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RAs long as you aren’t deliberately driving over them and the only way out is through them, you’re fine. Just make sure to drive slowly, such that you can argue that they had the option to get out of your way but chose not to.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.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.
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.
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.
RYou should resign. You’re going to ruin some client’s case with such bad understanding of the law.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.
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.RI don’t care about superiority. I care about not letting advocates mislead people on a subreddit where people come to get legal advice.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.
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!
RYour sister is having a golden opportunity of escaping her hell. Sue for maintenance and live separately.
