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  • leadindia836
    • Mar 27, 2023
    • 3 min read

What Case Can Be Filed Against A False Allegation?

A claim or allegation of misconduct that is inaccurate or otherwise unsupported by facts is referred to as a false accusation. False accusations are often referred to as unsubstantiated, baseless, false, or false allegations or claims.


In most situations, the bogus cases are implicated to satisfy the personal grudges or political rivalry of a person. We can define a false allegation as one that is made knowingly while there are grounds to suspect or knowledge that the person or people being accused have not they are accused of having perpetrated the crime.


Such actions are merely carried out to satisfy selfish goals and do not advance the interests of justice. Such claims not only unfairly harass a "innocent accused," but also place an unnecessary strain on the judiciary, which lowers the standard and effectiveness of the system.

ABOUT LAW RELATING TO FALSE ALLEGATIONS:

The Indian legal system offers a wide range of legislative rules and judicial decisions that offer remedies for a person who has been falsely accused. Among them are:

  • The person against whom false allegations are made may file a Writ Petition before the High Court in accordance with Article 226 of the Constitution of India if the Subordinate Court passes any decree against the innocent accused while ignoring the fact that the FIR was false and that the police officer or other public servant had knowingly registered it. If the High Court finds the petition to be convincing, it may issue a Writ of Prohibition ordering the Subordinate Court to halt any vexatious criminal trials. Alternatively, the High Court may issue a writ of mandamus ordering the Police officer who intentionally filed the false report to carry out his obligations in a lawful manner.

  • The Indian Criminal Code, 1860, Section 211: It provides for punishment when a person brings a false allegation or procedure, knowing that there is no just or legal justification for the same, aiming to harm another person. According to this clause, the penalty is either two years in prison, a fine, or both. Furthermore, it stipulates that if such a false accusation or procedure is brought against a crime that carries a sentence of death, life in prison, or a term of imprisonment of seven years or longer, the offender shall be punished with up to seven years in jail and a fine.

  • According to Section 250 of Code of Criminal Procedure, 1973, a magistrate may order the person who made false accusations to pay compensation to the "innocent accused" if the magistrate finds that there was no reasonable basis for the accusations after the trial and dismisses the accused. Additionally, it states that if the individual fails to pay the restitution, he may be sentenced to a term of jail that lasts longer than 30 days. The compensation cannot, however, be greater than the maximum sum that a magistrate may impose.

  • Charges of Defamation: Under Sections 499 and 500 of the IPC, if any false accusations are made against a person and that person is found not guilty of the charges, the person who made the false accusations may be charged with Defamation on the grounds that the person's reputation has been damaged as a result of the false accusations. Under Section 19 of the Civil Process Act, 1908, a civil lawsuit may also be brought to recover damages for defamation brought on by false charges from the person who made them.

  • The High Courts have the inherent authority to issue any order required to uphold the interests of justice or otherwise prevent abuse of any court's procedure under Section 482 of the CrPC.

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redress) Act of 2013 states in Section 14: (Seen afterwards as the POSH Act) Women who falsely accuse men in violation of the POSH Act will be punished, according to Section 14 of the Act. Only instances of workplace sexual harassment of women are covered under the law. As a result, this remedy is only effective if a false complaint of workplace sexual harassment of women is made.

high court lawyers in hyderabad can be appointed if the cause of action has occurred in Hyderabad. Moreover, if the cause of action has occurred in Lucknow then high court lawyers in lucknow can be appointed. high court lawyers in Bangalore can be appointed if the cause of action has occurred in Bangalore.


At Lead India, we offer a range of legal and professional services. This is the place to ask a legal question. Talk to a lawyer and get the best advice possible in this scenario. Our legal staff will assist you in making wise judgments. We also provide free legal advice online.


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