Upgrad LLM

charges for slapping someone


Today morning, someone unknown people were in front of my house with nets catching dogs in a very abusive way. There was no intimation to us residents or any formal complaint by anyone. Since I personally take care of those street dogs, I intervened and slapped one of the guys who was doing it and asked everyone to stop it. They later identified themselves as contractors of BBMP(Bangalore civic service agency) and were contracted to catch dogs for sterilization program. They took a picture of my house and stated that he will take this up with his senior since I slapped one of his people.

If they do register a complaint, it the law a bit on my side too?
 
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ha21@rediffmail.com Mumbai : 9820174108

1. "contractors of BBMP"  while on duty on behalf of BBMP, are "deemed Govt. Servants".

2. It is criminally prosecutable offence to slap and restrain govt. servants from performing their duty.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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Sir

After reading your query, I would like you to know that purposely touching or applying force on other persons or things related to the person without his consent with the intention to harm the person is known as a battery. So, a complaint of battery can be filed in the present case,

There are two defences available to you.

1. Self Defence 

Self-Defense is the most common defense which is used in assault and battery cases. It means to protect yourself from unlawful force implied by other people. In this defense, it is to be proved that the defendant was safeguarding himself from the unlawful force of the complainant. But in this case, the defendant must prove that he did not provoke the other person and there was absolutely no other way to save himself. 

Essentials of self-defense are:

  • The threat of unlawful for or damages.
  • Reasonable fear of harm.
  • No provocation by the accused.
  • No other way to save himself

2. Defense of others

This defense is similar to self-defense, as in this defense the defendant is trying to save another individual, not himself. In this defense, there must be an honest and reasonable fear of harm to another person. 

This defence is more applicable in this case.

Hope this helps 
 

Regards

Meghna Mishra

 
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Absolutely Mr. Mishra
 
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Dy Director

Originally posted by : Pranav Shandilya
Today morning, someone unknown people were in front of my house with nets catching dogs in a very abusive way. There was no intimation to us residents or any formal complaint by anyone. Since I personally take care of those street dogs, I intervened and slapped one of the guys who was doing it and asked everyone to stop it. They later identified themselves as contractors of BBMP(Bangalore civic service agency) and were contracted to catch dogs for sterilization program. They took a picture of my hous  and stated that he will take this up with his senior since I slapped one of his people. If they do register a complaint, it the law a bit on my side too?

 

"There was no intimation to us residents" Not needed

"any formal complaint by anyone" Not needed

"I personally take care of those street dogs" This does not entitle you to expose the other residents to the menace of stray dogs and to prevent public authority from committing lawful duties.

"I intervened and slapped one of the guys "  Pure street bullying. 

It is not merely slapping which is covered under s/323.  You have obstructed public servant. B're MC Act must be having some provision relating to obstruction of municipal services and also for obstructing containment of menace or suspected infection.

"it the law a bit on my side too"  Not at all.  Better meet the guy and higher officers and beg for mercy. 

 

 
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