a False case filed against you ? Here Are Your Remedies Under Indian Law

By: Dhanak and Associates

Being served with a legal notice or summoned to court for a case you know is completely fabricated is an overwhelming and distressing experience. At Dhanak and Associates, we frequently encounter clients who are targeted by malicious litigation—whether it is a false FIR, a fabricated civil suit, or a trumped-up matrimonial dispute.

Remedies Against False Cases

1. Quashing of FIR (Section 482 of the CrPC/Section 528 of the BNSS): If a false FIR has been registered against you, you can approach the High Court under Section 482 of the Code of Criminal Procedure

2. Anticipatory Bail (Section 438 of the CrPC/Section 482 of the BNSS): If you fear arrest due to a false criminal complaint, you can apply for anticipatory bail.

3. Defamation Suit: If the false case has tarnished your reputation, you have the right to file a civil suit for damages for defamation. You can claim compensation for the mental agony, loss of reputation.

Section 211 of the IPC (False charge of offence made with intent to injure): This is the primary section used to penalize individuals who institute criminal proceedings knowing there is no just or lawful ground. If the false charge carries a punishment of death or life imprisonment the accuser can be punished imprisonment of up to 7 years.

Section 182 of the IPC (False information

Section 191/193 of the IPC

Section 35 of the BNS