Answer By law4u team
Elder abuse is a serious and growing concern, often hidden within households. Abuse can be physical, emotional, financial, or due to neglect. The Indian legal system recognizes the vulnerability of senior citizens and offers protections under various laws. One of the most crucial steps in addressing abuse is the prompt registration of an FIR by the police, ensuring the issue is formally investigated and justice can be pursued.
Legal Obligations of Police in Elder Abuse Complaints
Mandatory FIR in Cognizable Offenses
As per Section 154 of the Code of Criminal Procedure (CrPC), police are legally bound to register an FIR in any cognizable offense, including those involving elder abuse such as physical assault, criminal intimidation, or financial exploitation.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
This Act specifically protects elders. While it focuses on maintenance, it also supports protection from abuse. Complaints under this Act can be made to the police or Maintenance Tribunals.
Supreme Court Rulings on Mandatory FIRs
The Supreme Court of India has ruled that police must register FIRs when a cognizable offense is reported, without conducting a preliminary inquiry. This applies equally to cases involving elder abuse.
Role of Senior Citizen Helplines and Special Cells
Many states have dedicated elder helplines (e.g., 14567 in India) and special police units to handle senior citizen issues. Complaints received through these are forwarded for FIR registration and investigation.
Protection under Domestic Violence Act (2005)
Elderly women (especially widows or dependent mothers) can seek protection under this Act. Police must act on complaints involving domestic abuse or neglect.
Non-Cognizable Offenses and Magistrate Orders
If the abuse reported is non-cognizable, the police will record the information and seek permission from a magistrate to begin an investigation.
Accountability for Police Inaction
If police refuse to file an FIR, the elder or their family can approach higher officers, file a complaint under Section 156(3) CrPC before a magistrate, or approach human rights commissions or senior citizen commissions.
Common Challenges Faced by Elders
Fear of Family Retaliation
Many elders live with their abusers and fear escalation if they file a complaint.
Lack of Legal Awareness
Elders may not know their rights or how to approach authorities.
Dependency on Abusers
Financial or physical dependence on the abuser can deter action.
Delayed Police Response
In some cases, police may avoid registering FIRs due to social pressures or dismiss complaints as family matters.
Steps Elders Can Take
Call elder abuse helpline (e.g., 14567 in India) or visit the nearest police station.
Provide written complaint detailing abuse with any proof (photos, medical reports, witnesses).
If police refuse to register FIR, approach SP or file before magistrate under CrPC Section 156(3).
Reach out to NGOs, senior citizen forums, or the National/State Commission for Older Persons.
Seek legal aid through District Legal Services Authorities (DLSA).
Example
An elderly father in Delhi complains that his son has been verbally abusing him and recently withdrew money from his account without permission. He visits the police station, but the police delay registering the FIR, saying it’s a private family matter.
Steps the father should take:
Insist on registering an FIR, citing the Supreme Court’s ruling and Section 154 CrPC.
Mention the Maintenance and Welfare of Parents and Senior Citizens Act, which mandates protection of elders.
Submit a written complaint and keep a copy as proof.
Approach the Deputy Commissioner of Police (DCP) if the SHO refuses.
File an application under Section 156(3) CrPC to a magistrate requesting FIR registration.
Report the incident on the elder abuse helpline (14567) and to the Delhi Commission for Senior Citizens.
