What can i do if someone makes false allegations against me ?

66 votes

What will happen if someone makes false allegations against you in India? Read on to know more. 

You can get the false complaint filed against you 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 Complainant under any or all of the following provisions under the Indian Penal Code, 1860 -

1. Section 182 - False information, with intent to cause public servant to use his lawful power to the injury of another person: This section deals with cases where a person gives false information to a public servant, with the intention of causing them to use their lawful power to harm another person. The punishment for this offence can be imprisonment for up to six months, or a fine, or both.

2. Section 193 - Punishment for false evidence: This section deals with cases where a person intentionally gives false evidence in any judicial proceeding or fabricates false evidence with the intent to mislead the court. The punishment for this offence can be imprisonment for up to seven years, or a fine, or both.

3. Section 211 - False charge of an offence made with intent to injure: This section deals with cases where a person makes a false charge of an offence with the intent to cause harm to another person. The punishment for this offence can be imprisonment for up to two years, or a fine, or both.

4. 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.

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.

Apart from the above provisions, you can also file an application under Section 250, Code of Criminal Procedure for obtaining compensation from the complainant in case you are discharged or acquitted of the charges against you by the Magistrate trying the case. 

LawRato LawRato

922 votes

Making false allegations against someone is considered a punishable offence as per the law in force in India.

The High Court has the authority to quash a false complaint filed against you, so you can file a petition under Section 482 of the Code of Criminal Procedure, 1973 to do so.

You may also file criminal charges against the complainant under various provisions of the Indian Penal Code, 1860 including false information with intent to harm (Section 182 IPC), false evidence (Section 193 IPC), false charges of an offense with intent to harm (Section 211 IPC), or defamation (Section 500 IPC).

You may also file charges against the police if they have disobeyed the law with the intent to harm you (Section 166 IPC), or if they have intentionally prepared or signed a false document to cause harm (Section 167 IPC).

Additionally, you may apply for compensation from the complainant under Section 250 of the Code of Criminal Procedure, 1973 if you are acquitted of the charges filed against you.

Advocate Sudershani Ray LawRato

872 votes

File a petition u/s 482 in the High Court for quashing the proceeding against u on the ground of being false and vague. After the High Court quash the proceeding being false and fabricated, you can file a complaint case before the magistrate or file FIR before police u/s 182 and 211 of IPC against the person who have filed false case against you and punish him as per the provision.

Advocate Rajdeep Pradhan LawRato

701 votes

File criminal miscellaneous writ petition before High court for quashing of first informant report filed against you. But you have to give evidence for your alibai.this is all I have to say about the limited facts given by you in your query

Advocate Siddhartha Mishra LawRato

904 votes

You are advice to approach honourable high court for quashing of the case pending in the file of trial court. Now what is the offence charge in the charge sheet submitted by the police. And what is the stage of the case

Advocate Durga Prasad Jena LawRato

761 votes

There are provisions to file defamation and compensation against the false complainant. At the same time if you have sufficient prove you can approach High Court to intervene. All depends upon the case.

Advocate Deepak Kumar Panda LawRato

532 votes

Send me the copy of FIR so that proper advice can be given to you. Otherwise it’s very difficult to acknowledge the entire facts which you have stated. Materials in the FIR has to be seen. Then only I can address your concern completely.

Advocate Raushan LawRato

879 votes

you need to wait till the charge sheet is filed. seek bail in the meanwhile from court and then you can use the evidence at the time of trial. do nit share the images or videos with anyone till then. whataapp chats you can handover to the police now itself so that it can be made part of the charge sheet now itself.

Advocate Sudarshan Desai LawRato

773 votes

Hi,
Definitely you can initiate appropriate legal proceedings against him as he had violated certain provisions of Indian Penal Code as well as Kerala Police Act , which he is to bound to obey. Please provide me more details so that I can provide you adequate and appropriate legal advise .

With Regards,
RAJESH NEDUMPROM, Adv

Advocate Rajesh Nedumprom LawRato

722 votes

First you file a civil case against him for encroaching your propert, After that you file a 483 petition under crpc to quash the police complaint against you

Criminal court has nonurisdiction to finalise a civil dispute

Advocate Ravi P.D. LawRato

808 votes

Dear sir,
Police filed charge sheet against you. So you faced trail.If the witnesses are denied the prosecution case and turned as hostile and the case disproved in the court of law.Then you acquittal from that charges and the case proved as no merit.after that you can file defamation case against the complainant who falsely alleged against you.

Advocate Bisweswari Mohanty LawRato

687 votes

First contact you a criminal advocate in your local area and discuss with him details of the false case ,there after file a complaint u/s 182 ipc or claim for compensation u/s250crpc against the complainant .And you can fail a complaint u/s167ipc against the police who has lodged false FIR and harass you.

Advocate Bhawani Shankar Panda LawRato

848 votes

No problem ,.
First of all you have to file anticipatory bail for all accused person alleged by information report. after that you have to quashed FIR in Patna High Court after that you will be free in this Case .

Advocate Sanjeev Kumar LawRato

853 votes

Making false allegations against someone is considered a punishable offence as per the law in force in India.

The High Court has the authority to quash a false complaint filed against you, so you can file a petition under Section 482 of the Code of Criminal Procedure, 1973 to do so.

Advocate Gurmeet Singh Jhinger LawRato

875 votes

Hello,
It's quite strange to see that they have levied so many sections against you. Of course you will get a government job and if an FIR has been lodged by the police you have to take a bail from the Court. You have to face trial also if police file a chargesheet against you.

Advocate Shayan Sachin Basu LawRato

565 votes

You must file a case of perjury against him for wrongly testifying and submitting false documents before the court.
Also on top of that, I'm presuming the decree just recently passed, file for an appeal as well.

Advocate Abhishek Soni LawRato

632 votes

The short answer is Yes you can get a Govt Job, but you need to consult an advocate to move forward so that these proceedings do not become a burden to you. If you want I can advise you regarding quashing and discharge from the matter

Advocate Beetihotra Sadhu LawRato