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Khushi   07 August 2024

Neighbours issues

My neighbours has scatched my car with his keys all over.What steps should I take?



Learning

 4 Replies

P. Venu (Advocate)     07 August 2024

First of all, try to settle the amicably through mutual funds. If not successful, you serve a legal notice demanding the damages for  losses you have suffered.

T. Kalaiselvan, Advocate (Advocate)     08 August 2024

Do you havce evidence to prove that he only damaged your car?

If yes, then secure the evidence and inform him that he has to pay for the damages he caused or to face legal action through police.

If he is still arrogant and adamant then on the basis of the evidence in your possession you may lodge a crtiminal complaint against him with the local police.

Once the police summons him, he will come for a compromise as well as for compensating towards the loss you suffered.

Dr. J C Vashista (Advocate )     08 August 2024

It is a minor issue and not a legal dispute, it is better to settle it amicably with intervention of neighbour(s), if required. 

Saloni Pande   08 August 2024

Whoever intentially hurts or provokes a person intending him to cause to break the public peace or commit any offence  such person can be punished under Sec 504 of IPC , 1860 and sec 427 of IPC for mischief causing damage to the amount of fifty rupees or more shall be punished with imprisonment for a term extending to two year or a fine or with both.

In simple words the purpose of this section is to prevent a person from using insulting / abusive language which would lead to provocation and the person would break the peace. It is not necessary for there to be an actual damage of peace for commission of any offence under this section (sec 504 IPC)

The ingredients essential for the commencement of this offence are

The accused has intentionally insulted you

The insult is in a manner that provokes the agrrevied person

The accused having knowledge that the person being provoked would break the public peace or commit any offence


To establish responsibility under this section it is essential to prove that the accused person acted in a way to provoke and insult the vivtim.

To establish responsibility under Section 504, IPC for a provoking insult, it is necessary to prove that the accused acted with the deliberate intent to provoke and insult the victim. When evaluating intention, one must determine if the selected insult could cause a breach of the peace or the victim committing an offence, taking into account the situation, background, and circumstances. Rather than focusing on the complainant's actual response, the court considers the impact of the abusive language in normal circumstances. The nature of the insult is a question of fact rather than law, and the intention to offend differs based on the particular facts and circumstances of each case.  


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