Fir in house tresspass case-course of action for a common ma

The following course of action is to be adopted in such cases, in the following sequence :-

1. Local Police.

2. SP u/s 154(3) r/w S.36 CrPC

3. Local Metropolitan/judicial Magistrate u/s 156(3) the third is sure to reap good results. 

Consult a good local lawyer. 

@ Dear Sangeeta Ji

A common man, whenever possible should make concious attempts to not practice law on their own. Would you let me perform open heart surgery on your mother ? I did my research by reading a few web sites and documents on the procedure for opening the human heart. 

You are in a predicament and I empathize with your situation. However, you have not painted the complete story. I wouldnt even say it is one sided but an incomplete on sided, that too. If I am a detective, I will first try to understand three key elements of your story:

1. What is the motive of the trespassers ( in trespassing and intimidating your mother ? ). What interest do  the trespassers have in committing the crime that you so claim ?

2. What means were employed by the trespassers in intimidating ? Was it verbal ? 

3. When was the oppurtunity created to trespass ? 

In your story, you state that the defendents( trespassers) came with the police which indicates that the local police is already hand in glove with the police. 

I would not recommend rushing to the courts but explore a peaceful meeting and discussion with the trespassers and understand their requirements. Perhaps, it is a matter of logisitcs and you can negotiate matters with the other party. If you obtain court orders, it may further intimidate the trespassers and hurt their criminal ego. 

You may jeopardize your mother and aunts safety. Dont go to the doctor without sickness. 

All the very best. 

Adam

Addendum 

1. The minutes of the peaceful negotiations and meetings could be documented and produced as evidence to show the courts that you attempted a peaceful out of court settlement. 

2. Please buy life insurance for your mother immidiately. 

Peaceful solution of any problem is always far superior to any violent solution. Having said this I would strongly object to your oblique suggestion about becoming a defenseless victim of violent crime by buying life insurance. It is better to be judged by twelve than carried by six. Sections 96 to 106 IPC flow from the fundamental right of self defense in Article 21 of Constitution. When faced with situtations as mentioned in Sections 96 to 106 IPC, person is allowed to take law in his own hands for self defense and immediately enforce the law of self defense. Section 103 IPC talks about house breaking by night, house tresspass etc.

The Indian Penal Code was written by its principal drafter, Thomas Babington Macaulay. So true were his observations about the helpless slave mentality of Indians which are manifested even today. Notes of Thomas Babington Macaulay, accompanying his draft code: In this country … the people are too little disposed to help themselves; the patience with which they submit to the cruel depredations of gang-robbers and to trespass and mischief committed in the most outrageous manner by bands of ruffians, is one of the most remarkable, and at the same time one of the most discouraging symptoms which the state of society of India presents to us. Under these circumstances we are desirous rather to rouse and encourage a manly spirit among the people than to multiply restrictions on the exercise of the right of self-defence....

Yes I agree, if people will submit to those who are engaged in unalwaful actiivties, it will only encourage them.  He the Anna Hazare feared of those people, people could not raised their voice against corruption.