Legal remedies against abuse and assault by a mentally unstable person

Question

► "If a mentally unstable and aggressive person repeatedly abuses me with filthy language without any reason, and once he even physically attacked me and broke my finger, and because of all this I am suffering from mental harassment, what legal remedies are available against him under Indian law? Can the police or court take action to protect me even if he is considered mentally ill?"

Answer 1

Dear Client,

Any individual can lodge an FIR under this law. The law is peaceful for persons of unsound mind since they are protected under Section 84 of the Indian Penal Code (also, Section 22 of the Bharatiya Nyaya Sanhita); nonetheless, a court must deem a person of unsound mind, although this would not hinder the police from acting. In some cases, it is possible to lodge complaints under the relevant provisions of law regarding the crimes of grievous hurt (fractured finger, for example) or harassment. In addition, law enforcement agencies or the Magistrate can invoke the provisions of the Mental Healthcare Act, 2017, and send him for examination or get protective orders issued. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Legal remedies against abuse and assault by a mentally unstable person

1 Answer