If you are stuck in such a situation, here is what to do.

Mr. Sameer Khanna, an entrepreneur from the city of Aryavarta, found himself in a nightmare. A business transaction with a former partner, Mr. Vikram Singh of “Dynamic Enterprises,” had turned sour. To settle a personal score and extort money, Mr. Singh went to the Aryavarta Central Police Station and filed a completely fabricated First Information Report (FIR) against Sameer, accusing him of cheating and criminal breach of trust. Suddenly, Sameer was facing the daunting prospect of a police investigation, potential arrest, and a lengthy court battle for a crime he never committed. His reputation and business were on the line, all due to a malicious and false complaint.

Advice in such cases

Facing a false FIR can be incredibly stressful. It is a misuse of the law to harass an innocent person. Here is some immediate advice:

• Do not panic. Your calm and strategic response is crucial.
• Do not ignore any notice or summons from the police. Non-cooperation can be misinterpreted and used against you.
• Avoid contacting the person who filed the FIR directly. Anything you say could be twisted and used against you. Let all communication happen through legal channels.
• Start gathering all evidence that proves your innocence. This includes documents, emails, messages, witness information, and any other proof that contradicts the allegations.
• 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

Under the new Indian legal framework, several provisions are relevant in cases of false accusations:

• Section 240 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with the offence of giving false information to a public servant with the intent to cause injury or annoyance to any person. The person filing the false FIR can be prosecuted under this section.
• Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This pertains to criminal intimidation. If the false complaint is part of a larger scheme to threaten or intimidate you, this section may apply.
• Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This is a powerful provision that gives the High Court inherent powers to prevent the abuse of the process of any court or to secure the ends of justice. You can file a petition under this section to have the false FIR quashed (cancelled).

If you are the complainant

If you are the one who has been falsely accused, you have the right to take legal action against the person who filed the false complaint. Once you are cleared of the false charges, you can become the complainant in a new case.

• You can file a complaint with the police or a magistrate against the original accuser for filing a false case under Section 240 of the BNS.
• You can also initiate a civil lawsuit for defamation to claim damages for the harm caused to your reputation and the mental anguish you suffered.
• A case for malicious prosecution can also be filed after the conclusion of the false case in your favour, seeking compensation for the harassment and legal expenses incurred.
• 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

As the victim of a false FIR, your primary goal is to protect yourself and prove your innocence. Here are the steps to take:

• Anticipatory Bail: If you fear that you might be arrested based on the false FIR, your first step should be to apply for anticipatory bail from the Sessions Court or the High Court under Section 480 of the BNSS. This provides protection from arrest.
• Cooperate with the Investigation: Present your side of the story to the Investigating Officer (IO) clearly and provide all the evidence you have collected that proves your innocence.
• Quashing the FIR: The most effective remedy is to file a petition in the High Court under Section 482 of the BNSS to quash the FIR. If the High Court is convinced that the FIR is baseless, malicious, and an abuse of the law, it can cancel the entire police case.
• 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

The police are obligated to register an FIR when a complaint disclosing a cognizable offence is made. Initially, they may act on the information provided in the FIR. However, their behaviour can change during the investigation. They are required to conduct a fair and impartial inquiry. If you present strong evidence of your innocence, a sincere investigating officer will consider it. However, in many cases, police may not delve deep enough, and the intervention of a good lawyer becomes critical to ensure they conduct a proper investigation and consider your evidence before filing a final report (chargesheet) in court.

FAQs people normally have

What evidence is required?

To defend against a false FIR, you need evidence that directly contradicts the allegations and establishes your innocence. This can include:

• Documentary Evidence: Contracts, agreements, invoices, receipts, or any official papers related to the matter.
• Electronic Evidence: Emails, WhatsApp chats, SMS messages, call recordings, and CCTV footage. Ensure this evidence is collected and preserved properly as per the law.
• Witnesses: Statements from people who can support your version of events and discredit the complainant’s story.
• Alibi: Proof that you were somewhere else at the time the alleged incident took place.

How long will the investigation take?

The duration of a police investigation does not have a strict timeline and can vary significantly. It depends on the complexity of the case, the cooperation of the parties, the workload of the police, and the efficiency of the investigating agency. It can range from a few weeks to several months or even longer. Filing a petition to quash the FIR in the High Court can sometimes bring a much faster resolution than waiting for the investigation to conclude.

Advocate Sudhir Rao, Supreme Court of India