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Punishment for giving false complaints

(Querist) 01 February 2010 This query is : Resolved 
What is the punishment for filing a false allegation against someone with false information, in a police station to bring about mental harrassment to the person on whom the complaint is being lodged?
If the allegation that the complainant has filed is proven to be false by the concerned victim, what action can be sought by the victim against the complainant?
Devajyoti Barman (Expert) 01 February 2010
During the pendency of a case if one party gives false evidence or states false statements then criminal proceeding can be initiated against him/her u/s 340 of Cr PC. That apart after conclusion of trial in favour of the accused person, the complainant can be prosecuted for malicious prosecution. Without seeing the materials though it is improper to state the applicability of the relevant proceeding in a particular case.
James Arun (Expert) 02 February 2010
Soumya,

I agree with Mr. Barman. It would be helpful if people requesting advise give more specific information. False allegation about what, in this case. You can leave confidential details like names, etc., out of the question. Pls give the facts as elaborately as possible.

James
arunkumarpj@gmail.com
Sarvesh Kumar Sharma Advocate (Expert) 02 February 2010
sowmya ji,
if false fir has been lodged then after investigation police can fraim final report and also lodged 182 ipc case against false informer.


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