- 19-Jul-2025
- Marriage and Divorce Laws
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.
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.
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.
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.
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.
Elderly women (especially widows or dependent mothers) can seek protection under this Act. Police must act on complaints involving domestic abuse or neglect.
If the abuse reported is non-cognizable, the police will record the information and seek permission from a magistrate to begin an investigation.
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.
Many elders live with their abusers and fear escalation if they file a complaint.
Elders may not know their rights or how to approach authorities.
Financial or physical dependence on the abuser can deter action.
In some cases, police may avoid registering FIRs due to social pressures or dismiss complaints as family matters.
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).
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.
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.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Cyber and Technology Law. Learn about procedures and more in straightforward language.
