Cosequences of filing False complaint

 

FIR or First Information Report is a document that is prepared by the on receiving details about a commission of a cognizable offence. This is the initiation of the proceedings in criminal cases so as to bring the guilty to law.

FIR is lodged by a victim of a crime or a witness or a person who had the knowledge about the incident. FIR can be filed under Section 154  of the Code of Criminal Procedure. If FIR is not lodged by police, then under Section 154(3)  of the Code of Criminal Procedure can give the FIR to Superintendent of Police in written format or by post. If still the FIR is not registered, then under Section 156(3) of the Code of Criminal Procedure, Magistrate can order the police to register FIR. But when a false FIR is filed then what has to be done? Then what can the person do on having a false FIR against him?

What Steps To Be Taken If False FIR Is Registered?

This when the person who lodges false FIR against the other person so as to implicate him. So the person implicated in such a case can-

• File an application for anticipatory bail under Section 438 of the Code of Criminal Procedure on having an apprehension of an arrest.

If the person is arrested or after charge-sheet is filed then -

• Approach the High Court under Section 482 of the Code of Criminal Procedure to quash the FIR. The court can use its inherent powers under this section to quash the FIR if the court sees no prima facie case is made against the person.
• The person can file writ before the High Court under Article 226 of the Constitution of India like wherein by the Prohibition Writ, the court can stop the criminal proceedings in a false FIR.

When a person is acquitted from a false case-

• Under Section 19 of the Code of Civil Procedure, the person can file a suit for compensation.
• As per Section 250(1) of the Code of Criminal Procedure, the compensation is given when accusation without reasonable ground.

The person who lodged the false FIR –

• Under Section 182 of IPC, false information given leading to the false FIR intending to injure the other person and punishment is either 6 months imprisonment or fine or both.
• Under Section 211 of IPC, if a false charge is made with an intention to injure the other person, then punishment of up to 2 years imprisonment or fine or both and if the criminal proceedings based on the false charge is regarding an offence that is punishable with death or life imprisonment then the person who filed the false charge is punished with imprisonment up to 7 years along with fine.
• As per Section 499 of the Code of Criminal Procedure, for criminal defamation for falsely implicating a person in a case and punishment to such persons who lodge false case is given under Section 500 of the Code of Criminal Procedure where the person can be sent to imprisonment for a period up to 2 years or fine or both.
• If a public servant has framed an incorrect document with an intention to cause injury then the public servant is punished with imprisonment of up to 3 years or fine or both. Lawyers in  India can provide further details regarding this.