Author Profile

Legal India News Admin

Posted On by &filed under .


Yes. Under section 182 IPC or under section 211 IPC it is punishable offence. Lodging of a false FIR/complaint is punishable under IPC. Such an informant / complainant can be proceeded against under section 182 IPC or under section 211 IPC by the police. Private person against whom false FIR/complaint has been lodged can also file complaint in the court for the offence of defamation.

If a false FIR is registered against you under a cognizable offence then following ponits can help you – 

Is it an offence to register/lodge false FIR ?

Is it an offence to register/lodge false FIR ?

First find out whether or not the sections mentioned in the FIR are bailable or non-bailable. If they are non-bailable, you are in trouble. You must hire a good lawyer immediately.

There is a huge gap between what the law mandates and what really happens after this. I will share the reality and not just the theoretical possibilities.

Although I do not endorse this is any way, still to share practical experience: Almost always, the moment an FIR is filed, a counter FIR against the complainant is filed immediately with false allegations. If you also file a police complaint, expect that the other party will file a complaint against you too, no matter how frivolous and false. Later, this is used as a chip to bargain against you.

After this, you will have many influential local people who would try to mediate and convince both parties to withdraw the complaints. If you are accused, and have filed a serious FIR yourself, you will almost definitely be approached by the other party’s messengers to negotiate.

Your focus will probably on avoiding arrest, hence going to police station etc. is not a good idea. Most people abscond. Police is often not serious about arresting, especially if charges are such the maximum punishment  is less than 7 years imprisonment.

Police is supposed to investigate at this stage. At this time, usually the investigating officer is bribed by both parties. This is also often crucial in terms of whether an arrest will take place or not. Police have the power to submit a final report or a reduced chargesheet. This is why bribe is paid. This can take upto 2-3 months in most cases. You will obtain a certified copy of the chargesheet after this, following which the trial will begin at some point.

 


Leave a Reply

Be the First to Comment!

Notify of
avatar
wpDiscuz