One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, an 18-year-old woman living with her mother in City A, went out with her friend Mr.Y without informing her father Mr.Z who resided in City B. When Mr.Z discovered his daughter was out, he became furious and threatened to file an FIR against Mr.Y, claiming his daughter was missing or in danger. Despite Mr.X being an adult, safe, and in regular contact with family, Mr.Z proceeded to file an online complaint with the police. This created significant stress for both Mr.X and Mr.Y, who feared potential legal consequences. The situation escalated when Mr.Z continued making threats and accusations against Mr.Y, even after confirming his daughter’s safety. Such cases involving false complaints by overprotective parents against their adult children’s friends are unfortunately common and can have serious legal implications for the accused person.

Advice in Such Cases

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 to 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.

Document all communications and threats made by the complainant. Gather evidence showing the person was safe and consented to the meeting. Contact the investigating officer immediately to clarify the facts and prevent unnecessary harassment.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), this case involves several provisions. Section 356 BNS deals with defamation when false accusations are made publicly. Section 351 BNS covers criminal intimidation if threats were made. Section 182 BNS addresses giving false information to public servants with intent to cause injury. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 154 governs FIR filing procedures, while Section 173 deals with investigation completion. The complainant could face consequences under these provisions for filing a false complaint when no actual offense occurred.

If You Are the Complainant

• Verify all facts before filing any complaint to avoid legal complications
• Understand that filing false FIRs can result in criminal charges against you
• Respect your adult child’s autonomy and right to make independent decisions
• Consider family counseling instead of involving police in personal disputes
• Withdraw the complaint immediately if you discover no actual crime occurred

If You Are the Victim

• Immediately approach the investigating officer with evidence of your innocence
• File a counter-complaint for false FIR under relevant BNS sections
• Collect witness statements proving the person was safe and consented
• Document all harassment and threats made by the complainant
• Apply for anticipatory bail if you fear arrest on false charges

How the Police Behave in Such Cases

Police typically treat missing person complaints seriously initially. However, once they discover the person is an adult and safe, they usually close the case quickly. Officers may counsel both parties about proper communication within families. In cases of obvious false complaints, police may advise the complainant about legal consequences and suggest withdrawing the FIR to avoid further legal complications for themselves.

FAQs People Normally Have

Q: Can parents file FIR against their adult child’s friends?
A: Yes, but if the complaint is false, they face legal consequences themselves.

Q: What happens if the FIR is proven false?
A: The complainant can be charged under BNS Section 182 for giving false information.

Q: Can the accused get compensation?
A: Yes, through civil suits for defamation and mental harassment caused by false accusations.

Q: How long does investigation take?
A: Usually 1-2 weeks for simple cases where facts are clear.

What Evidence Is Required?

• Phone records showing voluntary communication between parties
• CCTV footage proving consensual meeting
• Witness statements from people who saw them together
• Screenshots of threatening messages from the complainant
• Medical certificate showing no physical harm occurred
• Bank transaction records proving normal activities
• Social media posts showing the person was safe and happy

How Long Will the Investigation Take?

Investigation in such false FIR cases typically takes 15-30 days. Once police verify the adult person was safe and consented to the meeting, they usually close the case quickly. However, if counter-complaints are filed, the process may extend to 60-90 days depending on evidence collection and legal proceedings against the false complainant.

Advocate Sudhir Rao, Supreme Court of India