Question:
We live on rent in our elder sister’s house with our younger sister, who is divorced. Our elder sister’s brother-in-law is creating constant trouble. He spies on us, spreads false accusations, and recently threatened to harm us physically. He even threatened to file a false case of abuse against us. My elder sister and younger sister feel unsafe due to his behavior. Can we file a GD or case against him? How do we ensure legal action is taken promptly to stop his threats and harassment?
Answer:
You have several legal options to address this harassment and ensure your family’s safety. Here’s what you can do:
1. File a General Diary (GD):
A GD is the first step to document the threats and harassment. Visit the nearest police station with details of his behavior, including dates, threats, and any evidence (audio recordings, messages, or witness accounts). Clearly state that his threats are causing fear for your family’s safety. The GD will act as an official record and can be referred to if further action is required.
2. File a Criminal Case for Threats and Harassment:
If his threats escalate or physical harm occurs, file a case under sections of the Penal Code addressing:
- Criminal intimidation (Section 506): Punishes threats of harm.
- Assault (Section 352): Punishes acts of physical aggression.
- Defamation (Section 500): Covers false accusations damaging reputation.
Consult a lawyer to draft the complaint and ensure it is detailed and factual.
3. Protection for Women:
If he files a false case of “woman abuse,” your younger sister and family can counter it by:
- Presenting evidence of his harassment and false accusations.
- Filing a case of misusing the legal process (Section 211) against him if proven false.
4. Use of Local Authorities and Mediation:
Contact local authorities, such as the Union Parishad or a respected community leader, to intervene and mediate. This can sometimes de-escalate situations without formal legal action.
5. Action for Past Crimes:
If his past crimes, like theft, are relevant, mention them in your GD or case to show a pattern of behavior. However, law enforcement usually focuses on the current issue rather than past actions unless directly connected.
6. Assistance from RAB or Law Enforcement:
While RAB may not get involved in personal disputes unless there’s evidence of significant criminal activity, local police are the primary authority for filing a GD or case.
Steps to Take Now:
- Visit the nearest police station to file a GD immediately.
- Gather evidence such as threats, witnesses, or past incidents.
- Consult a lawyer to ensure legal procedures are followed correctly.
- Avoid engaging directly with him to prevent further provocation.
The law in Bangladesh provides protection against threats, intimidation, and harassment. Act promptly to safeguard your family’s safety and peace.