What are the remedies against a false FIR?

Tilak Marg Forum for Legal Questions Forums Criminal Law What are the remedies against a false FIR?

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 4 months, 4 weeks ago.

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  • #4009

    Anonymous
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    If a false FIR has been registered against someone, what can be done to remedy that? How can this injustice be undone and what are the remedies against a false FIR?

  • #4047

    You may try the following if a false FIR is filed against you:

    (1) Provide your side of the story, along with relevant evidence, to convince the police that the FIR filed against you is false.

    (2) If the investigating officer does not appear to be impartial (as you claim the FIR to be false), you may approach the senior officers of police to direct the investigating officer to do a fair and impartial investigation, by including the evidence given by you to prove your innocence and to prove that the FIR is false.

    (3) If the FIR, on the face of it, does not make out any cognizable offence, you can file a petition before the high court under Section 482 of Criminal Procedure Code to get the FIR quashed.

    (4) If the police files a charge sheet in the case, you can file a discharge application in the trial court, showing how there is no prima facie case, if such a situation exists.

    (5) If above steps do not succeed, you may have to face trial in the court. During the trial, the burden is on the prosecution to prove the case against you. Using cross-examination of the prosecution witnesses and by introducing your own defence evidence, you can make efforts to prove that the case filed against you is false.

    (6) If, ultimately, you can prove that the FIR filed against you was false, if you so wish, you can initiate legal action against the complainant for filing false FIR against you.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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