What If Someone Implicates You With False Charges ?

False allegations, as suggested by the name would refer to such a statement or comment claimed against a person without any evidentiary value or if it is not known that such statement is true or not, with the intention to defame such person or causing agony. Such false allegations would lead to vexatious and malicious litigations in the court, which would often lead to wastage of the precious time of  courts and as well as the time and energy of the victim.

A legal case would drain all your energy, the situation, however worsens, when you get falsely  implicated in a legal case. Below mentioned are some of the remedies which could be of some assistance, however it is advised to seek immediate assistance from experienced lawyers near you, who may offer you appropriate advice for the matter involved. 

Legal Remedies Available

• Anticipatory Bail- as soon as a FIR has been filed against you, you have the option of filing for an anticipatory bail in either the Session’s Court or High Court under the Section 238 of CrPC before an arrest has been made. After you are arrested you can file for bail under Section 437 and Section 439 of the CrPC. 
• Quashing the False FIR- an application under Section 482 of the CrPC could be filed before the High Court seeking direction to quash the false FIR filed against you. It is advised to seek the advice of an experienced advocate to guide you through every single step. The application under Section 482 could be filed at different stages. 
• Discharge Application- under Section 227 of the CrPC, the accused could file a discharge application, in order to get discharged from the offence charged on the basis of a false FIR. the court could grant the application on the grounds-
• No prima facie evidence could be found in the charge sheet against the accused.
• The trial cannot be commenced because of insufficiency of the evidence on record. 
• The evidence so produced is inadmissible under the Indian Evidence Act.

Punishment for a false case

Even if one gets acquitted of the charges and accusations, one has to still face the social judgments as well as the stigma of being a criminal or one against whom a criminal case was once filed. Below mentioned are some of the provisions of law which have been provided in case someone misuses the law-

• False Information- Section 182 of the IPC provides a punishment of a period up to six months for knowingly trying to cause the public servant to use his lawful power to cause injury to another person by providing false information. 
• Falsely charged with an offence- Section 211 of the IPC provides for a punishment of up to two years, or with fine or both for falsely filing charges against an innocent person knowing that no just or lawful grounds are not there for such proceedings. If the offence charged is punishable by death, life imprisonment or imprisonment for a period above seven years, then the wrongdoer shall be punishable with imprisonment for a period extending up to 7 years. 
• Defamation- under Section 19 of the CPC, the victim can seek compensation for defamation caused due to false accusations.
• The victim can also file for criminal defamation suit under Section 499 r/w Section 500 of the IPC, the defendant could be liable for a period of imprisonment up to 2 years or fine or both. 

Conclusion

Though no specific statute or provision has been provided in the Indian legal system listing down the protective measures against any such false allegation or complaint, numerous  relevant sections of the Indian Penal Code, Code of Criminal Procedure, Code of Civil Procedure, as well as the Indian Evidence Act could be applied parallelly in order to obtain relief or initiate legal proceedings against such frivolous allegations and complaints. 

Lead India offers you a team of experienced advocates who have been successfully handling various civil as well as criminal matters for years, and could offer you appropriate advice as well as guidance for the legal issues involved. Thus, if you wish to seek free legal advice online or wish to talk to a lawyer, you may contact us.