LawRato

False court complaint case u/s BNS 318(4) and 316(2)


04-Aug-2025 (In Criminal Law)
My wife has filed a Complaint Case u/s BNS 318(4) and 316(2) and 3(5) on me and my family in the PatnA court in front of 1st class JM. The case has been recently filed and cognizance is yet to be taken. I want to know what are my legal defence measures , how do I stop the case . Can I go for Quashing of the Case Should I apply for Anticipatory Bail and when How to prevent the false case being taken cognizance , she has previously filed 498A on which I have stay order from Patna High court.
Answers (3)

Answer #1
99 votes
Section 318(4) of the Bharatiya Nyaya Sanhita (BNS) is a non-bailable and cognizable offense. It applies when cheating induces a person to deliver property, money, or valuable securities. Because it is non-bailable, bail is not an automatic right and requires a court decision.
Helpful? LawRato LawRato
Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
Chat with Advocate Chikirsha Mohanty Chat 
Answer #2
593 votes
Dear client you have to wait till the court takes the cognizance, because you cannot move to Patna High Court for quashing of the case. In such cases you can take bail through court only if court take the cognizance.
Helpful? LawRato6+ LawRato
Advocate Ankit Raj

Adv. Ankit Raj

LawRato Patna | 25+ Answers
Chat with Advocate Ankit Raj Chat 
Answer #3
998 votes
Firstly, you can move the High Court under Section 482 CrPC now 528 BNSS for quashing of the complaint before cognizance is taken, especially if the allegations are vague, improbable, or motivated by malice. Since you already have a stay order in the earlier 498A IPC case, that strengthens your argument that your wife is filing repeated false and retaliatory cases. Secondly, since these offences appear to be serious and non-bailable, it is advisable to apply for Anticipatory Bail at the earliest, even before cognizance, so that you and your family are protected from arrest. Filing anticipatory bail immediately will ensure you are not taken into custody once the Magistrate issues process. Thus, the practical course is: apply for anticipatory bail, and simultaneously move the High Court for quashing on grounds of false implication and abuse of process.
Helpful? LawRato LawRato
Advocate Hasnain Haider

Adv. Hasnain Haider

LawRatoPatna | 25+ Answers
Chat with Advocate Hasnain Haider Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Criminal lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato