First Information Report also known as FIR is the first step towards initiating criminal proceedings against the accused as per Section 154(1) of CrPC, However, in cases of false FIR, the allegations put forth by the complainant are either completely false or untrue to the facts. Moreover, made to falsely implicate or harass a person for some personal or professional reason.
How to know whether you are being targeted under a false charge?
Firstly, no procedure would be followed as prescribed under CrPC like a subordinate might conduct the arrest without prior notice of the superior or you won’t be informed of your offence or an officer can keep you in a cell for more than 24hrs or can arrest a woman after 6 pm or without any police officer these are few examples. Next police would force you to settle the matter with the other side beforehand, call you, and ask to bring the evidence to the police station Sometimes, the facts would not match the sections you are charged under. So, these are few examples of how one might now be targeted under false FIR.
What to do further if you have been arrested?
First and foremost you can take legal help that is consult a lawyer of your choice who will then help you further throughout the legal proceeding. You can even file for anticipatory bail as per sec 438 of CrPC in which you can file an application to the sessions court or high court and provide all the material evidence and copy of an FIR. A writ petition can be filed under art 226 which will help you bring the issue to light. Furthermore, you can also apply for quashing of FIR under sec482 of CrPC it can be done if the act or omission based on which the FIR has been lodged does not constitute an offence, or Offence which the FIR has been registered against the accused has never happened or the allegations put forth by the applicant is baseless or made without any reasonable ground to prove an offence against the accused.
Punishment for registration of a false FIR
- Under sec 182 of IPC if a person gives to any public servant any information which he knows or believes to be false, intending thereby to cause any annoyance to the person or the public servant or cause him to do anything which he might not in normal circumstances be imprisonment for 6 months or fined or both.
- Under sec 211 False charge made with intent to injure any person is an offence and shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding is instituted on a false charge of an offence punishable with death, or imprisonment for seven years or upwards, shall be punishable.
- Under sec 250(2) CrPC compensation for accusation can be filled.
- The accused can also file a complaint against the appellant under a defamation charge.