2 Answers
Dear Client,
Causing grievous hurt to a person constitutes as a cognizable offence under the Indian law. Section 116 of the Bharatiya Nyaya Sanhita (BNS) defines grievous hurt and expressly includes under clause (g) fracture or dislocation of a bone or tooth along with injuries that cause long periods of severe pain or inability to perform ordinary activities. Section 117 of the BNS mentioned voluntarily causing grievous hurt, and the accused can be punished for the same if he is found to have caused the hurt intentionally. If he used weapon or dangerous means, Section 118(2) will apply and this constitutes a non-bailable offence. This cognizable offence must be reported as an FIR for the police to investigate under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The practical course of action will be to get the 79-year-old to the nearest hospital that does medico legal cases and insist that a medico legal certificate be prepared and signed. The examination of dentist along with intraoral photographs, an OPG, dental x-ray and a formal dental injury report may be prepared. Take photographs, videos of the assault along with the date, time and location of assault. If there is a risk of further violence or intimidation, ask to apply to the Magistrate for interim protection and safety measures. When the prosecution is filed, the 79-year-old can seek from the court to award compensation under Section 395 BNSS and can apply for State Victim Compensation under Section 396 BNSS. I hope this helps in solving your query, if you have any further doubts, please feel free to reach out.
Dear Sir,
Get medical treatment immediately and obtain a medical certificate / wound certificate from the hospital.
File an FIR at the local police station describing the assault and injury.
Provide:
Medical records
Photographs of injuries
Witness statements (if any)
The police will register the case and investigate.