What is False FIR?

The dictionary meaning of false means which is incorrect, purposely untrue, deceitful, fraudulent, etc. There are many circumstances and instances where false FIR could be lodged against an individual to falsely harass him/her with an intention to knot him in a false case. Therefore, in this article you will know how a victim of false FIR can take an action against the person who has lodged false FIR.

An FIR is registered under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 154 of the Code of Criminal Procedure, 1973, which the BNSS replaced with effect from 1 July 2024). Any individual who notices a cognizable offence can report the information to the nearest Police Station, and under the BNSS such information may now be given electronically (e-FIR) or as a Zero-FIR at any police station irrespective of jurisdiction. The concerned Police officer is duty-bound to register the FIR and conduct the investigation.

Steps you can take in case of False FIR

I. Apply for an Anticipatory Bail

Anticipatory bail is direction to release a person on a bail, issued even before the person is arrested. It is only issued by Sessions Court and High Court. It is meant to be a safeguard the person who is arrested for false accusation charges.

Anticipatory bail is dealt with under Section 482 of the BNSS, 2023 (formerly Section 438 of the Code of Criminal Procedure, 1973). Any person who discerns that he may be arrested by the police for a non-bailable offence can file an application for anticipatory bail. A bail under Section 482 of the BNSS is a bail before arrest and the person cannot be arrested by the police if the anticipatory bail has been granted by the court. The rational grounds for holding that individual accused of an offense is not likely to abscond, or misuse his liberty while on a bail.

In Avinash Vs. State (NCT of Delhi), relied upon by learned counsel for the petitioner, the Court, while granting anticipatory bail in a matrimonial dispute, directed by its order that the accused make himself available for interrogation by the police officers as and when required, and imposed conditions to ensure that the accused does not misuse his liberty or directly or indirectly induce any person acquainted with the facts of the case to dissuade them from disclosing those facts to the court or the police.

II. File Application u/s 528 of BNSS for quashing frivolous FIR

Quashing means to abate, overthrow, or to dismiss it or to make it completely void. Normally, quashing of an FIR (First Information Report) in the criminal proceedings means completely discontinuing the process of the legal proceedings that are in process.

High Court can exercise its powers under Section 528 of the BNSS, 2023 (formerly Section 482 of the Code of Criminal Procedure, 1973) to quash the false FIR where the criminal proceeding is manifestly attended mala fide with an ulterior motive for wreaking revenge on accused due to any personal grudge.

Section 528 of the BNSS states –

“Saving of inherent powers of High Court Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

Legal cases

Narendra Singh Vs State of Punjab and Anr.

In this case, the Supreme Court stated that the High Court has merely passed the order on the ground of the nature of the injury that has been caused to the victim. The facts and circumstances of the case are equally important as the injury. The Court after examining the FIR as well as the statement which has been registered by the victim concluded that the evidences are yet to be produced in the court of law and also that the examination is yet to be conducted by the medical officer. However, the court said that it might be difficult to prove who has caused the injury. Thus, it was held that the chances of a case against the accused are very bleak.

And thus, rejecting the order of the lower court, the Supreme Court of India ordered that the FIR should be quashed with immediate effect and no further appeal shall be allowed.

Anand Kumar Mohatta and Anr VS. State (Government of Delhi)

In this case, the Supreme Court laid down principles regarding the applicability of Section 316 of the BNS, 2023 (formerly Section 406 of the Indian Penal Code), which deals with criminal breach of trust.

Thus, the Supreme Court quashed the FIR which was filed and also the charge sheet, which was considered during the legal proceedings. The powers under Section 528 of the BNSS can also be exercised when a discharge application before a magistrate court is pending.

Som Mittal VS Government of Karnataka

In this case, Supreme Court held that -

When grave miscarriage of justice would be committed if the trial is allowed to proceed; or Where the accused would be harassed unnecessarily if the trial is allowed; or When prima facie it appears to Court that the trial would likely to be ended in acquittal.

So, it can be seen in above cases that the inherent power of the Court under Section 528 of the BNSS, 2023 (formerly Section 482 of the Code of Criminal Procedure) can be invoked by the High Court either

To prevent abuse of process of any Court, or otherwise
To secure the ends of justice

Grounds for approaching High Court under Section 528 of the BNSS for quashing frivolous FIR

The acts or omission on the basis of which FIR has been lodged does not constitute an offence.
The offence for which FIR has been registered under accused never happened.
The FIR contains merely baseless allegations without any reasonable ground to prove an offence against the accused.

When can application against under section 482 can be filed –

Before filing the charge sheet against the police - Where an application has been filed by a person under Section 528 of the BNSS for getting the FIR quashed, the High court can quash such false FIR if it is against the principle of Natural justice cause a grave miscarriage of justice to the victim. The court also has the power to reprimand such police officer or can issue certain directions for such officer.
After filing the charge sheet - If the charge sheet has been filed on the basis of frivolous FIR, and the case is committed to session judge and before commencement of trial, the accused can file a discharge Application under Section 250 of the BNSS, 2023 (formerly Section 227 CrPC), in order to get discharged from the offence charged with on the basis of false FIR against him on the following grounds–
1. That the charge sheet contains no prima facie evidence against the accused in respect of the offence with which it is charged.
2. The trial cannot be commenced against the accused because of insufficiency of evidence on record.
3. The evidence on record is inadmissible as evidence under the Bharatiya Sakshya Adhiniyam (BSA), 2023 (formerly the Indian Evidence Act, 1872).
During the pendency of the trial or after the commencement of the trial - If the discharge Application under Section 250 of the BNSS (formerly Section 227 CrPC) filed by the accused has been rejected by Sessions Court, and the charge is framed and the trial is commenced; then an application under Section 255 of the BNSS, 2023 (formerly Section 232 CrPC) can only be made for the Acquittal of the Accused.

III. Filing the Writ Petition under Article 226 of Indian Constitution

When a false FIR has been launched against any person, he can approach the High Court for quashing the FIR by filing the writ petition under article 226 of the constitution. If High Court is of the opinion that injustice has been done to you, High Court can quash the FIR and can issue writs of –

Mandamus Writ - Writ of Mandamus can be issued against a police officer who has lodged such a false FIR directing him to perform his duty in a lawful manner;
Prohibition Writ - The Writ of Prohibition can be issued to the Subordinate Court which is conducting the trial of a person which is based on false FIR lodged against such accused in order to stop such criminal proceedings. IV. File a complaint before the State Human Rights Commission against the concerned Police officials who misused their powers to harass the innocent person;

V. File a civil suit seeking damages and compensation from the First Informant (Complainant) and the Police

Punishment for False FIR

The person who lodges false FIR against any person shall be guilty under Section 217 of the BNS, 2023 (formerly Section 182 of the Indian Penal Code), and the sentence for such an act will be -

Imprisonment which may expand up to 6 months, or
Along with fine or penalty which could possibly extend to five thousand rupees,

Or both.

Further making a false charge against a person is also punishable under Section 248 of the BNS, 2023 (formerly Section 211 of the Indian Penal Code).

Criminal Defamation u/s 356 of the Bharatiya Nyaya Sanhita, 2023

The person against whom a false FIR was filed, that individual has right to institute a case for defamation against the person who falsely implicated him/her under Section 356 of the BNS, 2023 (formerly Sections 499 and 500 of the Indian Penal Code).

Conclusion

Law is made to safeguard the rights of individual; it should not be used cause injury or harm to someone by any means. The cases for false FIR are increasing nowadays to wrongly implicate the person. Therefore, the law has made provisions to curb the false cases so that people stop misusing the law. It’s advisable to take action against the person lodging FIR against false cases.

Notes

Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 154 of the Code of Criminal Procedure, 1973)

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 438 of the Code of Criminal Procedure, 1973)

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 482 of the Code of Criminal Procedure, 1973)

Section 255 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 232 of the Code of Criminal Procedure, 1973)

Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 227 of the Code of Criminal Procedure, 1973)

Article 226 of the Constitution of India

Section 217 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 182 of the Indian Penal Code)

Section 248 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 211 of the Indian Penal Code)

Section 356 of the Bharatiya Nyaya Sanhita, 2023 (formerly Sections 499 and 500 of the Indian Penal Code, criminal defamation)

Section 316 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 406 of the Indian Penal Code)

Narendra Singh Vs State of Punjab and Anr.

Avinash Vs. State (NCT of Delhi)

Som Mittal VS Government of Karnataka

What to do when a false FIR is filed