How to get relief in a false SC/ST atrocity act case?

Question

How to get relief in a false SC/ST atrocity act case?

04-Oct-2024 (In Criminal Law)

My maid servant, who belongs to the SC or ST category, is threatening me of filing a false SC/ST atrocity case against me because I removed her from her job. I did so as she was taking too many leaves. What can I do to save myself from such false allegations? how to counter false sc/st act ?

Answers (2)

Preserve all proof (termination letter, salary receipts, CCTV, call/SMS/WhatsApp messages of threats), send a lawyer's legal notice, and immediately register a police complaint (GD/FIR) alleging criminal intimidation/blackmail and seek investigation with your evidence; the new substantive law criminalises threats and false charges (see BNS ss.351, 248). [https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf]. If you fear arrest, apply for anticipatory bail under BNSS (procedural relief) and, if a malicious FIR is lodged, move the High Court to quash proceedings under BNSS (quashing powers). [https://www.mha.gov.in/sites/default/files/250884_2_english_01042024.pdf]. Preserve and provide all documentary/electronic evidence per the Bharatiya Sakshya Adhiniyam when asking police/court to test the complainant's veracity. [https://www.mha.gov.in/sites/default/files/250882_english_01042024_0.pdf]. Relevant authorities: High Courts may quash mala fide or non-cognizable complaints (State of Haryana v. Bhajan Lal, 1992). [https://indiankanoon.org/doc/1558396/]. Courts have also intervened where SC/ST Act proceedings appeared malicious (Ravinder Singh v. Sukhbir Singh, Supreme Court, 2013). [https://indiankanoon.org/doc/41748785/]. Take these steps promptly and consult a criminal lawyer to file the FIR, anticipatory-bail petition, quash petition and a civil claim for malicious prosecution/defamation as warranted.

Answer #1

Adv. Siddhant Sharma

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LawRato LawRato · Accepted Answer · 2024-10-04T17:58:05+05:30

If you fear that your maid servant shall file an FIR against you, you should immediately apply for an anticipatory bail in the district court or the high court.

It is important for you to know that an anticipatory bail will not be granted until it is proved that no case has been made out against you and the allegations are false. For this, it is advisable to contact a qualified lawyer, who has enough experience to deal with such sensitive issues.

If complaint is filed by SC/ST, the assistant commissioner of police is suppose to carry out investigations, consider all evidence on record and submit report within period of 30 days.The onus to prove guilt is on the person who makes the accusation. Hence, if the allegations made by your maid servant are fake, there are high chances she will not be able to give any evidence in court. Therefore, if the matter is tackled properly by an experienced legal expert you will be free from all charges soon.

You can file a criminal complaint for defamation apart from a suit to claim damages on account of the false accusations.

Advocate Sudershani Ray LawRato · Accepted Answer · 2024-10-04T17:58:05+05:30

Anticipatory bail is a legal provision under the Criminal Procedure Code (CrPC), which allows a person to seek bail in anticipation of arrest. In case you believe that your servant will most definitely file an FIR against you, it will be in your best interest to have in place an anticipatory bail order. You can apply for the same under Section 438A CrPC before the Court of Session having jurisdiction over the area where you reside. If in the future, a false atrocity complaint is indeed lodged against you, you can get it 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 a counter-prosecution against the servant under the following provisions of the Indian Penal Code, 1860 - Section 506 - Criminal Intimidation: In the context of threatening to file a false case, it can amount to criminal intimidation if it is done with the intention of causing alarm or inducing the other person to act in a certain way. In your case, if the servant threatens you with prosecution if you do not reinstate her on the job, then it will amount to an offence under this Section. The act of threatening to file a fake case is itself not illegal, but if it is done with the intention of causing harm or inducing the other person to act in a particular way, then it can attract criminal liability. The punishment for this offence can be imprisonment for a term which may extend to two years, or with fine, or with both. Section 499 - Defamation: This section deals with cases where a person makes a false and defamatory statement about another person with the intent to harm their reputation. The punishment for this offence can be imprisonment for up to two years, or a fine, or both. Remember, being falsely accused in an SC/ST atrocity case is a serious matter, and it is important to take appropriate legal action to defend yourself.

How to get relief in a false SC/ST atrocity act case?

Adv. Siddhant Sharma

Adv. Sudershani Ray