How to Deal with a False FIR: When a false First Information Report (FIR) is filed against a person in order to falsely implicate them in a crime, they can seek legal redress by petitioning the High Court under Section 482 of the Code of Criminal Procedure (CrPC). The High Court has inherent authority to issue any order necessary to prevent abuse of the court process or to ensure justice for the people. Here is the detailed explanation of How to Deal with a False FIR and how to Fight Back with these Legal Steps.
A person may file an application under Section 482 of the CrPC to quash a false FIR on a variety of grounds. These grounds include situations in which the acts or omissions mentioned in the FIR do not constitute an offence, the offence never occurred, or the FIR contains baseless allegations with no reasonable grounds to prove an offence.
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The court’s power to quash the FIR is used sparingly and is subject to certain conditions being met. The doctrine of inherent power serves as the foundation for exercising this power. The court has the authority to administer justice and ensure that the fundamental rule of law is not violated.
The application can be filed before the police file the charge sheet, after the police file the charge sheet, or during the trial. If the charge sheet was filed on the basis of a frivolous FIR and the case is committed to a session judge before the trial begins, the accused can file a discharge application to be discharged from the offence charged on the basis of false FIR.
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The Supreme Court has established guidelines for when a false FIR can be quashed, such as when the FIR lodged does not contain any prima facie evidence against the accused or the allegations made do not disclose any cognizable offence against the accused.
To summarise, filing a false FIR can result in serious injustice and is a criminal offence. If a person has been falsely accused of a crime, they can seek legal redress in the High Court by filing an application under Section 482 of the CrPC to quash the false FIR. The court has inherent powers to prevent abuse of the court process and to ensure people’s justice.
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