What to do against a false complaint
1. What is a false FIR?
2. How to avoid a false FIR?
3. What to do against a false complaint?
4. What to do against a false FIR?
5. The population in our country is increasing almost every year. This number has increased to crores. Not every time we can make a correct guess about a person's personality . Many types of crimes are happening in India such as theft, robbery, dowry harassment, fraud, rape, etc. There is a process of giving some punishment.
6. For every crime, the law has a different method under which legal proceedings can be taken. The guilty have to face punishment under the crime. An FIR can be lodged against any crime by going to the police station, only then the legal proceedings proceed.
7. Then what is it?
8. The full name of the FIR is "First Information Report". When a crime is committed against any person, he has to go to the police station to report the crime. The first information of any crime has to be given to the police so that action can be taken as soon as possible . The copy of the FIR should have the seal of the police station and the signature of the station chief . Police have registered an FIR and are investigating the matter.
9. According to the information, the place of the incident is detected in the police station area and the case related to the case is also transferred . Many times people also file false FIRs to implicate people due to the nature of revenge, selfishness for some reason. Writing such a false report also comes under punishment. Such unprovoked misconceptions lead to propaganda, which is not true at all .
10. What to do if a false complaint has been filed?
11. First of all, to give a false complaint, give a counter complaint against the complainant to the nearest police station concerned . There is no need to provide evidence at that time. After that the investigation process is completed.
12. Under Section 190A of the CrPC, a private complaint can also be made to the magistrate against a false complainant.
13.A complaint under Section 153 of the CrPC can be made to the magistrate before registering an FIR with the police.
14.When the matter goes to court , you can ask the court for a 'notice of acquisition ' . Under which the complainant will have to collect evidence against you within a certain time period. Then you can bring the truth in front of everyone .
15. Don't let the false complainant's lie prove to be true. File a case using various sections. You can also ask for compensation for mental distress.
16.To avoid false FIRs, some ways have also been suggested in the law, which can be easily avoided by adopting it. Liars get caught in the legal shackles. Because of this, time and money are wasted.
17. What to do against a false complaint?
18. How to avoid a false FIR?
19.If you come to know that a false FIR has been filed against you, then you can also complain to the police about that person .
20. A false FIR filed against you. You can inform the police against this right . So that at the time of testimony you can say that you informed the police.
21. Whenever any information or complaint is given to any police officer, then definitely receive it.
22.If you want, you can also make your complaint on 112 number or a complaint can also be filed by a member .
23.You can also complain to the jail in the presence of being in jail . Your lawyer can do this too.
24. Always write evidence such as audio, video, recording, photograph, any document in your complaint . All this evidence will be very useful in court. At that time it can also be said that despite you giving evidence to the police , the police did not take proper action.
25.It can also be mentioned when it is in front of a witness. You can also inform the police through a witness.
26. If you have a mobile at the time of the allegation , then you should apply to the court and ask for the mobile location so that proof of innocence can be found.
27. If no action is taken against the opposite party on your complaint, then an FIR can be lodged under Section 156 .
28. Take anticipatory bail after taking all the evidence into consideration and avoid going to jail.
29.If you have been implicated by the police, then it can be complained to the higher officer so that later this evidence can be useful to you .
30. Ways to eliminate false FIR –
31.Many times there is a lot of trouble due to going to a false FIR. False FIR. Can be eliminated
32. Even at the time of being charged in the court, if there is no section against you according to the complaint or if the complaint is found to be false, then the court can acquit you at the same time. It is.
33.If the police want, they can end their case on their own due to lack of evidence.
34. After the charge, if after the testimony of the complainant, it is found that a false case has been made against you, then you can be acquitted in the case in the court .
35. Ways to defend against false FIRs –
36.Sometimes in any case, people write false reports against each other out of selfishness, they can also be avoided by false methods . The person against whom a false FIR has been registered under Section 482 of the Criminal Procedure Code . He can give proof of his innocence in the High Court. The court can reject through the application of a false FIR .
37.If a false FIR has been filed, then the section will apply.
38.If an FIR has been lodged for a non-criminal offence.
39.If the FIR contains baseless allegations to prove the offence against the accused .
40. In the event of a false FIR, you can escape under Section 482 of the Indian Penal Code and also come out of the legal hassle.
41.What is Section 482?
42. A false FIR shown against you under Section 482 of the Indian Penal Code can be challenged on the FIR filed by the police on the application sent by the lawyer . You can put a question mark. If you have audio , video, then attach it with the application form, by doing this, the case becomes stronger and the hope of justice increases .
43. How to use Section 482?
44. You can use the current in two ways
45.1) First experiment
46. It is mostly used in cases of dowry and divorce. In such a case, reconciliation is done with the consent of both parties. After which the bride's side files an FIR against the groom in the High Court, after which the high court orders cases registered against the groom under other sections. But they are closed.
47.2) Second experiment
48.It is used in criminal cases. If someone has falsely accused you of theft, assault, rape, then you can file an application under Section 482 in the High Court. The proceedings can be stopped. After this, as long as the case continues according to Section 482 in the High Court, the police can not take any legal action. If there is an arrest warrant, then in such a situation the arrest also stops.
49. Under Section 482 of the Indian Penal Code, a file has to be filled with a copy of the FIR along with the application form along with the necessary evidence. If there is a witness in your favour, it is pertinent to mention that as well. If you do not have any evidence , you can mention the loop holes of the complaint filed with the police.
50.A false FIR can also be filed by the police .
51. If a police officer has filed a false FIR report, action can also be taken against him. In such a case, there is a provision of 6 years imprisonment, a fine of Rs 1000 or both.
52. Procedure after filing a false FIR
53.If you file a false FIR, you should first seek bail. At such times, you can take either an anti-inflammatory bail or a regular bail, which occurs after the arrest . After taking bail, a lawyer is appointed and an application is filed in the High Court.
54.If false FIR. If the evidence of innocence is applied , then the evidence of innocence is submitted to the High Court along with the application. Its authenticity can be proved by showing some important evidence such as audio, video, photo etc . Even if there is a witness, he must be mentioned.
55.If the court finds that the evidence of innocence is correct, the FIR can be dismissed . Once the application is rejected by the High Court , the person can also apply to the Supreme Court .
56. As long as the case goes on, the police can't do anything. If you are proven innocent, a defamation case can also be filed against the person who filed a false FIR. Get it done.
57. Under Section 182 of the IPC, there is a provision of 6 years imprisonment of Rs 1000 against the person who files a false FIR .
58. If a deliberately false FIR against a person. If filed, a writ petition can be filed under Article 216 of the Constitution and an application for quashing the FIR can be made in the High Court.
59.If the High Court finds the evidence of innocence correct, then the FIR can be canceled .
60.The Last Word
61. The legal process of our country is very strong. If implicated in a case in any way , the law always supports it. The biggest owner of law in our country is the Parliament of our country and the Supreme Court and the High Court are the guardians of that law . The legal battle goes on for a long time, but in the end, the truth wins.
62.One should walk on the true path and move forward fearlessly , only then a strong message will be sent to that false complainant, which is also necessary. People's trust in the law of the country increases when the right decision is taken, so the truth should always be supported.