Understanding FIR

Understanding FIR

This article will give you a basic understanding of the First Information Report, FIR. The constant expansion and development of civilization necessitate the adoption of rigorous regulations. Laws are enacted to ensure the security and safety of the state, its citizens, and its property.

However, some persons degrade the judiciary’s dignity and squander the time of the courts by filing false claims and misusing the law by pestering innocent people through fake lawsuits. It has evolved into a powerful tool for attacks on mental health, reputation, and the installation of terror.

What is the difference between a Bogus FIR and a Complaint?

The following is the procedure for registering criminal cases in courts:

Filing of a First Information Report with the police under section 154 of the Criminal Procedure Code.

A complaint was filed with the superintendent of police under section 154(3) of the Criminal Procedure Code.

Magistrate’s directions for FIR u/s 156(3)CrPC

Recognizance of the offense by a magistrate under section 190 of the Criminal Procedure Code.

A private complaint was filed with the Magistrate under section 200 of the Criminal Procedure Code.

Making false claims and filing fake FIRs or complaints on the basis of conspired created facts and circumstances in order to harass the other person via the misuse of law and judicial procedures is referred to as false FIRs and complaints.

For all cognizable offences, the police must file a formal complaint and conduct an investigation in accordance with the law. Innocent persons who are falsely accused in a malicious FIR suffer a slew of issues as a result of these judicial proceedings.

 The following are examples of Falsified Complaints and FIRs:

  1. As it was established in the cases of Sheo Nath Singh v. Sujata and Harish Chandrel Drall v. Suresg Wati, Matrimonial conflicts u/s 498A in which women make false allegations of cruelty by husbands or relatives of husbands.
  2. False complaints were filed under the SC/ST Act by members of Schedule Caste and Scheduled Tribe to harass persons of other castes and tribes, as was established in Gorigeh Pentaiah vs State of Andhra Pradesh.
  3. In the case of Fazle Gaffar Khan v. State of West Bengal, where a girl’s family files a complaint against a partner for abduction and various other offenses under Chapter 16 of the Indian Penal Code, the family of the girl files a complaint against the partner for abduction and various other offenses under Chapter 16 of the Indian Penal Code.
  4. Violations of various sections of sexual harassment by women in order to acquire unfair advantage.

How to Handle a False Fir?

The Legal Process Must be Followed.

If the accused believes the FIR is frivolous or malicious, he or she may proceed in the following manner as soon as the FIR is filed and the accused learns of it:

  1. Requesting a copy of the FIR under Section 157 of the Criminal Procedure Code for preliminary investigation.
  2. Filing an application for anticipatory bail u/s 438 Cr.P.C. before a session judge or the high court to prevent arrest.
  3. Filing a writ petition before the Hon’ble High Court under Article 226 of the Constitution to quash the FIR, since the high court has inherent competence under section 482 CrPC.
  4. A writ can be issued for any reason that is adequate to establish the accused’s innocence. The High Court can then continue with the quashing of the FIR if the accused has produced all of the relevant proof. The High Court has the authority to order subordinate authorities to stop all legal actions against the accused.
  5. But if the trial starts in the court, the accused can submit an application for discharge to the court where the matter is under hearing under 227 CrPC.

Grounds for Quashing a FIR under section 482 of the Criminal Procedure Code

The reasons for discharge are as follows, according to the instructions set by the Supreme Court in the case of Sundar Babu & Ors vs. State of Tamil Nadu:

Where the charges in the FIR or complaint are so ludicrous and fundamentally unlikely that no reasonable person could ever come to a just judgment that there is an adequate foundation to prosecute the accused.

Where the claims in the FIR do not constitute a cognizable offense but simply a non-cognizable offense, no investigation by a police officer is authorized without a Magistrate’s order as anticipated by Section 155 (2) of the code.

Acquitted Person’s Rights

Following the quashing of the F.I.R. and release from court, the acquitted individual has certain rights under which he or she may petition the court for criminal actions against the complainant.

The following are the legal remedies available to the complainant:

Filling a complaint under section 182 IPC against a person who has submitted false information with the aim or knowledge that it is false, or knowing that he or she would do harm to a public servant—

(a) to do or omit anything that such public servant would not do or omit if he knew the real state of facts about which such information is given, or (b) to do or omit anything that such public servant would not do or omit if he knew the genuine state of facts about which such information is given.

(b) to use such public servant’s authorised power to injure or annoy any person, will be penalised with-

Imprisonment of any kind for a period of up to six months, or a fine of up to one thousand rupees, or both.

Filing an application with the court under section 156(3) CrPC or making a private complaint under section 200 CrPC for false charges of offence with intent to injure him, or institution of any criminal proceeding against him, or falsely charges him with an offence, knowing that there is no just or lawful ground for such proceeding or charge against him under section 211 IPC. The complainant who has made false claims and filed a fake FIR will be penalized as follows:

If such a criminal process is brought on the basis of a false charge of an offence punishable by death, life imprisonment, or imprisonment for seven years or more, he will be sentenced to either type of imprisonment for a period up to seven years, as well as a fine.

Against Government Employees

We frequently hear that police officers abuse their powers to falsely accuse innocent people and harass them under the pretense of judicial processes. If a public worker abuses his authorities to harass someone or obtain an unfair advantage, the acquitted person has the following rights against that public official:

IPC Section 167

Any public servant charged with the preparation or translation of any document or electronic record who frames, prepares, or translates that document or electronic record in a manner that he knows or believes to be incorrect, intending or knowing it to be likely that he will cause injury to any person, shall be punished with imprisonment of either description for a term that may extend to three years, or with a fine, or both.

IPC Section 219

Any public official who corruptly or intentionally writes or pronounces any report, order, verdict, or decision in any stage of a judicial procedure, or which he knows to be against the law, will be punished with imprisonment of any sort for a time up to seven years, or with a fine, or both.

IPC Section 220

Whoever, while in any office that gives him legal authority to commit persons for trial or confinement, or to keep persons in confinement, corruptly or maliciously commits or keeps any person in confinement in the exercise of his authority, knowing that he is breaking the law, shall be punished with imprisonment of any description for a term that may extend to seven years, or with a fine, or with both.

Restrictions

The individual is required to attend court hearings and is not free to leave the country without the court’s permission, and occasionally, as a result of the delay in authorization and procedures, the person suffers commercial and financial damages without making any mistakes.

Conclusion

Every individual has certain constitutional, basic, and legal rights to survive and flourish in society, which have been granted by the state. However, some people abuse these regulations as a means of harassing others and gaining an unfair advantage.

People forget that the law and legal procedures are in place to protect us and to protect us from harm, not to harass an innocent person for personal reasons. In our society, filing criminal charges against somebody is seen as a curse, resulting in a lifetime of damage to his character and dignity. Even after his acquittal, society regards him as a tainted individual.

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