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Criminal case under trial court at prosecution evidence stage
18-Feb-2025 (In Criminal Law)
I am complainant n witness of a crime, I report to police abt incident n MLC done for victim but no FIR done by police, moved to court 156/3 n after 2 years CJM court found cognizable offence n ordered police to lodge FIR u/s 323, 325, 326,452, 504,506 ( 326 & 452 removed by police in chargesheet, also one acussed name out of 03 ) , case is under trial, If the acussed acquitted by trial court due to lack of evidence , does acussed can file any case against complainant or victim in future ?
If the accused is acquitted due to lack of evidence, they may take legal action against the complainant only if they can prove that the case was filed with malicious intent or false allegations. However, an acquittal alone does not automatically make the complainant liable. Any claim against the complainant would require strong evidence that the complaint was knowingly false or intended to harass the accused.
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Adv. Vinayak Bhatia
Adv. Vinayak Bhatia
Delhi | 25+ Answers
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If the accused in the case is acquitted due to lack of evidence as mentioned by you there is no possibility of him filing a counter case for malicious prosecution etc. The scenario in your case is similar to most of the case u/s 156(3). Until and unless it is proved that either the complainant/victim lied or committed perjury by making false submissions in the court, there is almost no chance of a successful counter-case.
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Adv. Vikas Sharma
Adv. Vikas Sharma
Delhi | 200+ Answers
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Yes, accused may file for malicious prosecution. Accuse may file for defamation but depends on several detail facts and as court has taken cognisance on reasonable apprehension the defamation suit will be probably futile. Again, depends on specific facts.
Thank you
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Adv. Avish Sharma
Adv. Avish Sharma
Delhi | 25+ Answers
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A case for malicious prosecution may be initiated by an individual who has been acquitted of all charges. To establish a successful claim, the individual must demonstrate that the initial complaint was motivated by spite, ill will, or a malicious intent. If it can be shown that there was a reasonable or probable cause for initiating the criminal proceedings, then a claim of malicious prosecution will not be valid.
It is worth noting that such cases are relatively uncommon due to the lengthy nature of criminal proceedings and the additional financial burden they impose. Therefore, it is advisable to consult with a lawyer who can evaluate all relevant facts and documentation to facilitate an accurate assessment of the situation.
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f the accused is acquitted due to a lack of evidence, they may file cases against the complainant or victim, but only if they prove the complaint was false and made with bad intentions.
Possible actions include:
Malicious Prosecution – A civil case for damages, but they must prove the case was filed to harass them.
Defamation – If their reputation was harmed, they can file a defamation case, but only if the complaint was knowingly false.
False Complaint (Section 182 or 211 IPC) – A case for misleading the police or filing false charges, but this is difficult to prove.
An acquittal does not automatically mean the case was false. If the complaint was made in good faith, there is no legal risk for the complainant or victim.
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Adv. Nikhil Nagpal
Adv. Nikhil Nagpal
Delhi | 25+ Answers
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