How can I seek acquittal and compensation in a false case under IPC 353 and 269?

Advocate A M Iktear Uddin (anik) Answered: 07 Dec 2024

To seek acquittal and compensation in a false case under IPC Sections 353 (assaulting a public servant) and 269 (negligent act likely to spread infection), you must seek the help of a lawyer to file an application of acquittal in the court, arguing that there is no evidence and present your defence. You may approach for compensation through an article 226 of the Constitution based upon wrongful prosecution and a wrongdoing to your life once found innocent. Prepare every evidentiary document with your harassment and detention proofs where courts have passed their judgement for compensations as cases arose due to misconduct from Police and Malicious prosecution in cases.

Advocate Ayantika Mondal Answered: 07 Dec 2024

You should first seek the assistance of a lawyer to file a petition for acquittal before the relevant court, which will argue that the charges are baseless and produce evidence of your innocence. After being acquitted, one can also file a different kind of petition for compensation under Article 226 of the Constitution or Section 250 of the CrPC based on wrongful prosecution and the mental torture caused by the false accusations. It is very important to document all the harassment evidence, including the misconduct by the police, so that the claim for compensation may be strengthened, since courts have recognized the need for accountability in cases of wrongful prosecution.

Advocate By LEAD INDIA Answered: 07 Dec 2024

Sir, for acquittal there must be a strong defense and proof of the false nature of the case are crucial and regarding compensation, legal remedies exist, but it will depend on the evidence and facts presented during the proceedings. It is advised to consult an expert lawyer who will assist you to navigate both criminal and civil legal processes for justice. For further legal assistance us on our helpline number.