false case of section 110 filled by police , what to do

828 votes

Under Section 110 of the Code of Criminal Procedure, 1973, if the police have reason to believe that a person is a habitual offender and is likely to commit a breach of peace or disturb public tranquility, they can submit a written complaint to a Magistrate. The Magistrate will then issue a notice to the person named in the complaint to show cause why he should not be ordered to execute a bond for keeping the peace or for good behavior. The person may be required to furnish sureties for the same.
If the person fails to comply with the Magistrate's order, he may be arrested and detained in custody until he complies with the order, or until the Magistrate is satisfied that the person will not commit any breach of peace or disturb public tranquility.

It is important to note that a complaint under Section 110 of the CrPC does not amount to a criminal case. It is more of a preventive measure to ensure public peace and order.

You can get a false 110 case filed against you by the police, quashed by the High Court and for doing so, you can file a petition under Section 482 of the Code of Criminal Procedure, 1973, which empowers the High Court to quash criminal proceedings against an accused.

Additionally, you can institute prosecution against the Police under any or all of the following provisions under the Indian Penal Code, 1860 -

1. Section 166 - Public servant disobeying the law with intent to cause injury to any person: This section deals with cases where a public servant disobeys the law with the intention of causing harm to another person. The punishment for this offence can be imprisonment for up to one year, or a fine, or both.

2. Section 167 - Public servant framing an incorrect document with intent to cause injury: This section deals with cases where a public servant intentionally prepares or signs a false document with the intent to cause harm to another person. The punishment for this offence can be imprisonment for up to three years, or a fine, or both.

Alternatively, you can file a complaint, with the appropriate authorities of your respective State Human Rights Commission if you believe there has been misconduct or abuse of power by the police.

You can write in your detailed query and book a consultation with a criminal lawyer of your choice so as to be guided better in your next step.

Advocate Sudershani Ray LawRato

570 votes

Dear Client,

Case is always filed one sided. The aggravated person goes to police with grievances - further to which either FIR or NC is registered.

Depending upon the nature of allegations, you can represent your side before police and make your submission and if you think its FIR then go for anticipatory bail.

As question was not specific and complete, proper answer cant be given.

Expert Jurist LLP

Advocate JV Bhosale LawRato

650 votes

Make an application to Quash FIR before the Magistrate or record your statement and defend yourself in trial if Chargesheet is filed against you. Please brief me with details of Police Station address.

Advocate Adhitya Hegde LawRato

501 votes

Hello, such types of orders are normally baised and one sided so also these orders are appealable. So you may challenge the said order before sessions & district court of your jurisdiction. Hope that you will get reliefs you are in need of.

Advocate Sagar Kothari LawRato