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Viraj Patel   16 February 2021

using obscene words and act on me

There's one rickshaw driver whom i refused to take a ride after i heard the fare from him..he came out of his auto and forcefully drag me into his auto and using abusive words against me while pulling me with him..what to say when i goto police station???


 5 Replies

Gaurav Rawtani   16 February 2021

narrate the incident and make sure you know about the details of that auto and owner or driver of that particular Auto.

if Police fails to lodge an FIR in the case then you can approach the relevant court via formal complaint.

Viraj Patel   16 February 2021

That's the problem i don't have any details of that auto driver except his face, actually he had parked his auto far from me so,i couldn't even tell them that they checked CCTV of that incident for me. it happened at cross road near city's local bus station at the evening..

Kevin Moses Paul   17 February 2021

According to the situation you've explained above, I can understand what you've been through. These types of acts take place everyday near around us, but are not reported due to lack of self-awareness among the people regarding the procedure that needs to be followed up when facing an incident like this.

This is truly an act of stupidity and nuisance. One individual isn't supposed to use force or assault someone in order to make another person do something.

In order to get justice you must approach the police station complaining and registering an FIR regarding the person. Even though you're not aware of any details regarding the offender still approach to register the complaint with as much input as you have regarding the entire scenario.
Moreover, lay emphasis to the police to check local CCTV recordings in order to identify and upheld the offender.

This would help them to identify the offender whenever he commits another offence like this in future.

Therefore, you may register your complaint on behalf of few provisions given below of the Indian Penal Code (IPC), 1860 :-

# Section 290 - Public Nuisance
# Section 294 - Obscene Acts
# Section 349 - Force and
# Section 351 - Assault

The above given sections of the Indian Penal Code are illustrated below for your reference.

# Section 290 IPC deals with punishments rewarded for committing public nuisance.

The section further states that -
"Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees".

# Section 294 IPC deals with obscene activities (i.e. songs and acts).
This section states is applied to anyone who fulfills the given two criteria/conditions provided below:-

(a)  does any obscene act in any public place, or

(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either descripttion for a term which may extend to three months, or with fine, or with both.

# Section 349 (IPC) deals with Force. According to the section a person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of mo­tion, or cessation of motion as brings that substance into con­tact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other’s sense of feeling.

Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter de­scribed.
1.) By his own bodily power.

2.) By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person.

3.) By inducing any animal to move, to change its motion, or to cease to move.

# Now, comes Section 351 which deals with 'Assault*.
This section states that - "Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault."

Hope it all helps and you seek justice.

Regards
Kevin M. Paul
1 Like

Viraj Patel   17 February 2021

Thank you so much SIR for these information now,i can confidentiality goto police station and lodge my FIR.

Kevin Moses Paul   18 February 2021

I'm glad it helped and you felt inspired. Hope you get justice soon.

Thank You

Regards
Kevin M. Paul
1 Like

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