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THE INDIAN EVIDENCE ACT AND ITS IMPACT ON ELDERLY ABUSE CASES

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This article is written by Sonali Patade of 3rd Semester of Jitendra Chauhan College of Law, an intern under Legal Vidhiya

Abstract

The Indian Evidence Act of 1872 plays a fundamental role in guiding the admissibility and evaluation of evidence within the Indian legal system. As India’s elderly population grows, the issue of elder abuse has become increasingly prominent. Elder abuse encompasses various forms of mistreatment, including physical, emotional, financial, and psychological harm. This abstract examines the intersection of the Indian Evidence Act and elderly abuse cases, focusing on how the Act’s provisions influence legal proceedings involving elderly victims. Key aspects include the challenges of proving abuse, the role of witness testimony, and the relevance of documentary evidence. The impact of the Act on elder abuse cases highlights both the strengths and limitations of the current legal framework in addressing this pressing social issue.

Keywords

Indian Evidence Act, elderly abuse, legal framework, admissibility of evidence, witness testimony, documentary evidence, elder protection, legal challenges.

Introduction

The Indian Evidence Act of 1872 stands as a fundamental pillar in the Indian legal system, delineating the principles and guidelines for the admissibility, relevance, and weight of evidence in judicial proceedings. Enacted during the colonial era, this statute has undergone numerous amendments to adapt to the evolving legal landscape of independent India. As society progresses, new challenges emerge, and among these challenges, the protection of elderly individuals has become a critical concern. Elder abuse—encompassing physical, emotional, financial, and psychological harm—has surfaced as a significant issue, particularly as India witnesses a growing elderly population due to increased life expectancy and changing family structures.

In this context, the Indian Evidence Act assumes a pivotal role in the adjudication of elderly abuse cases. The Act provides a framework for evaluating evidence presented in court, including witness testimonies, documentary evidence, and expert opinions. Its provisions directly impact how cases of elderly abuse are handled, from the burden of proof required to secure convictions to the admissibility of evidence that may be crucial in demonstrating abuse or neglect. For instance, the Act’s emphasis on the credibility of witness testimony and the standards for documentary evidence can either fortify or undermine the prosecution’s case, influencing the legal recourse available to elderly victims.

However, the application of the Evidence Act in elderly abuse cases is not without its challenges. The nuances of elder abuse often complicate the presentation and interpretation of evidence, as elderly victims may be reluctant or unable to provide detailed accounts of their experiences due to fear, shame, or cognitive impairments. Additionally, the evidentiary standards set by the Act may not always align with the realities of proving abuse in cases where physical signs are minimal or where financial exploitation leaves subtle traces.

Overview of the Indian Evidence Act (IEA)

Evidence is indispensable in judicial proceedings as it forms the bedrock upon which courts base their decisions. It serves as the means by which facts are proven or established in legal disputes. The law of evidence, therefore, plays a crucial role not only in guiding how evidence is collected and presented but also in ensuring the integrity and fairness of the judicial process. Beyond its procedural aspects, evidence law serves a multifaceted purpose. In criminal cases, it serves a moral imperative by safeguarding the innocent and identifying the guilty, thereby facilitating just outcomes. Conversely, evidence rules also possess the potential to shield sensitive truths from public disclosure in the interest of broader societal concerns. Thus, while evidence law is essential for achieving expeditious and equitable justice, its nuanced application underscores its dual role in both revealing and protecting truths within the legal system.[1]

The Indian Evidence Act of 1872 stands as a cornerstone in India’s legal framework, codifying rules that govern the admissibility and evaluation of evidence in courts across the country. Its inception was shaped by a historical trajectory spanning ancient Hindu and Muslim legal principles, which emphasized truth-seeking and justice. During British rule, disparate local practices necessitated a unified approach, leading to the Act’s formulation by Fitzjames Stephen. This legislation, comprising eleven chapters and 167 sections, delineates criteria for both oral and documentary evidence, guiding procedures in civil and criminal proceedings nationwide, except in Jammu and Kashmir. Despite its age, the Act remains pivotal in ensuring fair trials, though criticisms cite its partial adaptability to contemporary legal challenges and cultural contexts. Nevertheless, its enduring legacy underscores its pivotal role in shaping India’s judicial system and upholding principles of justice and due process.[2]

What is Elderly Abuse?

Elder abuse, also known as abuse of older adults or vulnerable adults, refers to any intentional harm inflicted upon a person aged 60 or older. This harm can take various forms, including physical or emotional pain, neglect, or financial exploitation. The perpetrators of elder abuse are often individuals who are closest to the vulnerable adult, such as family members, caregivers, or trusted acquaintances.[3]

Abuse can occur in any setting, whether at home, in nursing homes, assisted living facilities, or within the community. Its impact can be devastating, causing serious risk and harm to the physical health, mental well-being, and financial stability of the elderly person.

Recognizing the signs of elder abuse is crucial. These signs may include unexplained injuries, sudden changes in behavior, withdrawal from social activities, poor hygiene, unpaid bills despite adequate funds, or unusual financial transactions.

Below mentioned are various types of elderly Abuse:

Physical abuse against elderly individuals involves the deliberate use of physical force that results in bodily injury, pain, impairment, or any form of physical suffering. This type of abuse can encompass a range of actions, from slapping, hitting, kicking, or pushing, to more subtle forms like improper use of restraints or force during caregiving activities such as bathing or dressing. [4]

Signs of physical abuse may include unexplained bruises, cuts, fractures, or burns, particularly in areas not typically prone to accidental injury. Elders who are physically abused may exhibit fear or anxiety around certain caregivers, reluctance to discuss injuries, or inconsistent explanations for how injuries occurred. [5]

The impact of physical abuse on elderly individuals can be severe, leading to physical pain, disability, psychological trauma, diminished quality of life, and heightened vulnerability to further abuse. Recognizing and addressing physical abuse promptly is crucial to protecting the safety and well-being of older adults, ensuring they receive appropriate care and support in a safe environment.[6]

Sexual abuse against elderly individuals involves any non-consensual sexual contact or interaction imposed upon an older person. This form of abuse can encompass a wide range of behaviors, from unwanted touching or fondling to coerced sexual acts or assault. Importantly, sexual abuse also includes instances where the elder is unable to give consent due to cognitive impairment, unconsciousness, or other factors that prevent them from understanding or expressing their wishes.[7]

Signs of sexual abuse in elderly individuals may include unexplained bruises or injuries around the breasts or genital area, difficulty walking or sitting, torn or bloody underwear, sexually transmitted infections, or changes in behavior such as withdrawal, depression, or anxiety.[8]

The impact of sexual abuse on elderly victims can be profound, leading to physical injuries, emotional trauma, shame, guilt, fear, and a loss of trust in caregivers or others. Victims may also experience long-term psychological distress and have difficulty in expressing or reporting the abuse due to feelings of embarrassment, shame, or fear of retaliation.[9]

Addressing sexual abuse against older adults requires sensitive and thorough investigation, support for the victim’s physical and emotional needs, and legal recourse to hold perpetrators accountable. Prevention efforts should focus on promoting awareness, educating caregivers and staff about appropriate boundaries and behaviors, and creating environments that prioritize the safety and dignity of elderly individuals.[10]

Financial abuse of elderly individuals involves the unauthorized or improper use of their money, property, or assets for personal gain, without their consent or understanding. This type of abuse can take various forms, ranging from subtle manipulation to outright theft or fraud. Perpetrators may include family members, caregivers, financial advisors, or others in positions of trust and authority over the elderly person’s finances. Examples of financial abuse include Coercion and undue influence, Theft and fraud and Exploitation of power of attorney.[11]

Signs of financial abuse may include sudden or unexplained withdrawals from bank accounts, changes in financial documents such as wills or deeds, missing personal belongings or valuables, unpaid bills despite adequate funds, and financial transactions that the elder does not understand or cannot recall.[12]

The impact of financial abuse on elderly individuals can be devastating, leading to financial instability, loss of savings or property, inability to afford basic needs or medical care, and heightened dependency on others. Victims of financial abuse may experience feelings of betrayal, mistrust, shame, and fear of further victimization.[13]

Preventing financial abuse involves promoting financial literacy among older adults, encouraging open communication about financial matters within families, establishing safeguards such as regular monitoring of bank accounts and legal documents, and educating caregivers and professionals about recognizing and reporting signs of abuse. Legal and social services are essential in providing support to victims, recovering assets, and holding perpetrators accountable for their actions.[14]

Neglect of elderly individuals occurs when caregivers or responsible parties fail to meet the basic needs required for the health, safety, and well-being of an older person. It can be intentional or unintentional and can have severe consequences for the elder’s physical and mental health.[15] Examples of neglect include:

  1. Basic Needs: Failure to provide adequate food, water, shelter, clothing, or personal hygiene care.
  2. Medical Care: Ignoring or delaying necessary medical treatments, medications, or therapies for existing health conditions.
  3. Hygiene: Neglecting personal hygiene needs such as bathing, grooming, or changing soiled clothing or bedding.
  4. Safety: Allowing hazardous conditions in the elder’s living environment, such as unsafe living conditions or lack of supervision that could lead to accidents.

Signs of neglect in elderly individuals may include poor hygiene, significant weight loss, untreated medical conditions, bedsores or pressure ulcers, dehydration or malnutrition, unsafe living conditions (e.g., lack of heating or cooling), and a general decline in physical or cognitive functioning.[16]

The impact of neglect on older adults can be profound, leading to serious health complications, increased vulnerability to infections and injuries, deterioration in physical and mental health, and a diminished quality of life. Neglected elders may experience feelings of isolation, helplessness, and abandonment, which can further exacerbate their emotional and psychological well-being.[17]

Preventing neglect involves ensuring adequate training and support for caregivers, regular monitoring of the elder’s living conditions and well-being, promoting open communication between caregivers and elders, and addressing any signs of neglect promptly through intervention and support services. Legal and regulatory frameworks also play a crucial role in ensuring that caregivers meet their responsibilities and that elders receive the care and protection they need and deserve.[18]

Abandonment of elderly individuals occurs when a caregiver or responsible party willfully deserts or neglects an older adult who is dependent on them for care and support, without making arrangements for alternative caregiving or ensuring their safety and well-being. This abandonment can occur in various settings, including nursing homes, assisted living facilities, or within family caregiving arrangements. Examples of abandonment include desertion, eviction and neglecting responsibilities.[19]

Signs of abandonment may include elders being left alone in unsafe conditions, being found wandering or lost, not receiving necessary medications or medical care, or being left without adequate food, water, or shelter. [20]

The impact of abandonment on elderly individuals can be devastating, leading to heightened vulnerability to physical harm, emotional distress, increased risk of accidents or injuries, and deterioration in physical and mental health. Abandoned elders may experience feelings of fear, helplessness, and betrayal, which can have long-lasting effects on their overall well-being and trust in others.[21]

Preventing abandonment involves ensuring caregivers and responsible parties understand their obligations and responsibilities towards the elder, establishing clear protocols for transitions in caregiving arrangements, and providing support services and resources to caregivers to prevent burnout or stress that may lead to abandonment. Legal protections and advocacy are essential in safeguarding the rights and dignity of older adults and holding accountable those who abandon or neglect them.[22]

Self-neglect among elderly individuals occurs when they fail to meet their own basic needs for health, safety, and well-being, often due to physical or mental impairments that affect their ability to care for themselves. This can occur independently of external caregiving, where the elderly person may be unable or unwilling to seek necessary assistance or support.[23] Examples of self-neglect include:

  1. Personal Hygiene: Neglecting bathing, grooming, or changing clothes, leading to poor hygiene and appearance.
  2. Nutrition: Refusing to eat regularly or failing to maintain a balanced diet, resulting in malnutrition or dehydration.
  3. Medication: Not taking prescribed medications properly or refusing necessary medical treatment.
  4. Living Conditions: Allowing living spaces to become unsafe or unsanitary, with clutter, hoarding behavior, or lack of maintenance.

Signs of self-neglect may include noticeable decline in personal hygiene, significant weight loss, refusal to seek medical care despite obvious health problems, living in hazardous conditions, and social withdrawal or isolation.[24]

The causes of self-neglect can be complex and multifaceted, often involving physical health issues, cognitive impairments (such as dementia), mental health disorders (like depression or anxiety), substance abuse, or a lack of social support. Older adults experiencing self-neglect may not recognize or acknowledge their own decline in functioning, which complicates intervention efforts.[25]

Addressing self-neglect requires a compassionate and supportive approach, involving collaboration with healthcare professionals, social services, and community resources. It may involve assessing the elder’s capacity to make decisions and providing appropriate supports to ensure their safety and well-being. Encouraging open communication and offering practical assistance, such as home care services or assistance with daily activities, can also help mitigate the risks associated with self-neglect.[26]

In cases where self-neglect poses immediate danger to the elder’s health or safety, legal interventions may be necessary to ensure protective measures are put in place, such as guardianship or involuntary hospitalization for medical evaluation and treatment. Balancing respect for autonomy with the need to ensure the elder’s welfare is key in addressing self-neglect effectively and compassionately. [27]

Elderly Abuse in India

In recent years, the issue of elderly abuse in India has garnered increased attention due to its alarming prevalence and devastating impact on older adults. Elderly abuse encompasses various forms of mistreatment such as physical, emotional, financial, and neglect, often perpetrated by family members, caregivers, or within institutional settings. This societal problem not only violates basic human rights but also reflects systemic deficiencies in elder care and social support structures.

Statistical Insights

Recent statistical data paints a grim picture of the extent of elderly abuse in India:

  1. National Crime Records Bureau (NCRB) Data: According to the NCRB’s “Crime in India” report for the year 2020, there were 1,623 reported cases of elderly abuse under the category of “cruelty by husband or his relatives.” This figure, though specific to abuse within the family context, highlights a fraction of the overall problem as many cases go unreported or unrecognized.
  2. HelpAge India Survey: A survey conducted by HelpAge India revealed that nearly 50% of elderly people in India reported experiencing abuse. This includes emotional, physical, and financial abuse, as well as neglect.

Below is the summary of the “A HelpAge India Report 2018”[28]

This data highlights the widespread issue of elder abuse in India, characterized by various forms of mistreatment, underreporting due to familial and practical barriers, and limited awareness of available support systems among the elderly population. Addressing these challenges requires concerted efforts in awareness campaigns, strengthening legal protections, and enhancing support structures for elderly individuals across the country.

Existing Laws and Regulations Protecting the Elderly in India.

In India, legal protection against elder abuse is grounded in constitutional provisions and specific legislation aimed at safeguarding the rights and welfare of senior citizens. Here’s an overview of the legal framework and judicial support available:

Constitutional Provisions and Directives[29]

1. Directive Principles of State Policy (DPSP):

2. Fundamental Rights Perspective:

While not explicitly enumerated as a Fundamental Right, the judiciary interprets the rights of senior citizens under Article 21 (Right to Life and Personal Liberty), encompassing dignity and protection from abuse.

Legislative Framework

1. Maintenance and Welfare of Parents and Senior Citizens Act, 2007:

2. Hindu Adoption and Maintenance Act, 1956:

3. Code of Criminal Procedure, 1973:

Government Initiatives and Policies

1. National Policy for Older Persons, 1999:

2. Indira Gandhi National Old Age Pension Scheme (IGNOAPS):

Provides financial assistance to elderly individuals below the poverty line, ensuring basic economic support.

3. National Programme for the Health Care for the Elderly:

Offers preventive, curative, and rehabilitative healthcare services tailored to the needs of senior citizens.

Judicial Support and Case Precedents

Santosh Surendra Patil Vs. Surendra Narasgopnda Patil [30]: In this case, the court addressed a significant issue involving family dynamics and the legal responsibilities of children towards their elderly parents. The case revolved around a dispute between parents (the petitioners) and their sons (the respondents) regarding the eviction of the sons from residential premises owned and constructed by the parents. The sons appealed against the order of eviction, which had been granted in favor of the parents.

During the proceedings, the court examined the broader implications of the case, particularly focusing on the need for statutory protection for elderly individuals. This led to a discussion on the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Act represents a critical shift in legal and moral standards by crystallizing the duty of children to care for their elderly parents into a legal obligation. It emphasizes that the state has a role in safeguarding the rights and well-being of senior citizens, ensuring that their maintenance and welfare are legally protected.

The court’s decision to uphold the eviction order highlighted the practical application of this Act, reinforcing the legal principle that elderly parents have a right to live in their own property without being subjected to neglect or abuse by their children. By endorsing the eviction, the court underscored the importance of the Act in enforcing the moral and legal responsibilities of children towards their elderly parents, thereby aligning the legal framework with contemporary social values of respect and care for senior citizens.

Sunny Paul & Anr. Vs State Nct of Delhi &Ors.:[31] In this case,  the High Court of Delhi addressed a critical aspect of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The case involved a dispute where senior citizens were subjected to physical assault, mental harassment, and threats of dispossession by their son.

The court’s ruling hinged on Section 23 of the Act, which empowers the Maintenance Tribunal to issue eviction orders to protect the rights of senior citizens. The Delhi High Court affirmed that under this provision, the Tribunal has the authority to ensure that senior citizens can live in their homes peacefully, free from any form of abuse or coercion. The court emphasized that the Act’s purpose is to safeguard the well-being and dignity of elderly individuals, particularly in situations where they face threats or violence from their own family members.

By upholding the Tribunal’s decision to issue an eviction order, the High Court reinforced the legal framework designed to prevent elder abuse and uphold the rights of senior citizens. This judgment highlights the Act’s effectiveness in providing a legal recourse for elderly individuals who are forced to endure harassment or threats from their children, ensuring that they can enjoy a secure and respectful living environment.

Analysis of Specific IEA Provisions Affecting Elderly Abuse Cases

The Indian Evidence Act of 1872 is a comprehensive legal framework that governs the admissibility, relevance, and weight of evidence in Indian courts. While the Act is a general statute applicable to a wide range of cases, its principles and provisions play a significant role in addressing and adjudicating elderly abuse cases. Elder abuse, which includes physical, emotional, financial, and psychological harm inflicted on older individuals, poses unique challenges in the legal context. The Indian Evidence Act, 1872, categorizes evidence into oral and documentary types, each with specific rules and implications. Understanding how these types of evidence apply can greatly influence the outcome of elderly abuse cases.

1. Oral Evidence

Oral evidence consists of statements made by witnesses under oath, recounting their observations or experiences. As per Section 60 of the Indian Evidence Act, “Oral evidence must in all cases be direct.” This means that the evidence should come from a witness who has personally perceived the facts they are testifying about. Oral evidence is often crucial, especially in cases where documentary evidence is lacking or supplementary.[32] There are two types of oral evidence:

A. Primary Oral Evidence

Primary oral evidence is derived from the direct observations or experiences of witnesses. In elderly abuse cases, this type of evidence often comes from individuals who have witnessed the abuse firsthand or have direct knowledge of the abuse.[33] For example:

Primary oral evidence is pivotal in proving the facts of abuse directly, especially in cases where the abuse was not documented or witnessed by others. This evidence can be compelling in court if the witness is credible and their observations are detailed and consistent.[34]

B. Hearsay Evidence

While hearsay evidence is generally inadmissible under Section 60 of the Indian Evidence Act, there are exceptions that can be useful in elderly abuse cases:

2. Documentary Evidence

Documentary evidence includes any evidence presented in written or recorded form. It encompasses letters, figures, electronic records, and any material used for recording information. The documentary evidence is crucial for proving facts that are documented or recorded.[35] Two types of documentary abuse are mentioned below:

A. Primary Documentary Evidence

Section 62 defines primary documentary evidence as the original documents themselves. For example, an original contract, letter, or deed presented in court is considered primary documentary evidence. Primary evidence is preferred over secondary evidence under the rule of the best evidence.[36] In elderly abuse cases, such evidence might include:

The authenticity and originality of these documents are crucial for establishing the facts.

B. Secondary Documentary Evidence

Section 63 and Section 65 address secondary documentary evidence, which includes copies of original documents. Secondary evidence is admissible under specific conditions, such as when the original document is lost, destroyed, or in the possession of the opposing party. Secondary evidence must be authenticated to be considered valid. [37]Such documentary evidence in elderly abuse cases can be admissible under Sections 63 and 65 if certain conditions are met, such as:

3. Direct and Indirect Evidence

A. Direct Evidence

Direct evidence directly establishes the facts in question. It does not require inference or reasoning to prove the matter. According to Section 60, direct evidence is the testimony of a witness who has seen or heard the event firsthand. For instance, if a witness testifies that they saw a person commit a crime, that testimony is direct evidence of the crime.[38]

Direct evidence provides straightforward proof of abuse and is crucial in elderly abuse cases. Examples include:

Direct evidence is essential for establishing the immediate facts of abuse. It helps the court understand the situation as it happened and can be more persuasive in proving the abuse directly.

B. Indirect or Circumstantial Evidence

Indirect or circumstantial evidence does not directly prove a fact but allows for inferences to be drawn. It involves a series of facts that, when connected, lead to the conclusion about the fact in question. For example, if a person had a motive to commit a crime, was seen near the crime scene with relevant items, and was later found with evidence related to the crime, this would constitute circumstantial evidence.[39]

Circumstantial evidence often involves:

Indirect or circumstantial evidence helps infer the occurrence of abuse based on related facts. This type of evidence is particularly useful when direct evidence is lacking. Examples include:

Circumstantial evidence often requires careful interpretation to connect the dots between observed facts and the abuse. It can be crucial in building a comprehensive case when direct evidence is insufficient.

Are the Laws Sufficient?

Despite existing laws aimed at combating elder abuse, there is a troubling and continuous rise in such cases across the country. A significant issue contributing to this trend is the lack of enforceability of these laws. Current legal provisions often fall short in imposing stringent penalties that would effectively deter abusers. For instance, the prevailing punishment for violating elder abuse laws is a minimal fine of Rs. 5,000 or a three-month jail term, or both. This level of punishment seems disproportionately lenient compared to the severe suffering endured by elderly victims.[40]

Such light penalties fail to act as a substantial deterrent. Abusers might view a brief jail term and a modest fine as a manageable consequence, leading to a higher likelihood of repeated offenses. This is particularly concerning as the problem spans across various socioeconomic classes, including affluent families where fines are easily affordable and thus ineffective as a deterrent.[41]

The bill proposed in 2019 presented several commendable improvements, but its progress remains stalled. Although it has been approved by the cabinet, it has yet to be passed by the parliament. The delay raises concerns about the priority given to addressing elder abuse. Despite the legislative activity during the pandemic, this critical issue has not received the urgent attention it warrants.[42]

The lack of action reflects a broader issue: elder abuse is not perceived as a significant concern by either the government or the public. If it were, the bill would have progressed more swiftly through the legislative process. Additional social barriers further complicate the situation. Issues such as family reputation, physical limitations of the elderly, and a general lack of awareness contribute to the underreporting of elder abuse. Currently, only a small fraction—about 6%—of abuse cases are formally reported, highlighting the need for greater support and effective legal measures.[43]

Conclusion

The Indian Evidence Act of 1872 remains a cornerstone of the judicial system, but its application in elderly abuse cases reveals both its strengths and limitations. The Act provides a structured approach to evaluating evidence, which is crucial in cases involving vulnerable elderly individuals. However, the complexity of elder abuse—often characterized by subtle signs and the challenges of obtaining direct testimony from victims—poses significant difficulties in meeting the evidentiary standards set by the Act.

The examination of elderly abuse cases through the lens of the Indian Evidence Act underscores the need for a more adaptive and responsive legal framework. While the Act provides valuable guidelines for handling evidence, there is an evident need for reforms that address the specific challenges of elder abuse, such as accommodating cognitive impairments and ensuring the protection of sensitive testimony. Enhancing legal provisions to better support elderly victims and streamline the evidentiary process could significantly improve the justice system’s effectiveness in addressing and preventing elder abuse. Ultimately, a more nuanced and compassionate approach within the legal framework can better safeguard the rights and well-being of one of society’s most vulnerable groups.

References

[1]  Tanya Khan, Introduction To Indian Evidence Act 1872, Legal Services India Journal, (Jul 7, 2024, 3:34 PM), https://www.legalserviceindia.com/legal/article-5492-introduction-to-indian-evidence-act-1872.html

[2] Ibid.

[3] Elder Abuse, Cleveland Clinic, (Jul 22, 2024, 9:47 AM), https://my.clevelandclinic.org/health/articles/15583-elder-abuse

[4]  Elder Abuse, The Nursing Home Abuse Center Team, (Jul 22, 2024, 10:36 AM), https://www.nursinghomeabusecenter.com/elder-abuse/

[5] Ibid.

[6] Ibid.

[7] Ibid.

[8] Ibid.

[9] Ibid.

[10] Ibid.

[11] Ibid.

[12] Ibid.

[13] Ibid.

[14] Ibid.

[15] Ibid.

[16] Ibid.

[17] Ibid.

[18] Ibid.

[19] Ibid.

[20] Ibid.

[21] Ibid.

[22] Ibid.

[23] Ibid.

[24] Ibid.

[25] Ibid.

[26] Ibid.

[27] Ibid.

[28] Elder Abuse in India 2018 (A HelpAge India report 2018), HelpAge India, (Jul 22, 2024, 4:52 PM), https://www.helpageindia.org/wp-content/uploads/2018/06/ELDER-ABUSE-IN-INDIA-2018-A-HelpAge-India-report.pdf

[29] Adv. Chirag Dave, Adv. Karan Raj, Adv. Deepali Kasrekar, Adv. Manashi Mahanta, Mr. Rushabh Bhandari, Laws relating to Elder Abuse in India, Rishabh Gandhi & Associates, (Jul 23, 2024, 12:55 AM), https://www.rgaa.co.in/laws-relating-to-elder-abuse-in-india/

[30]  Criminal Writ Petition No. 1791  OF 2016

[31] AIRONLINE 2018 DEL 1777

[32] Saswata Tewari, What is evidence and different kind of evidences under Indian Evidence Act, Ipleaders powered by LawSikho, (Jul 23, 2024, 6:48 PM), https://blog.ipleaders.in/central-conceptions-law-evidence/#Types_of_Evidence

[33] Ibid.

[34] Ibid.

[35] Ibid.

[36] Ibid.

[37] Ibid.

[38] Ibid.

[39] Ibid.

[40] Devanshi Jain, Elder Abuse, Legal Services India, (Jul 26, 2024, 6:30 PM), https://www.legalservicesindia.com/law/article/1832/15/Elder-Abuse\

[41] Ibid.

[42] Ibid.

[43] Ibid.

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