What to do against the false allegation

by | Jul 10, 2019


Question asked on: 10/07/2019

What should I do if someone is imposing the wrong section of IPC 506 charges against me who has not been done by me.

Advised by: Mr. Shivendra Pratap Singh, Advocate

Criminal intimidation is an offence under section 506 of the Indian Penal Code (IPC). This non-cognisable and bailable offence. When criminal proceeding has initiated against you for criminal intimidation on the false ground, you have the right to challenge the legality of proceeding before the High Court.

The High Court has inherent power under section 482 of the Code of Criminal Procedure (CrPC) to quash the false criminal proceeding. In  State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 the Supreme Court held that the court should exercise its inherent power either to prevent abuse of the process of any court or otherwise to secure the ends of justice.

File false FIR or Complaint is indeed an example of abuse of the process of the court. Filing a false complaint is an offence under section 196 of the IPC. At this stage, you have to approach the High Court for protection against abuse of process. When a person files a false complaint, he abuses the process of the court [Amanullah v. State of Bihar, (2016) 6 SCC 699].

In the Bhajan Lal case, the Supreme Court held that when allegation made in FIR or complaint is so absurd, and no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused, then the court shall quash that proceeding.

You should file a petition before the High Court under section 482 of the Code of Criminal Procedure. If you have any documentary evidence to prove that the complaint is false and frivolous then it’ll be easy for the court to quash the proceeding. However, the court has the power to quash the proceeding sans any evidence. The court examines the complaint that prima facie any offence is made out of it. If the court finds that no crime is made out or the complaint is false, or allegation made with the ulterior motive to harass the petitioner, then the court shall quash the complaint.

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Shivendra Pratap Singh

Advocate, Lucknow

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