How to quash a false FIR filed against you tells lawyer Sarthak Chaturvedi

Sarthak Chaturvedi

Shedding light on Section 482 of Crpc If someday, in order to wrongly implicate you in a false criminal matter, someone knowingly, lodges a FIR against you, where will you seek a remedy? How will you prove yourself innocent while taking a legal action against such a person? If you are interested in knowing '' What do you do when someone files a false FIR against you'' then do read this article till the very end. This article will be covering every aspect of Section 482 CrPC while explaining '' What is the punishment for false FIR"

Filing False FIR against enemies and then tarnishing their social status has lately become a favorite tool for some sick minded people. In many Instances a person, in order to take some kind of revenge or to destroy their business rivals, falsely implicate someone in a false case and lodge a false FIR against that person. Getting framed in a criminal case and putting up with subsequent police proceedings and interrogation, is the worst nightmare for any innocent person. Registrations of False FIRs against innocents is rising in an alarming rate, in such case, to safeguard themselves against such practices, it becomes imperative for everyone to know their legal rights and procedure of invoking the remedies provided under law.

The Law behind Registration of FIRs

First Information Report ( FIR) is a written document prepared by the police in order to initiate criminal proceedings against the alleged Guilty. The thing to be noted here is that the FIR can only be registered for ''Cognizable Offences''. In case of Cognizable offences the police has right to arrest without Warrant. Murder, Rape, Theft, attack, etc all these crimes falls under the ambit of ''cognizable offences''. In case of non cognizable offences, such as defamation or bigamy , the police cannot register an FIR, hence, cannot arrest without Warrant or they will register an NCR. Since, anyone who knows about the commission of a Cognizable offence can file an FIR and since, this right can easily be exploited at the hands of some criminal-minded people, there are some legal provisions that can be invoked for quashing of false criminal proceedings if someone files a False FIR against you.

Code of criminal proceedings 1973 (CrPC) laid out some provisions for quashing of criminal proceedings.

One such provision is section 482 of CrPC.

What is Section 482 of CrPC and how it can be invoked to fight a false FIR lodged against you?

Section 482 of CrPC explains the inherent powers of the High Court.

1. Section 482 of the code specifies that a High Court has got the power to act in any manner in order to make the two ends of justice meet.

2. Under this section, a High Court can quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with the sole motive to defame and trouble the aggrieved person.

3. If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of CrPC.

4. The burden of proof is on the petitioner to prove that the FIR has been lodged only for malicious reasons and to trouble the petitioner.

So, If a false FIR has been lodged against a person then under section 482 of CrPC, the person can approach The High Court by filing an application for the quashing of the false FIR and The High Court, if convinced that the FIR has been falsely implicated, can use its Inherent power under Section 482 Crpc to quash the FIR and set the alleged person free if he has been arrested.

What is the Punishment for the person who filed a false FIR against someone

Under section 182 and 211 of IPC, a person who files a false FIR against someone can be held guilty. The sentence for such an act is-

1. Imprisonment which may expand up to 6 months or Fine or penalty which could possibly extend to one thousand rupees, Or both. How to Initiate a prosecution against the complainant for framing a false case against you?

Follow these steps:

1. By invoking section 211 of the Indian penal code, file a complaint against a malicious prosecution.

2. By invoking Section 182 of Indian penal code file a complaint for knowingly giving false information to the police and for intending to use powers against an innocent person.

3. File a complaint against concerned police officials for misusing their powers. This kind of complaint can be filed before State Human Rights Commission.

4. File a Civil Suit against the complainant and the police and ask for the compensations.

To conclude, A law is made to protect people, but there are some sick minded people who, in order to get some money or fame, uses laws to blackmail innocent people. For this reason, the lawmakers have made certain laws that protects innocents against the misuse of these laws. Being a lawyer it is my duty to spread legal literacy and protect people from falling prey to such sick conspiracies.

Sarthak Chaturvedi - The author is a Lawyer at Supreme Court of India and a Partner at a leading law firm. The views expressed here are personal.