Do you know what is FIR, why it is done, it has been seen many times that a person in anger, in mutual rivalry, makes a false FIR to take revenge on someone.
In such a situation, how can the person for whom a false FIR is made, save himself. There are some such laws in India under which he can save himself. Let us study through this article what are the laws to avoid false FIR.
Often people think that if someone registers a false FIR, will he not face any problem in getting a government job or during the interview, or he will not be fired from the government job, how can he take action against the false FIR? is, etc.
Every day small and big criminal incidents are seen and heard in the country. In such a situation, the person with whom the crime is committed goes to the police and files an FIR. Do you know what is an FIR and how is it written?
What is FIR?
FIR is called First Information Report. When there is a crime with someone, theft, etc., they get a report written to the police and this is called FIR. It can also be understood that when the first information of the incident is changed in writing, then it is an FIR.
Let us tell you here that under Section 154 of CrPC, the police are required to register an FIR in cognizable cases.
What to do if someone files a false FIR?
It has been seen that some people get a false or fake FIR written against each other in the police in mutual differences. Against whom there is a false FIR, he gets caught in the legal mess of the police and the court, and his time, money, etc. is wasted.
But there are some ways against false FIR which can be avoided. Let’s know about it. Section 482 CrPC in the Indian Constitution is one such law, by using which unnecessary troubles can be avoided.
What is section 482 of CrPC?
Under this section, an application can be made in the High Court through a lawyer. Along with this, the person can also give evidence of his innocence. That is, under Section 482 of CrPC, the person against whom an FIR is lodged can challenge it and demand fair justice from the High Court.
For this, with the help of a lawyer, the application is made in the High Court and the question can be raised against the false FIR.
A person can approach the High Court for cancellation of false FIR by filing an application under section 482 of CrPC on the following grounds-
- If false FIR has been lodged.
- The offense which has been registered against the accused should never have happened.
- The FIR should contain only baseless allegations without proper ground to prove the offense against the accused.
Let us tell you here that there are two types of offenses: cognizable offenses i.e. serious offenses such as shooting, murder, dacoity, etc. and non-cognizable offenses are very minor offenses such as assault. And so on.
FIR is registered in cognizable offenses and in such offenses police can arrest without warrant whereas in non-cognizable offenses NCR (non-cognizable report) is registered. In this type of crime, the police cannot arrest without a warrant.
If the police do not register an FIR in a cognizable offense:
- To register an FIR with the police under section 154 of CrPC.
- If the police do not register an FIR under section 154, then the victim can submit his application under 154(3) to the senior police officer or SSP in writing or by registered post.
- If even after this the FIR of the victim is not registered, then he can approach the magistrate under section 156(3) and then the magistrate directs the police officer to register the FIR, then again the officer should register it. and its registration has to be started.
If someone registers a false FIR,
Then the first bail should be taken in such a situation, either anticipatory bail can be taken so that you can escape or you can take regular bail which is taken after arrest.
After making bail, first of all, a lawyer has to be done and with his help, an application has to be made in the High Court under section 482 of CrPC. If the FIR has been made false against a person, then he must have some evidence of innocence.
These innocence proofs are also attached with the application and given in the High Court. Anything like audio, video, photographs, or letters can be used as evidence.
For example, if someone makes a false FIR against you for committing theft, then you can put it as evidence that you were not there at that time, and the proof of the place where you were can be given.
Also, with the help of a lawyer, you can prepare evidence or evidence. If there is any witness in your favor, then do not forget to mention that too in the application.
When the application is given in the High Court under Section 482 of CrPC, then there is a hearing and if the court feels that whatever evidence or evidence you have presented is true, prove your innocence, then the court will send that FIR.
But if you are not able to give full evidence in the court to prove your innocence, then the court rejects the application. Due to which charges are then imposed on that person and then the trial starts.
Let us tell you here that after the application is rejected from the High Court, a person can also apply in the Supreme Court.
It is also worth noting here that if someone makes a false FIR against you and you give an application against him under section 482 of CrPC, then till the time your case is in court, the police will not file any complaint against you.
Can take action nor can arrest you. The court can also give necessary directions to the investigating officer for the investigation.
When the High Court gives a judgment according to you and your innocence is proved, then if you want, you can file a defamation case against the person who made false FIR against you in which you can get compensation ( CrPC 250 ), or You can get him punished too.
Or IPC section 211, Under this, you can file a case against him in which he can be punished with imprisonment of up to two years, a fine, or both.
Also, under section 182 of IPC, action can be taken against the police officer who has registered a false FIR. In such a case, there is a provision of imprisonment up to 6 years or a fine up to one thousand or both.
When a Government servant has a duty to prepare a document and he so prepares that document with the intention of causing injury to any person, he is liable under section 167 of the IPC. In such a case, there is a provision of imprisonment up to three years, a fine, or both.
When any Government servant has a duty to produce any document and he prepares that document with the intention of
- to cause injury to any person, or
- to protect any person from legal punishment, or
- to protect the person from confiscation of property under any law. In such a situation, there is a provision of imprisonment up to three years, a fine, or both under section 218 of IPC.
When any person, by misusing his legal right, wrongfully commits any person to trial or wrongfully confines such person, he shall be punished with imprisonment of either description for a term which may extend to seven years, under section 220 of the IPC. And both are provided.
Under Article 226 of the Constitution, you can also apply against a false FIR in the High Court:
Article 226 of the Constitution Writ Petition (226 Writ petition under Art under of Constitution): If you went to a person registered against false FIR by someone, by a filed a writ petition under individual Article 226 of the Constitution, such as FIR Can approach the High Court for cancellation.
If the High Court after seeing the evidence finds that the person against whom the FIR has been made is innocent, then it quashes the false FIR. In such a case, the High Court may issue writs-
Mandamus writ – This writ can be issued against a police officer who has filed a false FIR and legally directs the court to perform his duty properly.
Definition of writ of mandamus: This writ is issued by the court when a public officer refuses to discharge his duties and for which no other legal remedy (with no legal remedy) is available.
By this writ, in addition to the officer of any public office, an officer of a subordinate court or corporation can also be ordered to ensure the performance of the duty assigned to him.
Prohibition Writ – This writ can be issued to the subordinate court which is prosecuting the person on the basis of a false FIR registered against the accused. A writ of prohibition is issued to stop such criminal proceedings.
Definition of Writ of Prohibition: This writ is issued by a higher court against subordinate courts. By issuing this writ, subordinate courts are prevented from functioning outside their jurisdiction. Through this writ, the subordinate court is ordered to take immediate action in any matter and provide information about the action taken.
The law is made only to protect our rights, but it cannot be misused to hurt anyone. Nowadays, many such cases are seen or heard in which false FIR is registered to hurt the reputation of the person in some mutual enmity.
Generally, in the cases of dowry, etc., it has been seen that even if the person has been proved innocent under the law, but in society, he is seen with a view of condemnation.
He is not able to get the same respect as before. So now you must have known that how can a false FIR be avoided, what are the provisions in the law for this, as well as what action can be taken against the person who has lodged the FIR, and how.