Team Legistify | Legistify

Team Legistify
Answered on 03 Mar 2020

You may file an application for transfer of matter with the court, but the discretion to actually transfer the case would remain with the court which is dealing with the case at present.Read More

Posted on 21 Jan 2020 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 27 Aug 2019

in such case, you have to go to the police for filing an FIR and if they have got interim bail as well, the criminal lawyer you hire can take your case further and file a case of harassment for the same.Read More

Posted on 23 Aug 2019 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 24 Aug 2019

You can file the complaint under CrPC section 154 (3) before the Superintendent of Police. If he fails to take the cognizance of your complaint as well, then you can file an application under Section 156(3) of the Criminal Procedure Code to Magistrate with the help of a criminal lawyer in India.Read More

Posted on 23 Aug 2019 | 1 Answer

Advocate Yogesh Navmahalkar | Legistify

Advocate Yogesh Navmahalkar
Answered on 27 May 2019

That's the best evidence at all and you have to give the evidence of the persons who were present with you at the time of the offence.Read More

Posted on 09 May 2019 | 1 Answer

Harini S | Legistify

Harini S
Answered on 23 Apr 2019

You can file a complaint against the neighbour on the ground of grievous hurt. According to section 320 of Indian Penal Code (IPC), 1860 which states that the following kinds of hurt only are designated as grievous hurt:- Emasculation; Permanent privation of the sight of either eye; Permanent privation of the hearing of either ear; Privation of any member or joint; Destruction or permanent impairing of the powers of any member or joint; Permanent disfiguration of the head or face; Fracture or dislocation of a bone or tooth; Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits. Section 325 of IPC, 1860 provides for punishment for grievous hurt and states that, whoever, except in the case provided for by section 335 of IPC, 1860, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. In your case it can be a Permanent privation of the sight of either eye which is a grievous hurt. As your aunt has been badly hurt in her right eye by the neighbour. You can first file an FIR against the neighbour in the nearest police station for committing grievous hurt and if the police refuse to do then file a complaint in the criminal court. You can file the complaint against neighbour with the help of a best criminal law lawyer in India, who will help you and advise you better in your case. The lawyer will help in filing a case against neighbour in the court for committing grievous hurt to you.Read More

Posted on 22 Apr 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Yes, you can be charged with assault and/or battery if you were involved in a fight, even if you were defending yourself. However, if you were truly acting in self defense, the police will take this into consideration and you might not be charged. Even if you are charged, if you can prove that you acted in self-defense in court, the charges against you will be dropped. Make sure that you find a good criminal defense lawyer to present your case in court and prove that you acted in order to defend yourself. Read More

Posted on 19 Apr 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Assaulting a minor carries the same penalties as other forms of assault do, however, if you are charged with assaulting your child or a child in your custody, you can also face the punishment of losing custody of this child. As a result, a restraining order may prevent you from seeing your child and this child may go live with his or her other parent, a legal guardian, or be sent to a foster home. Crimes against children are taken seriously be the court, and you need to make sure that you have a defense lawyer present to make sure that you are given a fair trial. Read More

Posted on 19 Apr 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The answer to this question is situational. You can always use the fact that you feel as though you were provoked as a defense to assault in court, however, depending on the circumstances, you may have taken reasonable or unreasonable action when provoked by the other party. For example, if the other party involved in the altercation was yelling at you, this does not give you the right to stab him or her with a knife. If, on the other hand, a weapon is pulled on you, and you feel that your life is in serious danger, you can act in self defense in order to protect yourself. A judge or jury might feel that you were provoked and you acted reasonably under the circumstanced. Read More

Posted on 19 Apr 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

In some jurisdictions assault is defined as the threat of bodily harm that reasonably causes fear of harm in the victim while battery is the actual physical impact on another person. If the victim has not actually been touched, but only threatened (or someone attempted to touch them), then the crime is assault. If the victim has been touched in a painful, harmful, violent, or offensive way by the person committing the crime, this might be battery. Even a minor touching can qualify as battery providing it is painful, harmful, or offensive to the victim.Read More

Posted on 06 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Aid and Abet means essentially the same thing. Aiding- To criminally assist someone in committing a crime. This may occur in planning a crime or escape from apprehension, as well as actually committing the crime.   Abetting- may occur through encouraging, counseling, or ordering another to commit a crime. Read More

Posted on 03 Mar 2016 | 3 Answers