Legal - one of our client who is old around 80 years
9 months ago
Hi one of our client who is old around 80 years comes to our office talk loudly and sort threatens us for his delayed project due to COVID and other reasons like payment not done in time to vendore. We are trying to complete his work but he visits our office talks very rudely to Management and sort of take some money for his installment. We are scared of something happens to him in our premises or any other place then who will take that responsibility. We cannot continue like this and in case something happens to him when he is with our management or project team then what precautions we should take to safeguard us. Even his daughter also come and say lot of things.can she claim or file a criminal case against us if his father expired saying he died because of delay of project
Please send a legal notice to the client. If that doesn't work out, please file a complaint against him under the following sections
Section 504 of IPC provides -
Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
2. Section 506 of IPC provides for punishment for criminal intimidation as
Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Section 499-Defamation.
You can also obtain an injunction order against him.
In India there is no scope of restraining order but it could be issued in the form of injunction under Civil laws. An injunction could be temporary or permanent. An injunction stops a person or an organisation from continuing any activity. For the criminal matter you should file complainant to magistrate or FIR with police after case is heard then judge can pass a restraining order.