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What to do when a false FIR is filed

Submitted by asandil on Sun, 11/08/2020 - 23:24

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 154 of the Code of Criminal Procedure, 1973. Any individual who notices a cognizable offence can report the information to the nearest Police Station. 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 under 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 the section 438 of CPC 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.

As held in Avinash Vs. State, State of CT of Delhi relied upon by learned counsel for the petitioner, in a matrimonial dispute while granting anticipatory bail, video order dated for interrogation by the police officers, as and when required. This ensures that the accused does not misuse liberty by directly to any person acquainted.

II. File Application u/s 482 of Crpc 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 482 of Code of Criminal Procedure,1973(herein referred to as CrPc) 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 482 of CrPc Act 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 406 of the Indian Penal Code.

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 482 can also be exercised when a discharge application before a magistrate court is pending.

Som Mittal VS Governmentof 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 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 482 of CrPc for quashing frivolous FIR

  1. The acts or omission on the basis of which FIR has been lodged does not constitute an offence.
  2. The offence for which FIR has been registered under accused never happened.
  3. 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 –

  1. Before filing the charge sheet against the police - Where an application has been filed by a person under Sec 482 of CrPc 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.

 

  1. 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 u/s 227 of 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 Indian Evidence Act.

 

 

  1. During the pendency of the trial or after the commencement of the trial - If the discharge               Application u/s 227 of CrPc filed by the accused has been rejected by Sessions Court, and the charge is framed and the trial is commenced; then Application under section 232 of 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 –

  1. 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;
  2. 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 182 of the Indian Penal Code, and the sentence for such an act will be -

  1. Imprisonment which may expand up to 6 months, or
  2. Along with fine or penalty which could possibly extend to one thousand rupees,

 

Or both.

Further making a false charge against a person is also punishable as per Section 211 of the Indian Penal Code.

Criminal Defamation u/s 299 of Indian Penal Code

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.

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 154 of the Code of Criminal Procedure, 1973

Section 438 of The Code of Criminal Procedure, 1973

Section 482 of The Code of Criminal Procedure, 1973

Section 232 of The Code of Criminal Procedure ,1973

Section 227 of The Code of Criminal Procedure ,1973

Article 226 of Indian Constitution

Section 182 of The Indian Penal Code

Section 211 of The Indian Penal Code

Section 299 of The Indian Penal Code

Section 406 of the Indian Penal Code

Narendra Singh Vs State of Punjab and Anr.

Avinash Vs. State

Som Mittal VS Governmentof Karnataka

Som Mittal VS Governmentof Karnataka