How Can You Protect Yourself If Wrongly Accused Of A Crime

As we all know, there are many women centric laws. Every law has its drawbacks and these women centric laws have the major drawbacks of false complaints. These laws are abused by filing false FIR against a person. The false FIR is made with an intention to take revenge or to harm the reputation of another person.

Legal Provisions available in case of false accusation

• Section 528 of BNSS empowers the High Court to quash the FIR if it lacks the legal merit. It allows men to contact the court and request the dismissal of fraudulent cases, guaranteeing that justice is done and truth wins.
• Section 227 of BNS penalises the giving of false evidence. When the accused shows that the complainant or witnesses intentionally gave false evidence or made deceptive remarks under oath, this provides a strong defence against false accusations. Using this clause, a person can uncover the truth and take legal action against those guilty for the bogus claims. Section 229 provides the punishment for giving false evidence. It states that if the person gave false evidence in judicial proceedings then he will be punished with imprisonment upto seven years and fine upto ten thousand rupees. In any other case, he will be punished with imprisonment upto three years and a fine of upto five thousand rupees.
• Section 248 of BNS punishes the making of false charges. The aggrieved person can use these provisions to counter the malicious intent behind the false charge. By utilising these provisions, innocent men can regain their reputations and restore justice in the face of hardship.

How Can You Protect Yourself If Wrongly Accused of a Crime

• If you are a victim of false allegation then the first thing you should do is to apply for anticipatory bail from the nearest court having jurisdiction. Seeking anticipatory bail not only helps the victim avoid arrest, which can entail significant mental anguish and loss of reputation, but it also allows him to better prepare for his defence.
• You should consult the criminal defence attorney to defend you in case of false allegation. The attorney will guide in taking measures in such a situation. One of the advantages of hiring an attorney when you are a suspect is that he may be able to take preventative actions that result in you never being charge with a crime. In some situations, he may be able to discuss your case with the police or prosecutor and give evidence that persuades them that they have the wrong individual.
• In some cases, it may be appropriate to file a counterclaim against the accuser for false accusations. Taking legal action allows you to clear your name and hold the accuser accountable for their actions.
• You should preserve any evidence. Be it SMS, emails, photos, videos. These will help in establishing your innocence in the court.
• The witness’s contact information is crucial. Even if the charge does not have legal ramifications, you can take actions to restore your reputation and emotional wellness.
• You can even apply for quashing of FIR under the BNSS. It can be quash by the High Court. However, there are several grounds that the accuse must establish, such as proving that the act or omission of the accuse against which the allegation has been make does not constitute an offence, that the incident allege in the complaint never occur, that the allegations are baseless and were file out of personal enmity, and so on.
• If you are formally charge with a crime, your attorney must perform a comprehensive investigation of the crime and the prosecutor’s evidence, interview witnesses, and retain expert witnesses as need. An investigation can assist in determining the strengths and weaknesses of the prosecutor’s case and your defence.

Types of False Allegation cases in India

• Many a times, a false FIR of rape is register even if rape has not been commit. This is the harsh charge as the offence of rape is a grave offence. Its punishment is grave punishment.
• There are many instances where the false case of child sexual abuse has been file.
• There are many workplace bullying false complaints has been file. According to a 2003 Workplace Bullying Institute poll, common bullying strategies include assigning unjustified blame for “errors,” using angry body language, making disparaging remarks, treating victims in silence, and imposing arbitrary regulations.
• Workplace mobbing is the damaging and systematic targeting of an individual by a group of coworkers or superiors. This behaviour frequently includes persistent intimidation, gossip, exclusion, and other forms of psychological and emotional abuse. 
• The targeted individual may feel isolated, and stressed, and experience a decrease in mental health. Workplace mobbing can have serious consequences for both the individual’s career and personal life. To address such behaviour, management must take a proactive approach, foster a respectful culture, and develop procedures to avoid and respond to mobbing situations.
• There are also many false cases of stalking being file. Sheridan and Blaauw (2004) claimed to have calculated an 11.5% proportion of fraudulent allegations in a sample of 357 stalking reports.

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