In India, if a person has been falsely implicated in an FIR (First Information Report), they have legal rights to seek redressal.
Firstly, the person can approach the High Court or the Supreme Court for quashing of the FIR. This means that the court can declare the FIR as invalid or illegal and the case against the person will not proceed any further.
Secondly, the person can file a complaint with the National Human Rights Commission (NHRC) or the State Human Rights Commission (SHRC) stating the violation of their fundamental rights due to the false FIR. The NHRC or SHRC can take cognizance of the matter and order an investigation into the same.
Thirdly, if a person has been falsely implicated in an FIR, they can approach the court for redressal. The police will investigate the complaint, and if the police investigation finds that the charges in the FIR are false, the police will close the case. the person who filed the false FIR can be prosecuted for giving false information to a public servant under Section 182 of the Indian Penal Code (IPC). The person falsely implicated can then file a case for defamation or perjury against the person who filed the false FIR under Section 182 of the Indian Penal Code (IPC).
Lastly, the person who has been falsely implicated in an FIR can also file a civil suit for damages against the person who filed the false FIR. The suit can be filed for compensation for mental agony, loss of reputation, and any other damages suffered due to the false FIR. The damages claimed should be directly attributable to the false FIR and must be supported by evidence. The person who filed the false FIR can be held liable in a civil suit for damages, and the court can award compensation to the victim if it finds the allegations in the FIR to be false and malicious. The compensation awarded can cover both pecuniary and non-pecuniary losses, including but not limited to loss of earnings, loss of reputation, mental agony, and other related expenses.
It’s important to note that the burden of proof lies on the person who has filed the civil suit, and they must prove that the false FIR caused them harm and that the harm can be quantified in terms of damages.
Writ petition under Article 226
The victim against whom a false FIR has been lodged can file a writ petition under Article 226 of the Constitution of India and can approach the High Court for redressal. The writ petition can seek a quashing of the false FIR, especially if it has been filed with mala fide intentions or with an intention to cause harm to the victim.
If the High Court finds that a grave injustice has been caused to the victim due to the false FIR, then it can quash the same. However, the court would consider various factors such as the nature of the offense alleged in the FIR, the evidence available on record, the malafide intention behind filing the FIR, and the effect of the false FIR on the victim’s reputation and livelihood, before arriving at a decision.
The High Court has the power to quash the false FIR to prevent the abuse of the legal process and to protect the fundamental rights of the victim. However, it’s important to note that the High Court’s decision to quash the FIR would not affect the right of the police to investigate the case if they have sufficient evidence to do so. The quashing of the FIR would only mean that the victim is no longer under investigation for the alleged offense mentioned in the false FIR.
It is important to note that the burden of proof lies with the person who filed the false FIR, and the person falsely implicated only needs to prove that the FIR was false and malicious. Therefore, it is crucial to gather evidence and seek legal advice before taking any action.
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