False and fabricated case out of conspiracy

693 votes

If a POCSO case is falsely lodged due to prior civil dispute and motivated malice, the accused has several legal remedies. First, the accused can seek anticipatory bail or regular bail highlighting previous enmity and false implication. The accused may also file a petition under Section 482 CrPC / Section 528 BNSS before the High Court for quashing of FIR if the allegations appear inherently improbable or malicious. During trial, if the case is proved false, the court itself can initiate action under Section 211 IPC (false charge) and Section 193 IPC (false evidence) against the complainant. The accused can also independently file a criminal complaint for criminal conspiracy (Section 120B IPC), defamation (Section 499 IPC), and malicious prosecution. Further, if investigation reveals fabrication, the accused may seek action under Section 340 CrPC / 379 BNSS for prosecution of the complainant for perjury. Courts have repeatedly held that POCSO law cannot be misused to settle personal scores. However, remedies for conspiracy and malicious prosecution generally become stronger after acquittal or clear evidence of falsity emerges during investigation.

Advocate Pallavi Saha LawRato

763 votes

A false POCSO case is a very serious matter, but the law also provides safeguards for an innocent accused. First and foremost, the accused should fully cooperate with the investigation and place all materials on record to show false implication, such as existence of prior civil dispute, motive, contradictions in statements, CCTV footage, call records, or independent witnesses. Bail can be sought at the earliest stage on the ground of false implication and mala fide intention. If during investigation or trial it is established that the complaint was false, malicious and filed with an ulterior motive, the accused has remedies in law. After acquittal or discharge, the accused can initiate appropriate criminal proceedings against the complainant for giving false information and false evidence, including offences under IPC such as sections 182, 193, 211 and criminal conspiracy, subject to legal requirements. However, such proceedings are generally initiated after the conclusion of the POCSO case, and not during its pendency, unless there are exceptional circumstances. Each case depends on its facts, and courts are cautious in POCSO matters, but false cases are not immune from legal consequences once proved.

Advocate Atanu Patra LawRato

622 votes

In case of a false and malicious POCSO complaint, the accused has several legal remedies. He may seek anticipatory or regular bail and also approach the High Court for quashing of FIR if mala fide intent is evident. After acquittal or if the case is found false, action can be initiated under Section 211 IPC for false charge and Section 182 IPC for false information. A separate complaint for criminal conspiracy may also be filed, subject to proof. Each remedy depends on facts and evidence.

Advocate Sudhankar Ghosh LawRato

592 votes

Hlw, I am Advocate Hritam Banerjee, I saw your question. First of all if the accused knows that a case is going to be filed against him, then the foremost priority is to take anticipatory bail. Secondly talk to your advocate so that he can guide you properly.

Advocate Hritam Banerjee LawRato