NeXT said:
You are getting confused. See a consumer can do two things :
1) Can go to Criminal Court
or
2) Consumer Court
When you file an FIR, it becomes a criminal case.
You are right... But he is a consumer as well as a victim of a crime against the human body.
So, he can resort to both Consumer (civil) remedy as well as a criminal remedy.
Now, it is easy to get the Consumer court remedy but he cannot get any criminal action against the offender in the consumer court. For that he'll have to get a criminal case registered separately which cannot proceed without an FIR.
Only other option for a criminal remedy would be for the OP to file a Private Complaint in the Court of the Judicial Magistrate First Class having jurisdiction in the area where the OP resides.
In this case, the Police will be directed by the JMFC to investigate the matter and report under Section 156 (3) of the Code of Criminal Procedure. Thereafter, based upon your statements and the investigation reports, the culprit is sentenced to fine or imprisonment or both as the case may be.
If you have any injuries that are visible, it is now the time to go to a govt. hospital and get a medical examination done and certificate for the injuries obtained.
@ Hades.: That's why 'I said I wish I were there...' so that I could personally ensure that the case was not fooled around with.
@ Lord Nemesis: You are correct. But unfortunately, our legal system is a bit biased towards the dead/injured even if they are killed/injured in exercise of right of private defense. People end up getting in big trouble irrespective of it being their fault or not.
My Sensei still has a Private Defense case going on (it's been 4 years now) and he had not killed anyone. Just caused grievous hurt in the course of duty. He is with the Airport Security.
I wouldn't be wrong in saying that he is the most non violent and peace loving person I have met in my life ever. Despite being a Martial arts guru, he always advocates peace and use of martial arts training only in cases when you have no other option but to bring down your opponent.
And that is why I said that the OP is no Coward. Coz even my Sensei would say "If you get hit, control the urge to hit back... Remember, if you hit back, he (your opponent) might be in some real trouble!!"
Imagine him causing hurt to someone in private defense and his case still remaining pending... Did I mention that he was under suspension for 3 months following the incident...
