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Writer's picturethelila500
Nov 18, 20223 min read

WHAT CASE CAN BE FILED AGAINST FALSE ACCUSATIONS?

A legal case in India could drain all your energy, however the situation worsens, if you are being falsely implicated in a case. Below mentioned are some of the remedies which could be of some assistance, however it is advised to seek immediate assistance from experienced High Court Lawyers In Hyderabad or your own city which could offer you appropriate advice for the same.


Some facts about false FIRs/Cases in India-

  • As per the date provided by the Delhi Women Commission, 53.2% of the rape charges in Delhi between the period of April 2013 to July 2014 were false.

  • As per the report from NCRB, out of 13,297 cases filed under the Dowry Act registered in 2019- 4840 were acquitted while 874 were discharged.

These and many other such reports signify an alarming situation waving towards the increasing use of law to settle personal accounts or to abuse a common man by filing a false charge against him.


Legal Remedies Available-

  • Anticipatory Bail- as soon as an FIR has been filed against you, you have the option of filing for an anticipatory bail in either the Session’s Court or High Court under the Section 238 of CrPC before an arrest has been made. After you are arrested you can file for bail under Section 437 and Section 439 of the CrPC.

  • Quashing the False FIR- an application under Section 482 of the CrPC could be filed before the High Court seeking a direction to quash the false FIR filed against you. It is advised to seek the advice of High Court Lawyers In Lucknow to guide you through every single step. The application under Section 482 could be filed at different stages.

  • Discharge Application- under Section 227 of the CrPC, the accused could file a discharge application, in order to get discharged from the offence charged on the basis of a false FIR. The court could grant the application on the grounds-

  • No prima facie evidence could be found in the charge sheet against the accused.

  • The trial cannot be commenced because of insufficiency of the evidence on record.

  • The evidence so produced is inadmissible under the Indian Evidence Act.

Punishment for a false case-

Even if one gets acquitted of the charges and accusations, one has to still face the social judgments as well as the stigma of being a criminal or one against whom a criminal case was once filed. Below mentioned are some of the provisions of law which have been provided in case someone misuses the law-

  • False Information- Section 182 of the IPC provides a punishment of a period up to six months for knowingly trying to cause the public servant to use his lawful power to cause injury to another person.

  • Falsely charged with an offence- Section 211 of the IPC provides for a punishment of up to two years, or with fine or both for falsely filing charges against an innocent person knowing that no just or lawful grounds are not there for such proceedings. If the offence charged is punishable by death, life imprisonment or imprisonment for a period above seven years, then the wrongdoer shall be punishable with imprisonment for a period extending up to 7 years.

  • Defamation- under Section 19 of the CPC, the victim can seek compensation for defamation caused due to false accusations.

  • The victim can also file for criminal defamation suit under Section 499 r/w Section 500 of the IPC, the defendant could be liable for a period of imprisonment up to 2 years or fine or both.

Conclusion

The above article discussed some of the precautions or remedies available in case a false case has been charged against you. In case you are facing such a situation, it's advised to seek the advice of High Court Lawyers In Bangalore to face such false FIRs.


Lead India offers you a wide pool of experienced advocates who have been successfully handling similar cases and could help you with the same.


Call Us: - +91-8800788535

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