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Writer's picturethelila500
Apr 25, 20234 min read

What To Do When False Fir Has Been Filed Against Me ?

First Information Report also known as FIR for short, is the first document which is prepared in a criminal proceeding as mentioned under Section 154(1) of the Code of Criminal Procedure, 1973 . FIR is a written document about the commission of a cognizable offense which has been provided to the police by the victim or any other person who has information about the commission of a cognizable offense. FIR could only be lodged in case of cognizable offenses which have been defined under Section 2(c) of the CrPC and the list of such offenses has been laid down under Schedule I of the CrPC.

Remedies against a false FIR.


The victim has been given certain remedies so that they can pursue the proper legal action against the person who filed a fraudulent police report.

  1. Remedy before an arrest is made:-The victim against whom false FIR has been filed can apply for bail before the Sessions Court or High Court as per Section 438 of the Code of Criminal Procedure, 1973, before the arrest of the victim has been made in such case. The above mentioned section of the CrPC provides for an ‘Anticipatory Bail’ and the objective behind such provision is that no person would be humiliated or harassed so as to satisfy any kind of personal vendetta or grudge of the complainant. Certain factors are to be taken into consideration by the Court when deciding if Anticipatory bail should be granted or not and appropriate conditions could also be imposed on the victim by the Court in case such bail is granted.

  2. However, the above section cannot be invoked after the victim has been arrested and in such a situation, to be released on bail, the victim would have to seek remedy under Se tion 437 of Section 439 of the CrPC.

  3. Remedy after an arrest is made or after the charge sheet has been file before the court:-After obtaining Anticipatory Bail or after being arrested and filing of the charge sheet by the police, the next step for the victim is to approach the High Court by filing an application for quashing false FIR or to file the writ of prohibition or the writ of mandamus.

  4. The victim of a false FIR can apply to the High Court as per Section 482 of the Code of Criminal Procedure, 1973 to get the false FIR lodged against him/her quashed.

Stages when the application under Section 482 could be filed

  1. Before the charge sheet has been filed: The High Court of the respective state can quash an FIR in case an application for quashing the same has been filed by the victim under Section 482 of the CrPC before it. When the false FIR is against the principle of natural justice and hence causing a grave miscarriage of justice to the victim, the High Court can quash it and also has the power to reprimand the police officer or issue certain directions to such officer.

  2. After the charge sheet has been filed:-After the police have filed the charge sheet on the basis of a false FIR and before the commencement of the trial, the victim as provided under Section 227 of the CrPC can file a ‘Discharge Application’ in order to get discharged from the offense the victim has been charged which are based on the frivolous FIR lodged against him.

  3. Following the start of the trial or while it is still pending:-When the Sessions Court denies the victim's request for a discharge made pursuant to Section 227 of the CrPC, charges are laid, and the trial is underway, an application for the accused's acquittal may be made pursuant to Section 232 of the CrPC.

Grounds on which a victim of the false FIR can approach the High Court for quashing it.

The following grounds could be used by the victim based on which, he/she can go to the High Court under Section 482 of the CrPC, for quashing the false FIR:

  1. The acts or omission based on which the First Information Report (FIR) has been filed do not constitute an offense

  2. The offense for which the FIR has been lodged, never took place.

  3. Baseless allegations without any reasonable ground to prove an offense against the victim are present in the FIR

Conclusion


Getting justice and to save oneself from a false FIR is an extremely important step for a person falsely accused in the criminal justice system. Upon arrest or even anticipation of an arrest, the first step for any person would be to hire the services of an experienced lawyer, who can help advise and guide the accused with the process of obtaining a bail and any further actions required to be taken.


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