ABSTRACT: The constant growth and development of society necessitates the adoption of rigorous rules. Laws are enacted to ensure the security and safety of the state, its citizens, and its property. However, some persons degrade the judiciary’s dignity and squander the time of the courts by making false claims and misusing the law by pestering innocent people through fake lawsuits. There is a current tendency of using phoney F.I.R.s and fabricated complaints to exact retribution on someone. It has evolved into a powerful tool for attacks on mental health, reputation, and the instillation of terror. In criminal proceedings, a First Information Report (FIR) is filed with the police under Section 154(1) (X) of the Cr.P.C. Only Cognizable Offenses, as specified in Sec 2(c) of the Cr.P.C, can be reported, not Non-cognizable Offenses. The list of cognizable offences for which a FIR can be filed is found in Schedule I of the Cr.P.C. There are a variety of situations in which a false FIR is filed against a person in order to harass him or falsely incriminate him in a case. As a result, this article discusses how a victim of a False FIR can take legal action against the individual who filed the False FIR.
What is the difference between a bogus FIR and a complaint?
The following is the method for registering criminal cases in courts:
- Filing of a First Information Report with the police under section 154 of the Criminal Procedure Code.
- A complaint was filed with the superintendent of police under section 154(3) of the Criminal Procedure Code.
- Magistrate’s directions for FIR u/s 156(3)Cr.P.C
- Recognizance of the offence by a magistrate under section 190 of the Criminal Procedure Code.
- A private complaint was filed with the Magistrate under section 200 of the Criminal Procedure Code.
Making false claims and filing fake FIRs or complaints on the basis of conspired created facts and circumstances in order to harass the other person through the misuse of law and judicial proceedings is referred to as false FIRs and complaints.
For all cognizable offences, the police must file a formal complaint and conduct an investigation in accordance with the law. Innocent people who are falsely accused in a malicious FIR face a slew of issues as a result of these legal procedures.
The following are examples of falsified complaints and FIRs:
- As it was established in the cases of Sheo Nath Singh v. Sujata and Harish Chandrel Drall v. Suresg Wati, matrimonial conflicts under section 498A in which women file false allegations of cruelty by husband or relatives of husband.
- As it was held in Gorigeh Pentaiah vs. State of Andhra Pradesh, persons of Schedule Caste and Scheduled Tribe filed false complaints under the SC/ST Act to harass people of other castes and tribes.
- As it was determined in the case of Fazle Gaffar Khan v. State of West Bengal, love affairs and partnerships when the girl’s family files charges against the partner for kidnapping and numerous other offences under Chapter 16 of the IPC.
- Various provisions of sexual harassment by women in order to obtain excessive advantages.
LEGAL PROCEDURE TO BE FOLLOWED:
If the accused believes the FIR is frivolous or malicious, he or she may proceed in the following manner as soon as the FIR is filed and the accused learns of it:
- For preliminary investigation, a copy of the FIR is filed under Section 157 of the Criminal Procedure Code.
- To prevent arrest, file an application for anticipatory bail under section 438 Cr.P.C. before a session judge or the high court.
- Filling a writ petition under Article 226 of the Constitution with the Hon’ble High Court to quash the FIR, as the high court has inherent competence under section 482 Cr.P.C.
A writ can be issued for any reason that is adequate to establish the accused’s innocence. The High Court can then continue with the quashing of the FIR if the accused has given all of the relevant proof. The High Court has the authority to order subordinate officers to stop all legal procedures against the accused.
However, if the trial begins in court, the accused can file a discharge motion with the court where the case is being heard under 227 Cr.P.C. If the court determines that there are insufficient grounds for proceeding against the accused after reviewing the case’s records and papers and hearing the accused and prosecution’s arguments in the case, the judge will discharge the accused and record the reasons for discharge.
Grounds for quashing a FIR under section 482 of the Criminal Procedure Code:
The reasons for discharge are as follows, according to the instructions set by the Supreme Court in the case of Sundar Babu & Ors vs. State of Tamil Nadu:
- Where the charges in the FIR or complaint are so ludicrous and fundamentally unlikely that no reasonable person could ever come to a just conclusion that there is sufficient ground to prosecute the accused.
- Where any provision of the code or the concerned Act (under which a criminal proceeding is instituted) contains an express legal bar to the institution and continuation of the proceedings, and/or where the code or the concerned Act contains a specific provision providing effective redress for the aggrieved party’s grievance.
- When a criminal proceeding is clearly attended with malice aforethought and/or when the proceeding is maliciously launched with the intent of exacting vengeance on the accused and to spite him because of a private and personal hatred.
- Where the claims in the FIR do not constitute a cognizable offence but only a non-cognizable offence, no inquiry by a police officer is permitted without a Magistrate’s order as anticipated by Section 155 (2) of the code.
- Even if the allegations in the first information report or the complaint are taken at face value and accepted in their entirety, they do not prima facie constitute a crime or establish a case against the accused.
- When the allegations in the first information report and any other materials, if any, accompanying the FIR do not reveal a cognizable offence, warranting an investigation by police officers under Sec. 156(1) of the code, except under an order of a Magistrate within the scope of Sec. 155(2) of the code.
- When the uncontroverted claims in the FIR or complaint, as well as the evidence gathered to support them, fail to reveal the commission of any crime and fail to establish a case against the accused.
The Supreme Court held in the case of Parbat bhai Ahir vs. State of Gujarat that:
- The High Court must consider whether the objectives of justice would warrant the exercise of the inherent authority when deciding whether a criminal proceeding or complaint should be quashed in the exercise of its jurisdiction under Section 482.
- While the High Court’s inherent power has a broad scope and scope, it must be employed to accomplish the goals of justice or to prevent an abuse of any court’s procedure.
Rights of a person acquitted:
Following the quashing of the F.I.R. and release from court, the acquitted individual has certain rights under which he or she may petition the court for criminal actions against the complainant.
The legal remedies against the complainant are–
Filling a complaint under section 182 IPC against a person who has submitted false information with the intent or knowledge that it is false, or knowing that he or she will cause harm to a public servant—
- · To do or omit anything that a public worker would not do or omit if he knew the real status of facts about which such information is disclosed, or
- · To use such public servant’s authorised power to injure or annoy any person, shall be penalised with-
Imprisonment of either kind for a period of up to six months, or a fine of up to one thousand rupees, or both.
Filing an application with the court under section 156(3) Cr.P.C or making a private complaint under section 200 Cr.P.C for false charges of offence with intent to injure him, or institution of any criminal proceeding against him, or falsely charges him with an offence, knowing that there is no just or lawful ground for such proceeding or charge against him under section 211 IPC.
The complainant who has made false allegations and filed a fraudulent FIR will be punished as follows:
An imprisonment of either kind for a period of up to two years, or a fine, or both is given. If such a criminal process is brought on the basis of a false charge of an offence punishable by death, life imprisonment, or imprisonment for seven years or more, he will be sentenced to either type of imprisonment for a period up to seven years, as well as a fine. The following are the legal remedies for compensation against the complainant:-
According to section 250 of the Criminal Procedure Code, The acquitted individual may seek compensation from the court for being falsely accused and the provisions of this section apply to summons and warrant proceedings. Whereby, if the Magistrate is satisfied that there was no reasonable ground for making the accusation, he may, for reasons to be recorded, make an order that such complainant or informant pay compensation to the accused or to each or any of them in an amount not exceeding the amount of fine he is empowered to impose.
And, under section 250(3), the Magistrate may, in addition to the order directing payment of the compensation under sub-section (2), rule that, if the compensation is not paid, the person ordered to pay it face simple imprisonment for a period not exceeding thirty days.
Against public servant:
We frequently hear that police officers abuse their powers to falsely accuse innocent people and harass them under the pretence of judicial processes. There are always certain persons in every area of the country who support and promote corruption, but hearing such news about the trusted law enforcement organisation is disheartening. If a public worker abuses his authorities to harass someone or gain an unfair advantage, the acquitted person has the following rights against that public official:
Section 167 IPC:
Any public servant charged with the preparation or translation of any document or electronic record who frames, prepares, or translates that document or electronic record in a manner that he knows or believes to be incorrect, intending or knowing it to be likely that he will cause injury to any person, shall be punished with imprisonment for a period of not less than one year.
Section 219 IPC:
Any public servant who corruptly or maliciously makes or pronounces any report, order, verdict, or decision in any stage of a judicial proceeding, or which he knows to be contrary to law, shall be punished with imprisonment of either description for a term up to seven years, or with a fine, or both.
Section 220 IPC:
Whoever, while in any office that gives him legal authority to commit persons to trial or confinement, or to keep persons in confinement, corruptly or maliciously commits or keeps any person in confinement in the exercise of his authority, knowing that he is acting in violation of the law, shall be punished with imprisonment.
Punishing an innocent person has always been unjust. The accused must deal with the following issues as a result of faked criminal court proceedings:
Torture and disorders of the mind:
Due to the legal proceedings, an innocent person must suffer from mental health concerns, and he or she must live in continual fear of being punished by the court, which could harm his or her employment, service, or business. As a result of the proceedings, he or she is unable to function with a clear head. Bipolar mental disorders, depressions, and other mental health conditions have led in suicides in the past.
Wastage of time and money:
When an innocent person is involved in falsified complaints, he or she must leave job, meetings, business, or office and stroll about the court and advocate, wasting time and money.
Restrictions:
The individual is required to attend court hearings and is not free to leave the country without the court’s permission, and occasionally, as a result of the delay in authorization and proceedings, the person suffers commercial and financial damages without making any mistakes.
Every individual has certain constitutional, fundamental, legal rights to survive and grow in society, which have been granted by the state. These rights are also safeguarded by laws and statutes. However, some people abuse these regulations as a means of harassing others and gaining unfair advantage. People forget that the law and legal procedures are in place for our protection and convenience, not to harass an innocent individual for personal reasons. In our society, filing criminal charges against somebody is regarded as a curse, resulting in a lifetime of damage to his character and honour. Even after his acquittal, society regards him as a tainted individual.