Mr. Alok Verma, an IT professional from the city of Suryanagar, found his world turned upside down. After a period of marital discord, his wife, Ms. Rina, left their home. A week later, Alok was served a notice. Rina had filed a complaint under the Protection of Women from Domestic Violence Act, 2005, and also lodged a criminal complaint alleging cruelty and harassment. Alok was shocked, as he believed the allegations were entirely fabricated and designed to pressure him into a one-sided settlement. He felt helpless and didn’t know where to turn. This scenario, unfortunately, is not uncommon, where marital disputes escalate into legal battles with allegations that may not be entirely true.

Advice in such cases

Facing false accusations can be emotionally and mentally draining. It is crucial to act calmly and strategically.

• Do not panic or react aggressively. Any hostile communication can be used against you.
• Preserve all communication records, such as emails, text messages, and call logs with your spouse and her family.
• Compile a list of potential witnesses who can vouch for your character and the nature of your relationship.
• Gather any evidence that contradicts the allegations, such as travel tickets, work records, or financial statements showing you provided for the family.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

When false criminal cases are filed, several provisions of Indian law become relevant for the accused. While the complainant might use sections related to cruelty (like Section 85 of the Bharatiya Nyaya Sanhita, 2023), the person falsely accused can seek remedies under the following:

• Anticipatory Bail: Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), if you apprehend arrest, you can apply for anticipatory bail.
• Quashing of FIR: You can file a petition in the High Court under Section 529 of the BNSS to have the false FIR quashed, provided you have strong evidence to prove your innocence and malice on the part of the complainant.
• Defamation: You may file a criminal complaint for defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023.
• Perjury: If the complainant provides false evidence in court, you can initiate proceedings for perjury.

If you are the complainant

If you are the one who has been falsely accused, you effectively become a victim of a malicious prosecution. In this context, you can become a complainant in a new case against the accuser.

• You can file a counter-complaint or a lawsuit for malicious prosecution once you are acquitted of the false charges.
• You can initiate proceedings for defamation if the false allegations have harmed your reputation in society or at your workplace.
• Gather evidence that proves the malicious intent behind the complaint, such as demands for money or threats.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

Being a victim of a false case requires a proactive and legally sound defense.

• Immediately seek legal counsel. Do not attempt to handle the situation on your own or by communicating directly with your spouse.
• Apply for anticipatory bail to prevent any immediate arrest, which can be a traumatic experience.
• Prepare a detailed reply to the allegations made in the Domestic Violence petition, countering each point with facts and evidence.
• If there is a need to transfer the case from one state to another for your convenience, your lawyer can file a Transfer Petition in the Supreme Court of India.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In matrimonial disputes, the police are often the first point of contact. Initially, they may try to mediate or send the matter to a counseling cell. However, if a formal complaint (FIR) is registered, especially under sections related to cruelty, they are bound to investigate. They will summon the accused and their family members named in the complaint for questioning and to record their statements. It is important to cooperate with the investigation but to do so only with the guidance of your lawyer. Avoid making any statements or signing any documents without legal advice.

FAQs people normally have

Can I be arrested immediately after a DV or cruelty complaint?
Arrest is not automatic. As per Supreme Court guidelines, in cases where the punishment is less than seven years, police must first conduct a preliminary inquiry and issue a notice for you to appear. However, seeking anticipatory bail is a wise precaution.

Will a false case affect my job?
An accusation alone should not affect your job, but a prolonged legal battle or an arrest can have consequences. It is best to handle the matter discreetly and aim for a quick resolution with the help of a competent lawyer.

Can I file for divorce while the false cases are ongoing?
Yes, you can file for divorce. The proceedings for the criminal case, DV case, and divorce will run separately, although they are often interconnected.

What evidence is required?

To defend against false allegations, strong evidence is key. This can include:

• Electronic evidence like text messages, emails, and social media chats that contradict the claims of cruelty or harassment.
• Audio or video recordings (if legally obtained) that show the reality of the relationship.
• Testimonies from neutral witnesses like neighbors, friends, or colleagues.
• Documents proving you were not present at the location of the alleged incident (e.g., travel tickets, office attendance records).
• Financial records showing that you have been supporting your wife and family.

How long will the investigation take?

The duration of an investigation and the subsequent court case can vary significantly. An investigation can take a few months. The court trial, however, can be a lengthy process, often taking several years to conclude. The complexity of the case, the number of witnesses, and the efficiency of the judicial system all play a role. A skilled lawyer can help expedite the process by filing appropriate applications and arguing effectively in court.

Advocate Sudhir Rao, Supreme Court of India