False Complaints / False Claims in the Court of Law !!

What are provisions of law which deals with False Complaints: It is a Criminal offence under sections 182 and 211 of Indian Penal Code (IPC), 1860 to knowingly make / record a false complaint / accusation against any person before any Public authority / Police.

Section 182 of IPC states that a person commits an offence when he records a complaint before any public servant, being aware of that the complaint which he is making is false; and that by making such false complaint, the said Public Servant would exercise his powers to the injury or annoyance of the said person. In law, the injury implies any harm, illegally caused to any person, in body, mind, reputation or property.

Section 211 of IPC states that a person commits an offence when he, with the intention to cause injury to a person, knowingly, and without any just or lawful grounds, initiate any criminal proceeding, or makes a false accusation of offence against him, whether before Police or before any Court of law.

What Remedy for False Complaints: In such cases of false complaints, the victim of false complaint cannot register F.I.R. or make private complaint to Magistrates court under these above sections, against those persons who have allegedly made false Complaint.

In such cases of false complaints, a complaint can only be made to the Public / Police Officer to whom false complaint has been made, or complaint may be made to an Authority higher in Rank to the said Public officer, and the said Public officer or the higher authority, is empowered to file the case in the Magistrates Court against the person who has made false complaint.

In cases of false accusation of offence before Police, if the matter did not reached the Court of law for trial and proceedings / investigation terminated, then, a direct Complaint u/s 200 or Application u/s 156(3) of CrPC, 1973, can be made before the Magistrates court concerned against those persons who have made false charge of offence.

In cases where, in pursuance to said false accusation of offence, criminal proceedings before the Magistrates Court / Sessions Court have been initiated, then, an Application u/s 340 read with section 195 of CrPC 1973, may be preferred before the said Magistrate / Sessions court, against those persons, praying therein before Magistrates / Sessions court to refer the said offence of false accusation to the appropriate / competent Magistrate Court of jurisdiction.

When these Complaints can be made: However, it is important to note that remedy provided for victims of false complaints under these two sections 182 and 211, can only be availed after (a) where the Complaint made before Public Servant / Public Authority is formally closed, with the observations / findings that the Complaint so made was frivolous / baseless / false / wanting in evidence; or where the Police before / after registering FIR, has terminated the investigation on the ground of falsity of complaint, or (b) where FIR is quashed by the concerned High Court, or (c) where if the trial Court has discharged the Accused or has acquitted the Accused with the observations / findings that the Complaint so made was frivolous / baseless / false / wanting in evidence, and no Appeal is preferred against the acquittal. However, at the same time, it must also be kept in mind that remedy provided under these two sections are availed keeping in mind the limitation period provided u/ss 467 to 473 of CrPC, 1973.

What are False Claims: False claim means seeking reliefs which the one is not entitled to seek. It is a criminal offence to knowingly make a false claim in the Court of law and is punishable u/s 209 of IPC, 1860. Section 209 states that a person commits an offence when he, with intent to injure or annoy a person, knowingly makes a false claim before the Court of law.

What Remedy for False Claims: In cases of allegedly false Claims, the victim cannot register F.I.R. or make private complaint to Magistrates court for false claims. In such cases, criminal proceedings may be initiated against those person by making an Application u/s 340 read with section 195 of CrPC 1973, before the concerned trial Court / Tribunal, praying therein to refer the said offence of “false claim”, to the competent Magistrate Court of jurisdiction. Such Application may also be made before concerned High Court under Article 227 of the Constitution of India read with section 195(4) of CrPC, 1973.

If a Civil Suit making false claim is filed or if frivolous defense / claim is made in the written statement, then, depending upon the facts of the case, following provisions of CPC, 1908 may be invoked for expeditious disposal of the Suit.

a)      Order VII Rule 11(a) – The Plaint fails to disclose cause of action;

b)     Order XII Rule 6: Judgment on Admission

c)      Order VI Rule 16 r/w definition of “Facts in Issue” contained in section 3 of Evidence Act, 1872, r/w section 101 of Evidence Act r/w mandate of “cause of action”: To strike out / delete any factual proposition of fact in the Plaint / Written Statement which is unnecessary, scandalous, frivolous or vexatious, followed by Application under Order XII Rule 6, stated hereinbefore.

d)     Order IX Rule 6 or Order VIII Rule 10: For Ex-parte decree or for failure to file Written Statement

e)      Order XIV Rule 1,2, 6 – determination of Suit on issue of law or on issue agreed upon;

f)       Order 19 R.3 – Verification Clause

What Remedies if False F.I.R. is registered, or False FIR is anticipated to have been registered, and arrest is anticipated:

(i) A brief letter may be recorded to the concerned Police station, with a copy to Superintendent of Police or Commissioner of Police, stating therein that a false complaint is filed against “me” and I am willing to fully cooperate in the Investigation; and advising the Police authority that in case the Police intends to arrest the Person named in the allegedly false FIR, then they should scrupulously / strictly follow the due process of law as contained u/ss 157(1), 41(1)(b)(i)(ii), 41(2), 41A r/w section 60-A of CrPC, 1973; and also strictly adhere to the guidelines framed by SC in the Arnesh Kumar case 2014 and in the Joginder Kumar case 1994. The said letter may also be submitted to Police station if arrest is made, stating that arrest is grossly unlawful.

(ii) Obtain Anticipatory Bail from Sessions court or High Court u/s 438 of CrPC, 1973; with an alternative prayer / Relief that in case the Hon’ble Court is not inclined to grant Anticipatory Bail, then, if the Police intends to arrest the person/s named in the FIR, the Police shall scrupulously / strictly follow the due process of law as contained u/ss 157(1), 41(1)(b)(i)(ii), 41(2), 41A r/w section 60-A of CrPC, 1973; and also strictly adhere to the guidelines framed by SC in the Joginder Kumar case and Arnesh Kumar case.                                              

(iii) In lieu of Application for Anticipatory Bail or where Anticipatory Bail is refused, a Writ Petition in the respective High Court under Article 226 of Constitution of India may be filed, seeking a Writ of Mandamus, that, in the light of Article 21 of the Constitution of India, which guarantees that No person shall be deprived of his life and “personal liberty”, except according to the procedure established by law, and thereby praying before the HC to direct the Police authorities, not to mechanically arrest on mere filing of FIR and Police to scrupulously follow the due process of law as contained in sections 157(1), 41(1)(b)(i)(ii), 41(2), 41A r/w section 60-A of CrPC, 1973 and strictly adhere to the guidelines framed by SC in the Joginder Kumar case and Arnesh Kumar case, in case the Police intends to arrest the Petitioner (the person named in the FIR).                                 

(iv) An application u/s 156(3) or complaint u/s 200, to Judicial Magistrate / Metropolitan Magistrate, against those Police officers if they have “knowingly” registered false FIR / or have falsely arrested / or if are falsely prosecuting the case, alleging therein your complaint that said Police officer have committed the offence defined u/ss 218 and 220 or 342 of IPC, 1860, as the case may be. Nevertheless, a regular FIR can also be lodged against the said Police officers u/s 154. 

(v) An Application u/s 482 of CrPC, 1973 may be preferred, before respective High Court, to quash the said false FIR on the grounds that (a) “acts” and “omission” attributed towards the accused person in the FIR does not constitute the offence alleged; or (b) no such alleged incident occurred; or (c) FIR contains bare allegations without connecting the accused towards the alleged crime; or (d) there are unimpeachable evidence to show that the offence could not have been committed by the accused, and the accused would be needlessly harassed of the inevitable agony of criminal proceedings.

Sandeep Jalan

Advocate

Legal issues !!

If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.

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