If a police officer files a false chargesheet against you, you should know your legal rights and options. A chargesheet is filed by the investigating officer under Section 193 of Bharatiya Nagarik Suraksha Sanhita (BNSS). A false chargesheet is a report that accuses you of a false crime. It can harm your reputation, freedom, and dignity. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) which replaced the CRPC, 1973, gives you several ways to deal with a false chargesheet. Some of them are:
- Approaching the High Court to quash the chargesheet under Section 528 of the BNSS is a potential remedy. This section gives the High Court the power to quash any chargesheet, investigation, or proceeding that is unfair or wrong to the person accused. The High Court may quash the chargesheet if it finds that the accusations are false, baseless, or malicious, or that there is no evidence against the person accused.
- If the case is being heard by a Sessions Court or a Magistrate Court, you can file a discharge application under Section 250 or 262 of the BNSS, respectively. These sections empower the court to discharge the accused person if it does not find enough evidence to continue the case against him or her.
- Filing a writ petition under Article 226 of the Constitution of India in the High Court or under Article 32 of the Constitution of India in the Supreme Court. These articles let the High Courts and the Supreme Court issue writs to protect your fundamental rights or for any other relevant reason.
Hence, these are some of the legal steps in brief which you can take if a false chargesheet is filed against you.
Watch JudiX’s 1 minute video lecture on further investigation after filing of Chargesheet under Section 193(9) of BNSS
Remedies under BNSS and Indian Constitution if someone files a false chargesheet against you
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