal with criminal procedure for 10-15 years, where you will have to prove to the satisfaction of the Court that you attacked in self defense.
Also, hitting someone when they have hit you does not fucking constitute as self defense! Self defense is when you hit someone to prevent them from hitting you!
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DHow do you suddenly jump in on my comments that get any traction and try to establish your superiority. Is it a conplex of some sort? Can you use civil language and have a conversation like normal people do or is it absolutely important for you to be ‘right’?
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RDo not listen to him. I’m a lawyer and his advice is shit. You cannot hit people back and claim self defense. Self defense is when you hit people to prevent them from attacking you. Attacking in vengeance is not the same.
If they file a complaint, the police will do nothing, but if they then go to Court and file a private complaint, get ready to deal with criminal procedure for 10-15 years, where you will have to prove to the satisfaction of the Court that you attacked in self defense. Except, you can’t prove that, can you? Because hitting a person who has stopped hitting you isn’t self defense.
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RThat would be fine, as long as there is reasonable apprehension that if you don’t use it, the person will continue to hit you.
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USo when someone hits you and try to hit again then based on your arguments you can hit them back on self defense as you are preventing them from attacking you. Without someone attacking you first you don’t even know whether they have the intent to do it. This is what the other advocate is also saying.
Moreover, as an advocate, I don’t think our indian courts take slapping each other so seriously to warrant a criminal procedure for 10-15 years. This is over exaggerated.
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RThat is not what I am saying. I am saying that you can only hit to prevent someone from hitting you, not hit people because they hit you, which is what the other guy is saying. It doesn’t matter if you’ve been hit before or not. What matters is whether you exercise reasonable caution. If you cause more hurt than is necessary to defend yourself, you are liable to be punished.
>Moreover, as an advocate, I don’t think our indian courts take slapping each other so seriously to warrant a criminal procedure for 10-15 years. This is over exaggerated.
Then you’re either not an advocate that practices in trial courts, or you aren’t paying attention to what happens around you. I practice in a trial court complex and I see people moving the court to issue process against people for petty fights, petty insults and/or ordinary intimidation, and I also see the judges issuing process, ordering investigation, and holding trial in such cases.
Criminal trial being the shitshow that it is, it takes that long for trials to conclude. It doesn’t matter if it’s a serious case or a trivial one. In fact, the more serious your case, the more likely it will be fast tracked. The courts are bogged down by trivial cases. On an average, the courts here give dates of 2-3 months for each hearing. These things add up and you have trials lasting over a decade.
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UI am saying that you can only hit to prevent someone from hitting you, not hit people because they hit you,
Please read your statement again. If an argument like this is made in court then the opposite advocate will have a lucky day.
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RYou should resign. You’re going to ruin some client’s case with such bad understanding of the law.
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DJust let this person be. They’re going to keep nagging you with their half baked knowledge without realising the fact that ‘reasonable apprehension’ is v v subjective and as a trial court advocate you have got to have the ability to prove that, especially in OP’s case when OP’s been hit first. Be the advocate that gets shit done, your client doesn’t want to know the intricacies of the law. They want a solution.
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R>Judges aren’t dumb
Exactly. They aren’t going to risk losing their promotions and their points just because they think the case is trivial. Under law, every case is required to be given full trial as long as it is prosecuted. Do you think judges refuse to take cognizance of offences just because they are punishable by fine or by less than 2 years imprisonment under the BNS (formerly IPC)? They won’t take the risk that the person might raise a complaint regarding an unjustified refusal to take cognizance of an offence.
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UTwo questions then, if I straight up “defend” myself after someone has slapped me as my knee jerk reaction, what would suffice as defence? Cuz I could kick them hard to keep them away. They might bleed, but that’d keep them away if they’re smart.
Another question: So if they can file a private complaint in court, why can’t the OP? Or can they do it as well? In which case, I’d rather drag them to court than to get my hands dirty, given that the system works and I don’t have to pay people to get justice.
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DThank god someone gets it. Finally.
Youre right, especially your second paragraph. Nobody gives a shit about a slap, might as well give one back, right?
And like I said, the word used is hurt, it could be any hurt that ofcourse the circumstances allow and are proportionate to the hurt you apprehend might have been caused to you. -
R>Two questions then, if I straight up “defend” myself after someone has slapped me as my knee jerk reaction, what would suffice as defence?
Yes, because if it’s a knee jerk response, there is no intention, and in this case, the legal defense you would be taking would not be that of self defense, but of the lack of intention. Regardless, this only matters if the person is petty enough to go to Court and initiate legal proceedings against you. If they do, procedure is punishment.
>So if they can file a private complaint in court, why can’t the OP?
Of course he can. But, as I said before, procedure is punishment. It’s punishment for both sides. In other words, if someone attacks you, you’re fucked if you hit them in revenge, but you’re also fucked if you proceed against him in Court. That’s the legal system for you. Is it just? No. Is it fair? Also no. But does it keep order? Also no.
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UWell, then wouldn’t it make sense to level things up? If we’re both gonna get punished. I might as well take that chance and even things out then and there. Doesn’t that make the most sense? Of course, the court might rule that as revenge. But to a lot of people it might as well be defence.
I know it’s all a bit stupid, but hey that’s the cards we’re dealt, so trying to navigate best based on that.
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RActually, the best thing to do is walk away. The best revenge being a life well lived and all that.
To summarise:
A person hits you, but does not look like he’s going to attack again. You have three options:
(A) Hit back.
(B) File a complaint.
(C) Walk away.
Consequences of picking (A):
Either
(a) the fight will escalate (likely),
(b) the person will file a complaint against you (less likely)
(c) and follow up on it (even less likely), or
(d) he will back off (as likely as him filing a complaint, as people who attack unprovoked usually do not back off).
Consequences of consequences of (A):
(A.a) we are faced with the three choices again, but it is possible that the fight will escalate to the point where either you or your opponent is either killed or badly injured. If this happens, both of you are fucked for good.
(A.b) You have nothing to worry about.
(A.c) The judge will issue process against you. Spend money on a lawyer. Either keep paying the lawyer to get an exemption from appearance each date, or appear before the Court each date. There is a small chance you will be convicted.
(A.d) Yay, you won.
Consequences of picking (B):
You lose time and money engaging a lawyer, who will have to convince the judge to issue process against your aggressor. Spend the next God knows how many years following up with your lawyer to get justice for the hurt you suffered.
Consequences of picking (C):
You have learned to be more careful in life, and live with a slightly bruised cheek and ego, but your life remains on track.
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JThe thing is, we’re saving ourselves from their next attacks. Anyone could argue that, “If I didn’t subdue him, he would have retaliated”. Also, will they file a complaint? Knowing that they did attack first. Also, what’s stopping me from filing a case for myself. Also, how can you prove that the person will stop hitting you exactly after 3 blows? — Retaliation on the spot is a self defense (Non-lethel)
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RAapko jo karna hai woh karo. Baad me pachtao. Hamein isme se bahar rakhiye. Humne hamara kaam kiya gyaan baat ke. Aapko apni lagwani hai toh usme hame koi chinta nahi.
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UYou dont need to look into someone’s eyes to hit them back bro. Punch in the direction of their blur
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