Legal Rights for False and Forged First Information Report (FIR) and Complaints
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Legal Rights for False and Forged First Information Report (FIR) and Complaints

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In today's society, where laws are meant to ensure the security and safety of the state, people, and property, there is an unfortunate trend of individuals misusing the legal system by filing false and forged First Information Reports (FIRs) and complaints. These malicious acts not only insult the dignity of the judiciary but also waste valuable court time and resources. False FIRs and fabricated complaints have become a mechanism for attacking the mental health and reputation of innocent individuals, creating a culture of fear. In this article, we will explore the concept of false FIRs and complaints, the legal procedures that should be followed, the rights of those who have been acquitted, the impact of false complaints, and the restrictions faced by the accused.

What are False FIR and Complaints?

False FIRs and complaints refer to the act of making baseless allegations and lodging FIRs or complaints based on fabricated facts and circumstances. These actions are intended to harass individuals and misuse the law and judicial proceedings. The police are legally obligated to register FIRs for all cognizable offenses and carry out investigations according to due process. However, innocent people who are implicated in false cases through malicious FIRs face numerous challenges due to these legal procedures. Some common examples of forged complaints include matrimonial disputes, forged complaints by people of Scheduled Castes and Scheduled Tribes, love affairs and relationships, and cases of sexual harassment. These examples highlight the various ways in which false complaints are used to harass and seek wrongful gains.

Legal Procedure to be Followed

If an individual discovers that an FIR has been filed against them and they believe it to be frivolous or malicious, they can take certain legal steps to protect their rights. These steps include:

  1. Filing for a copy of the FIR under Section 157 of the Code of Criminal Procedure (CrPC) to conduct a preliminary inquiry.
  2. Applying for anticipatory bail under Section 438 of the CrPC before a session judge or high court to avoid arrest.
  3. Filing a writ petition under Article 226 of the Constitution before the High Court to quash the FIR, as the high court possesses inherent power under Section 482 of the CrPC to do so.

Additionally, if the trial proceeds in court, the accused can submit an application for discharge under Section 227 of the CrPC. If the judge determines that there are insufficient grounds for proceeding against the accused, they will be discharged, and the reasons for discharge will be recorded.

Grounds for Quashing FIR under Section 482 CrPC

The Supreme Court has issued guidelines for quashing FIRs under Section 482 of the CrPC. These grounds include:

  1. Absurd and inherently improbable allegations: If the allegations made in the FIR are so absurd and inherently improbable that no prudent person could reach a just conclusion that there is sufficient ground for proceeding against the accused.
  2. Legal bar or specific provision: If there is an express legal bar or a specific provision in the Code or the concerned Act that prohibits the institution and continuation of the proceedings, or if there is another provision providing redress for the aggrieved party.
  3. Malicious intent: If the criminal proceeding is manifestly attended with mala fide or maliciously instituted with an ulterior motive to wreak vengeance on the accused or to spite them due to a private grudge.
  4. Non-cognizable offense: If the allegations in the FIR or complaint constitute only a non-cognizable offense, and an investigation by the police without an order of a Magistrate is not permitted.
  5. No prima facie offense: If the allegations in the FIR, even if accepted in their entirety, do not prima facie constitute any offense or make out a case against the accused.
  6. Lack of cognizable offense: If the allegations in the FIR and other accompanying materials do not disclose a cognizable offense that justifies an investigation by police officers without an order of a Magistrate.

These grounds provide the accused with options to challenge the validity of the FIR and seek its quashing.

Rights of a Person Acquitted

After the quashing of an FIR and the discharge from court, an acquitted person has certain rights. They can request the court to initiate criminal proceedings against the complainant. The legal remedies against the complainant include:

  1. Filing a complaint under Section 182 of the Indian Penal Code (IPC) against the person who provided false information, intending to cause harm or annoyance to a public servant. The punishment for such an offense can include imprisonment and/or a fine.
  2. Filing an application before the court under Section 156(3) of the CrPC or making a private complaint under Section 200 of the CrPC for false charges of an offense with the intent to cause injury or institute a false criminal proceeding. The punishment for such an offense can include imprisonment and/or a fine.
  3. Seeking compensation under Section 250 of the CrPC. If the Magistrate is satisfied that there was no reasonable ground for making the accusation, they may order the complainant or informant to pay compensation to the accused.

These legal remedies provide a means for the acquitted person to seek justice against those who falsely accused them.

Impact Analysis of False Complaints

False complaints have severe consequences for the accused. They face various challenges, including:

Mental Torture and Illnesses

Being implicated in false cases and undergoing legal proceedings can lead to severe mental health issues. The constant fear of punishment and the impact on one's job, service, or business can cause significant mental distress. This can even result in serious mental illnesses such as bipolar disorder and depression, and in extreme cases, it can lead to suicides.

Wastage of Time and Money

An innocent person who is falsely accused and implicated in legal proceedings must dedicate their time to attending court hearings and dealing with the associated bureaucracy. This diversion of time and energy can have a detrimental effect on their work, business, and personal life. Additionally, the financial burden of legal fees and other related expenses can cause significant financial strain.


Accused individuals are often required to appear in court for hearings and are restricted from leaving the country without the court's permission. These restrictions can lead to commercial and financial losses, as well as limitations on personal freedom and mobility.


The state has granted constitutional and legal rights to every individual to live and grow in society. However, some people misuse these rights to harass others and seek undue gains. False FIRs and forged complaints have a long-lasting impact on the reputation and honor of those falsely accused. Even after acquittal, the stigma and damage to one's reputation can persist. It is essential for the legal system to ensure that these false complaints are identified and addressed promptly. By protecting the rights of the accused and holding those who file false complaints accountable, we can uphold the principles of justice and fairness.

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