With increasing crime rate, atrocities and mayhem suffered by poor, women and
senior citizens in India, the Indian Judiciary have espoused a very strict mode
to deal with such type of complaints of offences and deterrence has been also
used by the Indian Judiciary to punish the convicts and to control such crime.
But, it's not always veracious facts put before the police or court; as
proliferation of false and vexatious cases before the judiciary has been taken
place for past few decades. In this article we will talk about the false FIR and
how one can get remedy from the Indian Judiciary in a case falsely implicated
against him or her. And also, what the legislature have done till now to tackle
this menace and what can be done to bring deterrent to it.
Increasing number of false cases
The False cases are getting registered in almost everywhere in Indian scenario
whether it is Politics, society or Matrimonial matters;
In 2014, several newspapers of India have covered the data of Delhi Commission
of Women (DCW) which states that53.2% of the rape cases in Delhi, filed between
April 2013 and July 2014 were found to be 'false'.
The Hon'ble Supreme Court while deciding some criminal cases have observed the
reports of National Crime Record Bureau (N.C.R.B) to evaluate the matters of
false implications and F.I.Rs;
In the recent controversial case of Subhash Kashinath Mahajan v The State of
Maharashtra and Ors
.(the SC/ST Act Case ) Hon'ble Supreme Court of India
26.As per data (Crime in India 2016-Statistics) compiled by the National Crime
Records Bureau, Ministry of Home Affairs; ...it is mentioned that in the year
2016,5347 cases were found to be false cases out of the investigated out of SC
cases and 912 were found to be false cases out of ST cases. It was pointed out
that in the year 2015, out of 15638 cases decided by the courts, 11024 cases
resulted in acquittal or discharge, 495 cases were withdrawn and 4119 cases
resulted in conviction. (Reference: Annual Report 2016-2017 published by the
Department of Social Justice & Empowerment, Ministry of Social Justice and
Empowerment, Government of India).
In a case of Rajesh Sharma and Ors. v. State of U.P. and Ors.
 at Supreme
Court MR. Goel A.K. .J observed that; ...according to Reports of National Crime
Record Bureau in 2005, for a total 58,319 cases reported Under Section 498A
Indian Penal Code, a total of1,27,560 people were arrested, and 6,141 cases were
declared false on account of mistake of fact or law. While in 2009 for a total
89,546 cases reported, a total of 1, 74,395 people were arrested and 8,352 cases
were declared false on account of mistake of fact or law.
Mr.Justicej.B. Pardiwala in Dhiren Prafulbhai Shah v. State of
,stated that, I find that various complaints are filed immediately
after elections, be it Panchayat, Municipal or Corporation, alleging offence
under the Atrocities Act. I have no hesitation in saying that in most of the
cases, it was found that the F.I.R.s/Complaints were filed only to settle the
score with their opponents after defeat in the elections.
Under the previous Code of Criminal Procedure there was no provision relating to
anticipatory bail. In the41stLaw Commission of India Reportit was observed that:
The necessity for granting anticipatory bail arises mainly because sometimes
influential persons try to implicate their rivals in false cases for the purpose
of disgracing them or for other purposes by getting them detained in jail for
some days. In recent times, with accentuation of political rivalry, this
tendency is showing signs of steady increase.
What is a First Information Report (F.I.R)?
The first step to initiate a criminal legal proceeding against someone is to
lodge a F.I.R. An information of a cognizable offence committed can be
registered by a person to Police under section 154 (1) of The Code of Criminal
Procedure 1973, Which in general terms known as F.I.R. short for First
·If the police do not register the F.I.R or refuse to register the
F.I.R under section 154 of the Code of Criminal Procedure (Cr.P.C.), then, the
victim can file an F.I.R to a Senior Police Officer or to a SSP under section
154 (3) of Cr.P.C.
·If the F.I.R doesn't get registered by the Senior Police Officer or SSP under section 154 (3) of the Cr.P.C., then the person can approach the
magistrate, and give the information about the cognizable offence committed,
under section 156 (3) of the Cr.P.C., after which the magistrate would direct
the Police to start the investigation and register the F.I.R.
A person deliberately lodges false F.I.R against someone in order to falsely
implicate him in a false case, generally to because of enmity. False information
is information which has been given deliberately with an intention to
Remedies Against False F.I.R/Complaint:
There are several remedies provided in our legal system for person against whom
a falsely implicated case is lodged those remedies are discussed as under:
A. Remedy before the Arrest is made: Anticipatory Bail
The object of Sec. 438 is that a person should not be harassed or humiliated in
order to satisfy the grudge or personal vendetta of the complainant [HDFC Bank
ltd. v J.J. Mannan alias J.M. John Paul
If a False F.I.R gets lodged against a person for a non-bailable offence, then
that person, to circumvent the police custody can apply for Bail under section
438 of the Code of Criminal Procedure, 1973 before the Session Court or the High
Court, before the arrest is made.
The provisions of Section 438 cannot be invoked after the arrest of the accused.
After arrest, the accused must seek his remedy under Section 437 or Section 439
of the Code, if he wants to be released on bail in respect of the offence or
offences for which he is arrested. [Rashmi Rekha Thatoi and Ors. vs. State of
Orissa and Ors.
However, the order made by court for anticipatory bail' can only become
operative on arrest being made, as while granting anticipatory bail' the
respective court makes the order to release the person on bail in the case of
The Proviso of section 438 of Cr.P.C. states that:where the High Court or, as
the case may be, the Court of Session, ...hasrejected the application for grant
of anticipatory bail,it shall be open to an officer in-chargeof a police
station to arrest, without warrant the applicant on the basis of the accusation
apprehended in such application.
B. Remedies after arrest or filling of Charge-sheet before the Court:
After getting the Anticipatory Bail or getting arrested and charge-sheet been
filed by police the next step is to approach the High Court for:
Quashing of F.I.R
1.Inherent Power of High Court under section 482 of the Cr.P.C
Under Section 482 of Code of Criminal Procedure vested the inherent power of the
High Court, to make such orders as may be necessary to give effect to any order
under this Code, or to prevent abuse of the process of any Court or otherwise to
secure the ends of justice.The High Court's inherent powers, both in civil
and criminal matters, is designed to achieve a salutary public purpose which is
that a court proceeding ought not to be permitted to degenerate into a weapon of
harassment or persecution.Hence, if the High Court is of the opinion that
there is no prima facie ground made against the accused and the complaint lodged
against the accused is vexatious, then the Hon'ble High court by using its
inherent power vested under section 482 of the Code of Criminal Procedure, 1973,
may quash the F.I.R.
Guidelines to Quash the F.I.R under section 482 were laid down by SC;
In State of Haryana and Ors. v. Bhajan Lal and Ors
.,the Supreme Court
observed, that though it may not be possible to lay down any precise, clearly
defined and sufficiently channelised and inflexible guidelines or rigid formulae
and to give an exhaustive list of myriad kinds of cases wherein such power
should be exercised;
No Prima Facie Case: Where the allegations made in the first information
report or the complaint, even if they are taken at their face value and accepted
in their entirety do not prima facie constitute any offence or make out a case
against the accused.
Absence of Cognizable Offence: Where the allegations in the first
information report and other materials, if any, accompanying the FIR do not
disclose a cognizable offence, justifying an investigation by police officers
Under Section 156(1) of the Code except under an order of a Magistrate within
the purview of Section 155(2) of the Code.
Commission of Crime not disclosed: Where the uncontroverted allegations made
in the FIR or complaint and the evidence collected in support of the same do not
disclose the commission of any offence and make out a case against the accused.
- Investigation begun without the order of Magistrate in Non-cognizable
offence: Where, the allegations in the FIR do not constitute a cognizable
offence but constitute only a non-cognizable offence, no investigation is
permitted by a police officer without an order of a Magistrate as contemplated
Under Section 155(2) of the Code.
Lack of Evidence: Where the allegations made in the FIR or complaint are so
absurd and inherently improbable on the basis of which no prudent person can
ever reach a just conclusion that there is sufficient ground for proceeding
against the accused.
Legally Barred: Where there is an express legal bar engrafted in any of the
provisions of the Code or the concerned Act (under which a criminal proceeding
is instituted) to the institution and continuance of the proceedings and/or
where there is a specific provision in the Code or the concerned Act, providing
efficacious redress for the grievance of the aggrieved party.
Vexatious Proceeding: Where a criminal proceeding is manifestly attended
with mala fide and/or where the proceeding is maliciously instituted with an
ulterior motive for wreaking vengeance on the Accused and with a view to spite
him due to private and personal grudge.
On proving of above points the High Court on its discretion may use its
inherent power' vested under section 482 to quash the F.I.R.Apart from Section
482, one can get the remedy against false cases against him through writ
petition before High Court's;
2. Writ Jurisdiction under Article 226 of the Constitution of India
When a false F.I.R is lodged against the accused and a police officer or
government servant knowingly registers such F.I.R and when the Subordinate Court
passes any Order against the accused, in mistake of facts or ignoring the above
fact, then the person aggrieved can approach the High Court under Article 226 of
the Constitution of India to file a writ petition and High Court after getting
satisfied that there is grave injustice taking place, the Hon'ble High Court can
pass a writ of;
The Writ of Prohibition can be passed by
the Hon'ble High Court to the Subordinate Court under which such vexatious is
going onto stop such criminal proceedings.
The Writof Mandamus can be passed by the
Hon'ble High Court to order the police department or to the police officer, who
has lodged false F.I.R against the accused, to perform their duty legally.
C. Remedies after getting acquitted from the falsely implicated case:
After getting the false F.I.R quashed by the Court through above mentioned legal
procedure, the person against whom the false case was made can get the following
- Compensation for accusation without reasonable cause:
of the Cr.P.C lays down the provision that if a magistrate while acquitting the
accused, thinks that there was no reasonable ground for making the accusation
against the accused person', he may order the person making such false
accusation to pay compensation to the accused person. (Section 250 clause 2 also
states that the amount of compensation shall not exceed the amount of fine the
magistrate is empowered to impose).
Filling a Civil Suit for Defamation:
Filing of false case against a
person is generally done by people to defame and torture the person with whom
they are having grudges and enmity, even after getting acquitted from that case
or that case being quashed the person goes through humiliation of character
assassination in the society. Hence, such a person can file a civil suit under section 19 of the Code of Civil Procedure, 1908;for compensation of his
defamation from the complainant of the false case.
The Persons lodging false F.I.R are liable for the punishment under the
Penal Provisions for the Persons lodging false F.I.R:
- False Information under Section 182 of Indian Penal Code:
to this section; if a person gives information, to magistrate or police or any
other government official, which he knows to be false, with intention to cause
that public servant to take such actions which cause injury or annoyance to any
person, shall be punished with imprisonment up to Six months, or Fine upto One
thousand rupees or both.
- False Charge of offence made with intent to injure under Section
211 of I.P.C:
According to this section; if a person with intent to cause injury to
any person, institutes a criminal proceedings or falsely charges any person if
an offence, knowing that there is no sufficient ground for such criminal
proceedings or charges, such person shall be punished with imprisonment upto 2
years, or with fine, or both;
If such criminal proceeding be instituted on a false charge of a offence which
is punishable with death, imprisonment for life or for seven years or more, than
the person making such false chargesshall be punished with imprisonment which
may extend to seven years and shall also liable for fine.
- Framing of incorrect document by Public Servant to cause Injury
under Section 167 of I.P.C.:
According to this section; if a public servant
knowingly submits a false document with the intent to cause injury to any person
with that false document; shall be punished with imprisonment upto 3 years, or
with fine, or both.
- Criminal Defamation under Sections 499 r/w 500 of I.P.C
above remedies, the person against whom the false F.I.R was lodged, after
getting acquitted from that false case or after getting the F.I.R quashed, can
file a criminal defamation case against the person who has falsely implicated
him in the previous case, shall be liable for imprisonment upto 2 years, or with
fine, or with both, under section 500 of the Indian Penal Code, 1860.
Steps taken by legislature in India to tackle cases of False F.I.R.:
According to 192nd Report of the Law Commission on Prevention of Vexatious Litigation'have suggest that the central should implement Vexatious Litigants
Act, in which it was pointed out that the Vexatious Litigants Act has
beenal ready implemented in former state of Madras and State of Maharashtra,
under which a person who is repeatedly registering false cases against other
person would be barred from making a direct complaint of an offence and could
only be allowed to make complaint after getting the approval from the respective
From the above discussion it is clear that there are many prudent legal
provisions to punish the offender who institute a false case, but in the
presence of these legal provisions, the courts have witnessed an increase
offalse cases large number. Hence, there is a need to bring a special law to
deal with the false cases as recommended by the Law Commission in its
192ndreport, to bring strong deterrence in society regarding this crime. Apart
from this there is a need to spread awareness in people regarding their rights
and remedies available in case of a false F.I.R.
- MANU/SC/0275/2018 : AIR 2018 SC 1498.
- MANU/SC/0909/2017 : AIR 2017 SC 3869.
- 2016 CriL J 2217
- Subhash Kashinath Mahajan vs. The State of Maharashtra and Ors. (20.03.2018
- SC) : MANU/SC/0275/2018
- AIR 2010 SC 618
- Vineet Kumar and Ors. vs. State of U.P. and Ors. : MANU/SC/0351/2017.
- State of Karnataka v. L. Muniswamyand Ors. MANU/SC/0143/1977 : 1977 (2) SCC
- MANU/SC/0115/1992 : 1992 Supp (1) SCC 335
To learn More about Quashing FIR:
Quashing of False FIR registered under 498A and 406 of the Indian Penal Code
Quashing of FIR/Criminal Proceedings Under Section 482 of CrPC
First Information Report (FIR)
FIR: Indian Evidence Act, 1872
The Basic Purpose of Filing FIR
Evidentiary Value of FIR
Supreme Court Guidelines on FIR
The Power of The Magistrate Under Section 156 (3) of Cr.P.C
Quash 498a -Vague allegations in FIR
FIR Its Evidentiary Value, Consequences on Denial By The Police To Lodge
Executive Magistrate Cannot Direct Police To Register FIR: SC
Basics of a Police Complaint