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

Mr. Alok Sharma, a resident of the city of Janakpuri, found himself entangled in a complex legal situation. A decade ago, a criminal complaint was filed against him by a former business associate, which he maintains is entirely baseless and motivated by personal vendetta. The case has been dragging on in the District Court of Janakpuri, causing immense mental, emotional, and financial distress to him and his family. He feels trapped in a never-ending cycle of court dates and legal proceedings, desperately seeking a way to prove his innocence and bring the prolonged ordeal to a just conclusion.

Advice in such cases

Being embroiled in a long-pending, allegedly false criminal case is an incredibly taxing experience. Here are some steps to consider:

• Review Your Case Strategy: After a decade, it is crucial to re-evaluate the entire case with your legal counsel. Look at the evidence on record, the testimonies recorded so far, and the weaknesses in the prosecution’s narrative.
• Assess Legal Representation: Determine if your current legal representation is proactive. A long trial might sometimes be a result of an ineffective strategy. It is your right to seek a second opinion or even change your advocate if you are not satisfied.
• File for an Expedited Trial: You can file an application before the trial court or approach the High Court under its supervisory jurisdiction, requesting a time-bound, day-to-day hearing to conclude the trial swiftly, citing the prolonged duration and prejudice caused.
• 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

While the original case would be under specific sections of the law, if you are a victim of a false case, the following provisions of the new Indian criminal laws become relevant for seeking justice against the false accuser:

• Section 211 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section penalizes anyone who, with intent to cause injury, institutes any criminal proceeding or falsely charges any person with having committed an offence, knowing there is no just or lawful ground for such proceeding or charge.
• Section 192 of the Bharatiya Nyaya Sanhita, 2023 (BNS): Pertains to fabricating false evidence, which is often the basis of a malicious prosecution.
• Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This provision allows the Magistrate to order the complainant to pay compensation to the accused person if the case was initiated without reasonable cause and the accused is discharged or acquitted.
• Malicious Prosecution: After getting an acquittal, you can file a separate civil suit for damages against the complainant for malicious prosecution, claiming compensation for loss of reputation, mental agony, and financial losses incurred.

If you are the complainant

If you have filed a criminal case, you also have certain responsibilities to ensure justice is served efficiently:

• Cooperate with the Prosecution: Ensure you and your witnesses are available for court hearings to provide testimony. Delays from the complainant’s side can weaken the case and prolong the trial.
• Ensure the Genuineness of Your Claim: Pursuing a case you know to be false can have severe legal repercussions, including criminal proceedings against you under the BNS.
• 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

If you are the one who has been falsely accused (the victim of a false case), your approach should be strategic and resilient:

• Document Everything: Maintain a meticulous record of all case-related events, expenses, and the impact the case has had on your life. This will be crucial if you decide to sue for malicious prosecution later.
• Be Proactive in Your Defense: Do not be a passive spectator. Work closely with your advocate to identify loopholes in the prosecution’s case, suggest potential defense witnesses, and provide any evidence that proves your innocence.
• Focus on Acquittal: Your primary goal is to secure a clean acquittal from the court. This is the foundation upon which any future action against the false complainant can be built.
• 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’s primary role is during the investigation stage, which concludes with the filing of a charge sheet (or a closure report). By the time a case has been in trial for a decade, the police’s active involvement is over. However, their initial work remains critical. The Investigating Officer (IO) and other police witnesses will be called to the court to testify. The defense has the right to cross-examine them rigorously to expose any procedural lapses, biased investigation, or contradictions in the evidence they collected.

FAQs people normally have

• Can I change my lawyer if my trial has been going on for years?
  Yes, you have the absolute right to change your advocate at any stage of the trial. You would need to get a “No Objection Certificate” (NOC) from your current advocate or, if that is not possible, file an application before the court to discharge them and engage a new one.
• How can I make my trial go faster?
  As mentioned, you can file an application for an expedited trial in the same court. If that doesn’t yield results, you can approach the High Court with a writ petition or an application under its supervisory powers, requesting a direction to the trial court to dispose of the case in a time-bound manner.
• What if the complainant or their witnesses are deliberately delaying the case?
  Your lawyer can bring this to the court’s notice. The court has powers to issue summons, bailable warrants, and even non-bailable warrants to ensure the presence of witnesses. If delays persist, it can be argued as a ground for closing the prosecution’s evidence.

What evidence is required?

In defending a false criminal case, the onus is technically on the prosecution to prove guilt beyond a reasonable doubt. However, a strong defense is built on proactive evidence, which can include:

• Evidence of Alibi: Proof that you were somewhere else when the alleged incident occurred.
• Documentary and Electronic Evidence: Emails, messages, call records, location data, or official documents that contradict the complainant’s story.
• Defense Witnesses (DW): People who can testify in your favor and support your version of events.
• Exposing Contradictions: Highlighting inconsistencies in the statements of prosecution witnesses during cross-examination is a powerful form of evidence for the defense.

How long will the trial take to conclude?

There is no fixed timeline for a criminal trial in India. The duration depends on factors like the complexity of the case, the number of witnesses, the court’s caseload, and the conduct of both the prosecution and the defense. A trial lasting a decade is an anomaly and signifies a systemic delay. For such cases, the most effective remedy is not to wait passively but to actively seek judicial intervention from the High Court for a time-bound conclusion, as the right to a speedy trial is a fundamental right of every accused.

Advocate Sudhir Rao, Supreme Court of India