If a false case is registered against you, what will you do?

 

1. Take anticipatory bail u/s 438 crpc

2. If you are arrested then take regular bail u/s 437 and section 439 crpc

3. If charge sheet is produced by the police in the court against you, file write petition in HC for quashing false FIR

4. Write petition can be filed u/s 482 crpc in HC alleging the abuse the process of law to secure ends of justice

5. If the charge sheet has been filed in the court produce write petition u/s 227 for discharging from the offence

6. If trial has started in the session court, move an application for acquittal u/s 232 crpc  

7. Grounds for filing writ petition u/s 482 crpc 

1. No occurrence of crime

2. Baseless allegation 

3. No reasonable ground

4. Barred by limitation act

HC issues two types of writs 

1. Mandamus against a police officer prohibiting him to take further action

2. prohibition - subordinate court will be directed to stop criminal proceedings 

9. Remedies available after being acquitted from the falsely implicated case

1. u/s 182 of ipc, punishment is 6 months with fine of rs.1000 or with both

2. u/s 211 ipc, where the punishment may extend to 7 years and fine if falsely implicated case has punishment of death or life imprisonment or imprisonment for 7 years

10. Provision of compensation for accusation without reasonable cause u/s 250 crpc

11. Remedies available against Police officer for negligently or deliberately lodging false FIR

1. u/s 167 ipc, for framing incorrect documents, punishable for 3 years

2. u/s 218 ipc, for framing incorrect record with the intend to save person from punishment

3. u/s 220 ipc, for commitment of trial or confinement by a person having authority who knows that he is acting contrary to law

4. u/s 19 cpc, or u/s 500 ipc, to sue the police officer under defamation 

12. According to s 3 (2) (1) of SC/ST act. If false and fabricated evidence is prepared against the member of sc/st then the person will be sued for fabrication of evidence and if fabrication relates to offence which is punishable to death, fabricator will be punished to death. 

13. According to s 3 (2) (2) of SC ST act. If offence is punishable with imprisonment for 7 years the fabricated would be punished from 6 months to 7 years or upwards

Conclusion

1. Registrations of falsely implicated cases have been frequent features in our society. 

2. Effective measures must be taken to arrest the frequency of such malicious criminal/civil cases

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