Can a mother file a complaint on behalf of her daughter?

Answer By law4u team

Yes, a mother can file a complaint on behalf of her daughter in India, especially when the daughter is a minor or unable to represent herself. Here are some important points: Under various laws like the Protection of Children from Sexual Offences (POCSO) Act, 2012, a mother or any guardian can file a complaint on behalf of a minor daughter. In cases related to domestic violence, child abuse, or harassment, a mother, as the natural guardian, is entitled to file a complaint or take legal action to protect the interests of her daughter. If the daughter is a minor (below 18 years), the law recognizes parents or guardians as lawful representatives to initiate complaints or legal proceedings on their behalf. Even when the daughter is an adult but mentally incapacitated or unable to file a complaint herself, the mother or a legally appointed guardian can act on her behalf. In summary, the law empowers a mother to file complaints for her daughter’s protection and justice, particularly when the daughter cannot file the complaint herself.

Answer By Ayantika Mondal

Dear Client, Yes, a mother can complain on behalf of her daughter, particularly if the daughter is a minor, sick, or in danger. In all these instances, the mother acts in her best interest to look for legal protection or justice. If the woman is mature and mentally sound, the authorities might simply request her verbal statement later in the case. But for sensitive or emergency cases, the complaint of the mother is generally accepted to proceed with action. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.