Fir

Querist : Anonymous (Querist) 10 September 2020 This query is : Resolved
respected experts,
a person has false registered an FIR against me for defamation and can I register an FIR for the false FIR against me.
The person who registered FIR against me with false information given to him by a third person.

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This discussion addresses whether an FIR can be registered for a false FIR, particularly in cases of defamation. Experts clarify that defamation is typically a private complaint to a magistrate, not a matter for an FIR. While a false FIR might be challenged in the High Court via a quashing petition (Section 482 Cr.P.C.) if there's strong evidence, registering a new FIR for a defamation complaint is generally not permissible under Indian law. The conversation highlights the importance of presenting genuine facts for legal advice.

Advocate Bhartesh goyal (Expert) 10 September 2020
You may file quash petition u/s 482 of Cr.P.C before High Court, if you believe and have cogent documentary evidence tat FIR has been lodged on false averments else face the legal proceedings.

Rajendra K Goyal (Expert) 10 September 2020
You can file case if the court decides that the FIR was false.

If you have proofs, may proceed High Court to quash the FIR.

If you have separate cause of action you may proceed.

Dr J C Vashista (Expert) 11 September 2020
Mr./ Ms Anonymous,
No FIR can be accepted / registered for a defamation complaint under section 499 of Indian Penal Code, 1860.
If so, give details

K Rajasekharan (Expert) 11 September 2020
The criminal law in India does not allow any person to file an FIR on defamation against any other person. This is because such a case can be instituted by a complaint of an aggrieved person to the magistrate.

If the police have registered an FIR on defamation that case will not survive in law because the Magistrate is not authorised to take cognizance on defamation based on an FIR lodged by the police.

A defamation case can be instituted by a person who has been subjected to such an offence by someone else.

A write up on defamation law is there at https://www.lawwatch.in/2020/08/01/Defamation/

Message likes : 1 times

P. Venu (Expert) 12 September 2020
How do you know of the filing of FIR - false or otherwise?

A. A. JOSE (Expert) 12 September 2020
You seems to be raising an academic question in the name of Anonymous. If you have genuine problem, please come up with real facts.

Dr J C Vashista (Expert) 14 September 2020
It's a hypothetical moot court topic for time pass.

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