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Remedies under new criminal laws (BNSS and BNS) if someone files a false FIR against you

Updated: Jun 2

If someone files a false FIR against you, you should know your legal rights and options. A First Information Report (FIR) is filed under Section 173 of Bharatiya Nagarik Suraksha Sanhita (BNSS). A false FIR is a report that accuses you of a crime based on lies or false evidence. 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 FIR. Some of them are:

- Getting anticipatory bail under Section 482 of the BNSS before you are arrested. This section empowers the Sessions Court or the High Court grant you bail if you think you may be arrested for a non-bailable offence. The court may ask you to follow some conditions, like reporting to the police, co-operating with the investigation, or not leaving the country without permission.

- Approaching the High Court to quash the false FIR under Section 528 of the BNSS is also a potential remedy. This section gives the High Court the power to quash any FIR, investigation, or proceeding that is unfair or wrong to the person accused. The High Court may quash the FIR if it finds that the charges are false, baseless, or malicious, or that there is no evidence against the person accused.

- 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. You can file a writ petition to seek the protection of your right to life, liberty, and fair trial, or to challenge the legality or validity of the FIR, investigation, or arrest.

Watch JudiX’s 1 minute video lecture on False FIR and presumption of genuineness of FIR under BNSS

You can also get the person filing false FIR punished under Section 217 of the Bharatiya Nyaya Sanhita (BNS) which says that if someone makes a false claim to the police to get another person in trouble, they can go to jail for up to 1 year or pay a fine or both.

These are some of the legal steps in brief which you can take if a false FIR is filed against you.

Remedies under new criminal laws (BNSS and BNS) if someone files a false FIR against you

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