top of page
Search

How To Defend Against A False Fir Case?

  • Writer: leadindia400
    leadindia400
  • Mar 20
  • 4 min read

Regrettably, In India, False First Information Reports (Firs) Are Routinely Filed For Purposes Such As Harassment, Vendetta, Or Even To Gain An Upper Hand In The Court. A Fake Fir Can Be Damaging In Many Ways; For Instance, One Could Face Potential Arrest, Suffer Reputational Damage, Or Even Endure Prolonged Litigation. To Avoid Any Form Of Abuse Of The Law And To Protect One’s Rights, It Is Important To Learn How To Embark On A Counteroffensive Against A False Fir.



What Is An Fir?

  • When Law Enforcement Agencies Become Aware Of A Crime That May Warrant Prosecution, A Report That Is Referred To As A First Information Report (Fir) Will Be Prepared. It Is The Beginning Stage Of A Criminal Investigation. 

  • The Authorities Process And Investigate Formal Complaints And Act Accordingly As Prescribed By Law.


Legal Provisions For Handling A False Fir

The Bharatiya Nyaya Sanhita And The Bhartiya Nagrik Suraksha Sanhita Both Provide Several Safeguards To Protect Persons Against False Blame And To Avoid Needless Litigation:

  • Whenever The High Court Is Of The View That The Complaint Is Without Merit, Vexatious Or Filed With Ulterior Motive, Then Under Section 528 Of The Bhartiya Nagarik Suraksha Sanhita, Such A Fir Can Be Set Aside By The High Court.

  • Section 248 Of The Bharatiya Nyaya Sanhita Provides For Punishment For The Persons Who Makes False Allegations Of Commission Of Crimes To The Others.

  • Section 217 Of The Bharatiya Nyay Sanhita Deals With Cases In Which False Information Is Given To A Public Functionary Which Sets The Law In Motion.


Defending A False Fir Case

Stay Calm And Assess The Situation 

  • Try To Remain Calm When You Discover That A Certain Fir Is False. Acting In Haste Under Panic Might Lead To Further Complications. 

  • Understand The Particulars Of The Fir, For Instance, The Charges Outlined, The Police Station Of Lodging The Complaint And The Police Sections Under Which It Was Lodged.


Consult A Criminal Defense Lawyer:

The Attorney Will Peruse The Fir And Establish The Legality Of The Contents Before Advising On The Way Forward. 

  • Attending To The Arrears Of The Court To Ask For An Anticipatory Bail So That An Arrest Would Not Take Place. 

  • Moving To The Court Under Section 528 Of The Bhartiya Nagrik Suraksha Sanhita Seeking To Quash The Fir Against The Client. 

  • Contesting The Acceptability Of The Evidence Presented By The Prosecution.


File For Anticipatory Bail:

  • In The Event That A First Information Report Makes Serious Accusations, There Is A Possibility Of Apprehension. One Gets This Apprehension When One Assists The Investigation. However, This Can Be Overcome By Obtaining An Order Of Anticipatory Bail.

  • It Prevents Falling Into The Hands Of The Police Straight Away But At The Same Time Reassures The Court Of One’s Cooperation In The Investigation. Sentences May Include, But Are Not Limited To, Restrictions On A Person's Movement Like Inflicting Banishment In A Specific Area With Other Movement Restrictions, Such As Periodically Reporting To The Police, Or Other Conditions As Laid Down By The Court.


Collect Counter-Evidence:

The Next Step In The Course Of Action Will Be To Compile All The Evidence Which Tends To Disprove The Accusations Contained In The Fir, If At All. Please Collect The Following:

  • Any Written Or Electronic Communication Such As Messages, E-Mails, Letters Or Other Clear Materials Seeking To Refute The Untrue Allegations Made Against You. 

  • People Who Can Attest To The Statements Made In The Fir And Those Supporting You.

  • One Can Also Contest The Fir By Providing Evidence Of His/Her Presence At A Different Location At The Time Of The Alleged Occurrence.


Move To Quash The Fir:

In The Event That The High Court Finds That The Complaint Falls Under Either Of The Two Categories, It May Also Reverse The Fir. The Following Are The Grounds Under Which An Fir May Be Quashed: 

  • The Facts Alleged Are True But Do Not Constitute Any Offence.

  • The Allegations Are Not Substantiated By Sufficient Material Or Prima Facie Case.

  • The Fir Has Been Filed To Settle Scores Or Pursuing Ulterior Motives.

To Pursue The Quashing Of An Fir, The Attorney Has To Submit Petition Under Section 528 To Bhartiya Nagrik Suraksha Sanhita Giving Reasons For Staying The Fir.  


File A Counter-Complaint:

In Instances Where A Person Is Thought To Have Filed A Complaint For Other Reasons When The Individual Is Not At Fault But Others Are, It May Be Suitable To File A Countersuit For Defamation Or Malicious Prosecution. Certain Applicable Provisions Are The Following: 

  • Section 248 Of The Bns For The Wrongful Institution Of Criminal Proceeding Or False Charge. 

  • It Is Also Possible To Pursue Criminal Defamation Under Section 356(2) Of The Bns, Especially If There Is A Damaging False Fir Causing Reputational Harm.


Disciplinary Measures That Can Be Imposed On The Officer:

  • In The Case That The Officer Acted Improperly, For Example, By Registering The Fir In Bad Faith Or Abusing The Rule, It Is Also Possible To Place A Complaint Against The Police Officer Who Registered The Fir. 

  • Such Measures Of Discipline As Enumerated In The Police Conduct Rules Can Be Also Lodged With The National/State Human Rights Commission Or Even Higher Police Levels.


Think About Mediation Or Settlement:  

  • In Certain Situations, Issues Can Be Amicably Settled Through Mediation. If The Complainant Agrees To Pull Back The Fir, The Chances Are That The Court Will Be More Lenient And Sanction A Settlement.

  • More Often Than Not, However, This Is Only Suitable In Minor Conflicts Or When Conflicts Stem From Misunderstanding Rather Than Ill Intent.


One Can Talk To A Lawyer From Lead India For Any Kind Of Legal Support. In India, Free Legal Advice Online Can Be Obtained At Lead India. Along With Receiving Free Legal Advice Online, One Can Also Ask Questions To The Experts Online Free Through Lead India.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

Email: – care@leadindia.law

 
 
 

Comments

bottom of page