What should you do if A False FIR Is Filed Against You?

In criminal cases the First information report (FIR) is lodged under Cr.P.C; sec 154(1) (X) before the police. Only in cases of cognizable offenses, FIR is lodged under sec2(c) of Cr.P.C and the same is not applicable for non- cognizable offenses. There is a list of cognizable offenses defined under Cr.P.C schedule 1 for which FIR can be lodged. There are many situations and instances where false FIR could be lodged against a person in order to falsely implicate or harass him/her with an intention to knot him in a false case. Therefore, this article concludes the information explaining how a victim of any such false FIR can take action against the person who is solely responsible for lodging false FIR.

Most of the time it is noticed that the person intentionally lodges a false FIR against another with a deliberate attempt to harass or falsely incriminate him/her in order to knot him/her in false case. So, the main grey area to be questioned is, where did the victim or sufferer of such false FIR could seek his/her remedy? What actions could be taken against such person? Hitting on the finest yet the reasonable reason for seeking remedy and claiming the right action is the key.

In cases where false FIR is lodged by someone, then under such circumstances:

1. The victim can file an application under section 482 of Cr.P.C to their respective high court for quashing the false FIR.

Section 482 under central government act of Cr.P.C has a vast scope as it mentions about; saving of inherent powers of the high court. Inherent powers stated under the above-mentioned sections helps to cut the ties of false FIR and quashing of the same, criminal proceedings and even investigation. This section mentions about the inherent powers, the high court has been vested with to pass any necessary order and also signifies its application regarding the processing of justice and removal of injustice when needed in order to-

  • To prevent or avert the abuse or even perversion of the process in the court of justice.
  • To secure the ends of the magnitude of justice to the citizen and people.

In the case of “Som Mittal vs. government of Karnataka”,

  • The supreme court of India for this situation expressed that: at whatever point there is a grave unnatural birth cycle of equity submitted if the preliminary is permitted to continue or where for the situation the denounced is annoyed pointlessly if the preliminary is permitted or on the off chance that it seems to court by all appearances that the preliminary is likely or going to end in exoneration at that point, under such conditions the innate forces of the court under s482 of CrPC can be conjured by the high court contemplating:
  • To forestall the maltreatment or abuse of the preparation of any official courtroom and to make sure about and balance out the exceptional parts of the bargains or to hold the respectability of the equity to be kept up.

The very foundational or the ground aspect on the basis of which one can go to the high court under the applicability of section 482 of CrPC for quashing a false FIR.

“For quashing an FIR a person need to approach the high court for filling the application under the above-stated section on certain justified grounds:

  • The act or the omission on the basis of which the FIR has been lodged does not qualify the commission of an offense as per the law.
  • The offence or crime due to which the FIR has been lodged against the accused has never happened; the FIR contains baseless or uncorroborated claims and allegations without any justified or reasonable ground to prove an offence against the accused.”

Looking at the ground aspect of the case: “Abasaheb home vs. the state of Maharashtra”

  • Under this case it was held that the natural intensity of the court ought to be practiced in a sparingly way and regarding the fulfillment of condition points of reference so as to exercise such power

“For exercising such power, the doctrine of inherent power plays the role of basic support. The court of law is invested with the power to perform justice and to exclude injustice by taking into consideration to not violate the basic rule of law. In the provision of the code under section482 which specifically mentions the power of the court to quash is the sole power where the court of justice is empowered and hold the authority with respect  to basic rule of law to quash the FIR and even the criminal proceeding in furtherance of the same.”

Stages under which application can be filed under section 482 for quashing of a false or frivolous FIR are:

“The application could be made to the high court for getting frivolous or false FIR quashed under section 482 of crpc –

  • Before filing of the charge sheet – By the Police;
  • After filing of the charge sheet – By the Police;
  • After the commencement of the Trial or, during the pendency of the ongoing Trial”

Guidelines stated by the supreme court of India for the quashing of false fir u/s 482 of CrPC. The guidelines have been explained by the Supreme Court in the case of Sundar babu & ors. Vs. state of Tamil Nadu:

  • When the FIR is registered against the accused and doesn’t have any prima facie evidence against the same with respect to the offence committed for which it is charged. When the allegations framed in the registered fir doesn’t disclose any cognizable offense against the accused.
  • When the framed allegations or claims and evidence mentioned in the FIR collected by the police and the same evidence mentioned doesn’t disclose the commission of any crime or offence that constitutes or sand the case against the accused.
  • In case of non-cognizable offenses, police can’t start the investigation as per the law without any order of the magistrate as stated under section 155(2) of CrPC and even when the basis, the ground on which the case is being constituted turns out to be absurd or unbelievable then the case holds no solid ground to initiate the proceeding as per law against the person.
  • When there is an express bar specifically stated to initiate legal proceedings dealing with any act under criminal matters and where the FIR has been lodged with malicious intent or instituted deliberately with a wrongful motive in order to falsely or frivolously implicate a person to tie him/her with false case to satisfy his/ her personal jealous and grudges.

Filing of the Writ Petition under Article 226 of the Constitution of India:

  • Whenever a false FIR is held up by an individual against someone else, at that point such individual should straight advance go to the high court and record a writ under article 226 of the constitution for suppressing the bogus FIR. what’s more, in the wake of documenting the writ request, if the high court discovers that injustice has been done or served to the individual, it can straight away according to the law suppress the bogus FIR.
  • IN Such cases high court as per law can issue two types of writes which are as follows;
  1. Mandamus writ: it can be issued against the police officers who have performed their duty in unlawfully by lodging false FIR, and it directs the same to perform their duty in a lawful manner.
  2. Prohibition writ: it can be issued to subordinate court in order to stop such proceedings based on false FIR against the accused.

Punishment for the person who lodges false FIR against someone:

He shall be held guilty under section 182 and section 211 of IPC (but after applied to High court for the same).

Section 182 of the Indian Penal Code on lodging of false FIR:

There are conditions where a one deliberately helps bogus or counterfeit data to a local official which sets the ground for unfair misfortune to other people. The lawful framework has recommended punishments under disciplines where one deliberately or vindictively outfits and conveys bogus data to any official public servant.

The sentence for such an act is

  • Imprisonment which may expand up to 6 months, or
  • along with fine or penalty which could possibly extend to one thousand rupees,
  • Or both.

“Case: Harbhajan Singh Bajwa vs. Senior Superintendent of Police, Patiala & Anr”

“Whenever any information is given to the authorities and when the said authority found that the accusations made in the complaint were false, it is for that authority to initiate action under Section 182 I.P.C. The offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months or with fine or with both.

When the authorities themselves found after investigation that the accusation made by Ashwani Kumar in his complaint was false, it is for them to initiate proceedings immediately or within the prescribed period as provided under Section 468 Code of Criminal Procedure.

The acceptance of the cancellation report by the Court is immaterial. It does not save the limitation under Section 468 Cr.P.C. which prescribes the period of one year for taking cognizance if the offence is punishable, with imprisonment for a term not exceeding one year.

Since the offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months only, the authority should file the complaint under Section 182 I.P.C. within one year from the date when that authority found that the allegations made in the complaint were false.

Since more than four years elapsed from the date when the authority found the allegations were false, no question of filing any complaint under Section 182 I.P.C. at this belated stage arises”.

Sec 211 of IPC: here, the charged person against whom false FIR has been prepared can raise an application u/s 156(3) or a Complaint u/s 200 of Crpc ahead of the Magistrate Court against such person.

That person shall be punished with:

  • Imprisonment- May extent to 2 years;
  • Fine;
  • both

On the off chance that such criminal continuing has incited based on an erroneously charged offense which is culpable or condemned by Death or even detainment forever or Imprisonment for 7 years or more.

“Then such person shall be punishable with-

  • Imprisonment for a time which may extend to seven years, and
  • Even Liable for fine.”
  1. Sec 250(2) talks about Compensation – accusation without any reasonable stated cause –“ If the Magistrate acquits the accused against whom the false FIR has been prepared, then he can claim for the Compensation u/s 250 of Crpc against the person who has lodged such false FIR against him.”

The victim can file a complaint of Defamation against the person who lodged a False FIR against him: Due to great harm caused to the reputation of the victim.


Laws are made so as to monitor our essential endurance rights, yet it can’t be abused or manhandled to make damage or injury somebody. These days, the measure of cases has essentially more noteworthy than before where bogus or negligible FIR is recorded by somebody so as to mistakenly implicate someone else in a bogus case. By doing this, he makes enormous harm the notoriety of the individual, just like the under the law, the individual should be blameless until demonstrated blameworthy however the world in which we remain alive at present, presumes one liable once the individual is blamed for an offence or wrongdoing regardless of whether the bogus FIR has been documented or enrolled or later on he gets absolved by the court, yet he can’t gain that regard back in the general public. For the most part, such bogus FIR is documented in instances of Dowry request, Cruelty to ladies, Dowry Death by the ladies. In this manner, so as to make a move against such individual, its need to make victim individuals aware of the law and its method so they can take steps and represent their right.

This article has been written by Tanu Kapoor student at Rajiv Gandhi National University of Law.

Also Read – How Can You Know that FIR is Lodged Against You?

Law Corner

Leave a Comment