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How to get relief in a false SC/ST atrocity case?
24-Feb-2023 (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?
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.
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.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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How do you save yourself from a fake SC-ST case?
You can also get an attorney from Lead India to file at the police station a counter complaint regarding the fake case filed against the individual, along with a case of defamation based on section 500 of Indian Penal Code.
Can fir under SC-ST Act be quashed?
This section gives the High Court the power to make any order to ensure justice. The section also allows the High Court to annul lower court proceedings or FIRs.
What is the Supreme Court Judgement on misuse of SC-ST Act?
NEW DELHI: According to the Supreme Court, a Scheduled Caste member cannot use the SC and ST Act (Prevention of Atrocities) Act in order to bring a civil dispute with a member of an upper caste under its purview. 09-Jan-2023
Who can investigate a case under SC-ST Act?
Investigation of Cases
A police officer with the rank of deputy superintendent of police or higher must investigate a reported crime committed under this special law against a scheduled caste member or scheduled tribe group.
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.
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.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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To counter a false SC/ST Atrocity case and seek relief, you need to follow legal procedures and gather evidence. Here's a step-by-step guide:
- Consult with a Lawyer: Seek legal counsel from an experienced lawyer who specializes in cases related to the SC/ST Atrocities Act. They can provide you with valuable guidance.
- Gather Evidence: Collect evidence that disproves the allegations made against you. This may include documents, witness statements, CCTV footage, or any other proof that supports your innocence.
- File a Counter Complaint: If you believe that the case against you is false and malicious, you can file a counter-complaint against the person who filed the false case. Ensure that your complaint is well-documented and supported by evidence.
- Attend Court Hearings: Cooperate with the legal proceedings and attend all court hearings. Present your evidence and arguments before the court to establish your innocence.
- Cross-Examination: During the trial, your lawyer may cross-examine witnesses presented by the prosecution to highlight inconsistencies or contradictions in their statements.
- Legal Defenses: Your lawyer can employ legal defenses relevant to your case, such as alibi, mistaken identity, or lack of evidence to prove the alleged offense.
- Seek Anticipatory Bail: If you haven't already been arrested, consider seeking anticipatory bail to prevent arrest during the trial.
- Explore Mediation: In some cases, mediation or negotiation may be an option to resolve the dispute amicably. Your lawyer can advise you on this.
- Appeal if Necessary: If convicted unfairly, you have the right to appeal the verdict to a higher court.
- Know the Atrocity Act: Familiarize yourself with the SC/ST Atrocities Act to understand your rights and the legal provisions involved in your case.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
The Indian Penal Code provides for defamation. A person falsely accused of an offence under the SC ST Act can take refuge under this provision by claiming that the person falsely accusing him is defaming him.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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