Clarification on provisions to file case against false atrocity case

sir, Which are the provisions of law to be file a criminal and civil cases against person who filed a false atrocity case (SC ST) and acquitted and under which provisions of law a court fee has to be paid and if u have any format for the same

Answers (3)

219 votes

You can file a case for malicious prosecution under the criminal law and a suit for defamation and damages under the civil law for the said false atrocity case.

There is no court fee for filing a case under the criminal law and the court fee for civil case will be as per the Court fees and suit valuations act of the state you are filing the civil case at.

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156 votes

You have not mentioned, where you are from and where you want to file civil case. If in Karnataka it is calculated as per Karnataka court fee & suit valuation act. And for criminal case under section 200 of criminal procedure code.

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Chapter X and XI of the Indian Penal Code deals with the offenses regarding giving false information and evidence to misuse the lawful authority so as to cause injury to a person. You can file a criminal complaint before the jurisdictional magistrate under section 200 of the Cr.P.C. In so far as the civil law is concerned, you can definitely file a suit for damages. But your acquittal has to be an honourable acquittal. If you have been acquitted on the benefit of doubt, then you would have a tough time succeeding in the suits and complaints which you may file.

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