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Shailesh (Businessman)     23 June 2021

I had punched a classmate and gave him a black eye who was abusing my parents when i was 15. what charges can be filed against me?

When I was 15 years old and used to study in class 10, I joined a group in class for science symposium presentation.

A member of that group and a classmate started criticizing my presentation skills without providing any evidence for the same. After that, he started abusing my parents continuously. I ignored him for few minutes but he kept on swearing non-stop.

Therefore, I punched him and gave him a black eye to make him shut up. The school coordinator said that it is a serious offense and could invite legal action from the Police.

What type of sections from IPC or any other law could be filed against me and that verbal abuser? Pls reply by mentioning Acts, sections etc.


Learning

 8 Replies

Sudhir Kumar, Advocate (Advocate)     24 June 2021

how old is the matter.              

1 Like

G.L.N. Prasad (Retired employee.)     24 June 2021

First do not be disturbed with your own doubts, sparked by others, and never repeat the same, as it may seal your further career in Govt Jobs.  Police have many jobs to do, and they may at the most call you and your parents to PS, warn or give a slap to please the complainant, get an apology letter from you without registering a complaint.  Be careful in the future and do not be provoked by others, have your emotions under control as you have stepped into teens now.

2 Like

Nirali Nayak   24 June 2021

Hello sir, greetings of the day.
As per your query, there are laws against verbal harassment as well as against for punching someone in Indian Penal Code.

Section 294 of the Indian Penal Code lays down the punishment for obscene acts or words in public. It states that whosoever causes annoyance to others, and does any obscene act in any public place, or sings, recites or utters any obscene song, ballad or words, in or near any public place, would be punished with imprisonment of for a term which may extend to three months, or with fine, or both.
Section 352 of the Indian Penal Code lays down the punishment for assault or criminal force otherwise than on grave provocation. It states that whosoever assaults or uses criminal force on any person shall be punished with imprisonment which may extend to three months or with fine or both. 
Also section 358 of Indian Penal Code defines assault or criminal force on grave provocation. Whosoever assaults or uses criminal force on any person on grave or sudden provocation done by that person must be punished with simple imprisonment for a term of one month or fine or both.
These are the sections of Indian Penal Code which can be filed against you and the verbal abuser. 
Hope this solves your query.
Regards
Nirali Nayak
Law Student

1 Like

G.L.N. Prasad (Retired employee.)     24 June 2021

@Nirali:  The queriest is also a student like you, and appears to be sensitive and was worried about the repercussions.   All these sections/punishment only the other party goes to Police Station and complain it.  A considerate SHO, even he is sadist/unkind,  never registers such a complaint, Please avoid quoting sections and punishments, as such sensitive persons during depression may frighten further and may want to escape from......

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 June 2021

There is no case registered agaisnt you.

If at all they wanted to file a case against you they could have done it long ago when you were 15 years old then and not as an adult now, especially when you have already completed your school education and even might have completed the college education or being employed as this stage.

As no action taken by the school authorities or by the parents of the schoolmate at that time, there is no case maintainable at this belated stage.

G.L.N. Prasad (Retired employee.)     07 July 2021

God bless you , your parents and teachers. Mr.Shailesh.

Kevin Moses Paul   31 July 2021

Since you got involved in the fight with your classmate when you were 15 years old, there's no way that you'll be facing any issues with the matter.

The school coordinator would have mentioned about "Police" to you in order to scare you off such that the situation isn't repeated, but there's no way police is going to take any action against you for fights like these (especially due to age factor). Moreover, such fights do take place among boys during school days and it's not a big deal, and it is the responsibility of school administration to handle such issues and not police.

So be sure, there's no problem that might come across your way for such a fight in school.

Hope It Helps

Regards
Kevin M. Paul

Sudhir Kumar   31 July 2021

not stated how old is the mtter


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