Assault & manhandling
Murali
(Querist) 17 May 2013
This query is : Resolved
A friend of mine has a farm near Bangalore.
The neighboring land owners always drive their sheep for grazing to his farm in spite of several warnings. Recently when their sheep entered his farm in his presence he drove them pelting stones. One of the young sheep while trying to jump to their farm through barbed wire got injured. At this point the neighbors jumped to his farm and hit him black & blue, and demanded that he should pay compensation for the injury caused to their sheep.
He has decided to lodge a complaint to the police. Under what section the police will book a case against those who have assaulted/manhandled him? Will they arrest the culprits?
Advocate Ravinder
(Expert) 19 May 2013
If the injury is mild, it will be booked under hurt (Sec. 319 of IPC). If the injury is there is severe, it will be booked under grevious hurt (Sec.320 of IPC). If the injury is made with dangerous weapons Sec. 324 attracts. They will arrest him. But as all the sections are bailable, they will get bail easily. The main case will continue.
Advocate Ravinder
(Expert) 19 May 2013
Thank you Prabhaker sir for your appreciation. I am very poor in crl. law. I just started reading criminal matters in the court vacations.
Raj Kumar Makkad
(Expert) 19 May 2013
Ravinder has fogotton section 452 and 506 of IPC which also do attract in the given facts and 506 IPC is non-bailable in many States like Haryana.
Raj Kumar Makkad
(Expert) 19 May 2013
A complainant should not mention the sections in the application made to police rather the incident should mention and it is the job of the police to insert the sections. If there is some grouse, the same can be meted out before police at the time of framing charge and on subsequent trial.
Advocate Ravinder
(Expert) 19 May 2013
Makkad Sir, I have gone through the sections 506 and 452 of IPC. Sec. 506 it is punishment for criminal intimidation, I agree.
But relating to Sec. 452 is concerned, I slightly differ. Here the intention of the neighbours is not to tresspass. There main intention is to hurt that person. For that purpose they have to tresspass the house. It is incidental and not intentional. So, the element of intention to tresspass the house is not to be seen.
Regarding mentioning of sections it is absolutely correct. It is the duty of the police. I have forgotten to mention that fact.
