C.A.POLIS PATIL (Proprietor) 10 June 2016

False complaint under sc st prevention of atrocities act 198

The provisions of SC ST Prevention of Atrocities Act,1989 are being misused sporadically by SC/ST persons to settle scores with Non SC/ST people. False Complaints are lodged with police to threaten & harass Non SC/ST people, particularly where financial or property interests are involved. Therefore my questions are:-

1) In such cases what are the remedies available to the so called accused ?

2) In many such false complaints, the complaint is lodged after a week of alleged date of incident.Is there any time limit to file complaints with the police?

3) When false complaints are filed with malicious intentions, whether police is required to make preliminary enquiry to make out a prima facie case or blindly register the case without veryfying the truth?

4) Is it not horryfyng voilation of Human Rights if so called accused in false complaints is arrested by police without verifying the truth? What are the safeguards to prevent such misuses in the Acts / Rules to prtect innocent people from such false complaints?

5) Can the so called accused claim damages from the complainant for filng a false complaint under prevention of Atrocities Act & harming his reputation in the society? If so, how much ? Is there any monetary limit?

Pl clarify preferably by quoting Sections / Rules.

Since this is a serious matter having explosive ramifications on the Unity & Integrity of the Country and also on Judiciary , I feel MEDIA should takeup National Debate immediately.

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2 Replies

Mukesh sharma (job ) 11 June 2016

HI sir in this case as you post tell you little about on it

( 1) you ask their any remidies than plz clear you if case false than you file for anticipatory bail

( 2) you say their any time limit for file FIR in police than plz their no time you its depend you but as law FIR you must need to lodge as soon as possible but if their some delay than they show some reason so its not matter

( 3) as register fir police must invistagte case and if they think accused person my harm to any than they arrest other in case they call to register for statement and again they arrest person

( 4) in last if case false than court may free you with respect and after you may file case in sec 499 for defamtion

thanks

Siddharth Dev (Advocate) 14 June 2016

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine;

and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either descripttion for a term which may extend to three years, and shall also be liable to fine.

Explanation 1-A trial before a Court-martial; 1[* * *] is a judicial proceeding.

Explanation 2-An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

Illustration

A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. A this enquiry is a stage of a judicial proceeding, A has given false evidence.

Explanation 3-An investigation directed by a Court of Justice, according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

Illustration

A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence.