When it comes to false charges, not everyone is aware of their legal rights. Perhaps you are one of them. Because you may not have felt the need to be aware of such remedies and may not have anticipated that someone would file a bogus FIR against you. But now that you are here googling ‘What To Do When A False FIR Is Filed Against Me?‘, we can understand that yes you want to prepare yourself for such situations too.
Legal Remedies Available to Deal with False FIR
What happens if a fraudulent FIR is filed against you? Is a person’s career over if a FIR is filed against him?
All of these questions might be very troubling for an innocent individual. This could be the most traumatic period of your life, so you need a qualified lawyer to handle a bogus FIR against you. Because the process necessitates expertise, experience, and, most importantly, knowledge.
In India, legal proceedings are lengthy and exhausting. If you’ve read the statistics on fake cases in India, you’re probably aware that people utilize legal means to resolve their differences with others. This is not the appropriate way, but it is regrettable that it is taking place. While determining how to deal with a fraudulent FIR filed against you, you might explore several remedies against false criminal complaints.
- Remedy Before Arrest:
Anticipatory Bail- As soon as a false FIR is filed, you can file an anticipatory bail in either the Session Court or High Court under Section 438 of the Code of Criminal Procedure, 1973 before the arrest is made. After a person has been arrested, the accused can seek bail under Section 437 and Section 439 of CrPC.
- Application Under Section 482 of CrPC For Quashing False FIR–
An application can be filed under Section 482 of the Code of Criminal Procedure before the High Court to seek directions to quash a frivolous FIR against the accused.
Under Section 482, High Court has the inherent power to pass any order which is necessary to
*Prevent abuse of process of Courts; or
*To secure ends of justice to the people.
On What Grounds FIR Can Be Quashed under Section 482 of CrPC?
The falsely implicated person can approach High Court to quash a false FIR on the following grounds:
*The Acts or omission on the basis of which the FIR has been lodged does not constitute an offence.
*The Offence for which the FIR has been registered against the accused has never happened;
*The FIR contains merely baseless allegations without any reasonable ground to prove an offence against the accused.
When Can An Application Under Section 482 Be Filed For Quashing A False FIR?
Before Chargesheet Is Filed –
You can file an application under Section 482 to quash the false FIR registered against you before the chargesheet is filed. The High can quash an FIR when it is against the principle of Natural justice cause a grave miscarriage of justice to the victim. The High Court has also the power to reprimand the police officer or issue certain directions to such officer.
After Chargesheet Is Filed:
If the charge sheet has been filed on the basis of frivolous FIR, and the case is committed to the session judge and before commencement of trial, the accused can file a discharge Application u/s 227 of CrPC. This application can be filed in order to get discharged from the offence charged with on the basis of the false FIR. The grounds include
That the charge sheet contains no prima facie evidence against the accused in respect of the offence with which it is charged.
The trial cannot be commenced against the accused because of insufficiency of evidence on record.
The evidence on record is inadmissible as evidence under the Indian Evidence Act.
After Commencement Of Trial:
If an application under Section 227 has been rejected by Session Court and the charges are framed, the trial is commenced. Now, an application under Sec 232 of CrPC can only be filed for the Acquittal.
Writ Petition Under Article 226 Of Indian Constitution-
The victim can approach the High Court to quash the false FIR against him/her under Article 226 of the Constitution of India. Finding that grave injustice has been caused to the victim of the false FIR, the High Court can issue two kinds of writs-
1. Writ of Mandamus,
2. Writ of Prohibition
Conclusion
With this, we hope that this article might help you understand what to do when a false FIR is filed against you. The first thing you need to do in such situations is not to panic and reach out to a good criminal lawyer to fight against false FIR.