Lodging of a false FIR/complaint is punishable offences under IPC. Such an informant / complainant can be proceeded against under section 182 IPC or under section 211 IPC by the police. Private person against whom false FIR/complaint has been lodged can also file complaint in the court for the offence of defamation.
Although evryone know that lodging a False FIR is Punishable offences but nowadays these kind of matter is increasing. What Will happen if someone lodge a False FIR against You ? What to do when this matter came to your knowledge? What are the steps you should have to take ? Read this article carefully.
Grounds of a False FIR : If you can see the following things then you are sure that this is a False FIR.
I) The act or omission on the basis of which FIR has been lodged doesn’t constitute an offence.
II) The offence has never happened.
III) The FIR contains baseless allegations without any reasonable grounds to prove an offence against you .
What to do against the False FIR : What you should do if false FIR has been lodged against you ? Don’t worry you should follow this .
Firstly, File an anticipatory bail under section 438 of CrPc and take the Bail First.
Secondly, File an application under section 482 of Crpc for Quashing frivolous FIR.
Thirdly, File a civil suit for seeking damages and compensation from the first informant and the police.
Fourthly, You can file a complaint before the State Human Rights Commission against concerned police officers who misused their powers to harass the innocent person.
Fifthly, You may also file a Defamation case under Section 19 of the CPC/ Section 499 read with Section 500 of the IPC
Apart from these things one can file a Writ Petition under Article 226 of the Constitution of India . Beside quashing FIR the Writ Court may issue Two kinds of writs . One is The Writ of Mandamus which can be issued by the High Court against a police officer or the police department who has lodged the false FIR and court can direct such police officer/department to perform their duty in a lawful way. Second one is that High Court can issue Writ of Prohibition to the Subordinate Court where the trial of the victim which is based upon the frivolous FIR is being conducted and the Writ Court may order them to put a stop to such criminal proceedings.
For your kind information The Application for Quashing a false FIR at depends on some stages –
Stage I : Before filing Chargesheet by the Police:- 438 of CrPc
Stage II : After filing Chargesheet :- Discharge application to be filed under section 227 CrPc.
Stage III : During the pendency of trial or after the commencement of the trial :- Application under section 232 of Crpc to be filed.
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1 Comment
— by prabas
very nicely drafted and good amount of knowledge sharing to the clients and lawers . #jaibhim