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 approached me during his ongoing divorce proceedings with Mrs.Y in City A. The couple had been married for eight years and had one child. During the divorce negotiations, Mrs.Y began threatening Mr.X with filing false FIRs under various sections including domestic violence, dowry harassment, and criminal intimidation. She claimed she would involve Mr.X’s elderly parents and sister in the cases if he didn’t agree to her excessive alimony demands. Mr.X was working as an engineer with XYZ Pvt Ltd and feared that criminal cases would destroy his career and reputation. The threats were made both verbally during mediation sessions and through WhatsApp messages. Mrs.Y’s family members also joined in making these threats, creating immense psychological pressure on Mr.X and his family. The situation escalated when she actually filed one false complaint at the local police station in Area X, making Mr.X realize the seriousness of her threats.

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 threats immediately through screenshots, recordings, and written records. Never respond aggressively to threats as this can be used against you later. Maintain your composure and avoid any confrontational behavior. Consider filing an anticipatory bail application to protect yourself from arrest in case false FIRs are actually filed.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), false FIR threats and actual false complaints fall under Section 182 (giving false information to public servant), Section 211 (false charge of offense made with intent to injure), and Section 351 (criminal intimidation). The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedures for anticipatory bail under Section 482 and quashing of false cases under Section 400. Additionally, Section 79 of BNS deals with acts done by a person justified or by mistake of fact, which can be relevant in defending against false allegations.

If You Are the Complainant

• File a complaint against the person making false FIR threats under Section 351 of BNS for criminal intimidation
• Gather all evidence of threats including messages, emails, witness statements, and audio recordings
• File an application in court under Section 400 of BNSS to prevent misuse of legal process
• Document the pattern of harassment and blackmail for stronger evidence
• Seek protection orders from family court if the threats are part of matrimonial disputes

If You Are the Victim

• Apply for anticipatory bail immediately under Section 482 of BNSS to prevent arrest
• File a counter-complaint for criminal intimidation and extortion if threats are made
• Collect and preserve all evidence of threats including digital communications and witness statements
• Avoid any contact with the threatening party except through legal channels
• Inform your employer confidentially about potential false allegations to protect your career

How the Police Behave in Such Cases

Police often treat matrimonial disputes with caution due to the prevalence of false cases. They may initially try to mediate or suggest counseling. However, if an FIR is filed with specific allegations, they are duty-bound to investigate. Many experienced officers can identify false cases but still have to follow procedure. They may conduct preliminary inquiry before registering the FIR. Documentation of threats against false FIRs can help establish the malicious intent behind any subsequent complaints.

FAQs People Normally Have

Can threatening to file false FIR be punished? Yes, it constitutes criminal intimidation under Section 351 of BNS and can result in imprisonment up to two years.

Will anticipatory bail protect me completely? Anticipatory bail prevents arrest but doesn’t stop the investigation process. However, it provides significant protection during legal proceedings.

How can I prove the FIR is false? Through contradictory evidence, establishing malicious intent, showing impossible timelines, and demonstrating the complainant’s ulterior motives.

Can I get compensation for false cases? Yes, courts can order compensation for harassment caused by false cases under various provisions of law.

What Evidence Is Required?

• Screenshots of threatening messages and emails with metadata
• Audio or video recordings of verbal threats
• Witness statements from people who heard the threats
• Documentary evidence showing the malicious intent behind threats
• Medical records if threats caused mental harassment or health issues
• Financial records showing extortion attempts linked to threats
• Communication records establishing the pattern of harassment

How Long Will the Investigation Take?

Investigation into false FIR threats typically takes 2-3 months for initial inquiry. If criminal intimidation charges are filed, the investigation may extend to 4-6 months. Court proceedings for quashing false cases can take 6 months to 2 years depending on the complexity. Anticipatory bail applications are usually decided within 2-4 weeks. The timeline significantly depends on the court’s workload and the complexity of evidence presented.

Advocate Sudhir Rao, Supreme Court of India