Vishwajeet Yadav 16 August 2020

Can police take suo motto on false complaint?

Can police himself take suo motto on false complaint or the aggrieved person has to approach him?

Quick Summary

Generally, police cannot take suo motu action on a complaint they deem false without lodging an FIR and conducting an investigation. While they must investigate cognizable offences once reported, they cannot pre-emptively declare a complaint false. The aggrieved party typically needs to approach the court if a complaint is later found to be false and they have been wrongly accused.

4 Replies

K Rajasekharan (Advocate) 16 August 2020

Police cannot take action of false complaint.

The aggrieved person should approach the court after the complaint has been declared false and the person so charged is acquitted.

Sunil Kumar 16 August 2020

usually police can take step by suo moto

N.K.Assumi (Advocate) 17 August 2020

Police are only mortal and Prophesy is not the function of the Police or the Court for that matters. Once a complaint of reasonable cognizable offence is filed, police must investigate the case, and it is not the police duty to say that the offence alleged is false. The offence may be false but the police has to filed the report to the court..