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upsc race   24 April 2020

False complaint

Can fake complainant be sued on the ground of reporting falsely to police officer although no f. I. r. is loged and complaint is settled.


 6 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     24 April 2020

Since no cogniozance has been taken by the police on the fake complaint. Hence, there is no cause arise to take any legal action action the org. complainant for filing fake complaint.



Adv. Rohit Dalmia


Archit Uniyal   24 April 2020


A false complaint is when a person deliberately lodges false complaint against someone in order to falsely implicate him in a false case, generally to because of enmity. False information is information that has been given deliberately with an intention to deceive.

As per Section 182 of Indian Penal Code 1860, whoever gives to any public servant any information which he knows or believes to be false, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

If the complaint has caused you pain and agony (physical or mental) you can still take the help of Indian Laws. There are no sections in Indian law that talk about mental agony but there are provisions and cases which may help.

Even though Section 498A talks about matrimonial disputes, it acts as a shield when it comes to mental cruelty.

Filing a false complaint against husband and his family members u/s.498A will amount to matrimonial cruelty defined u/s.13(1) (ia) of Hindu Marriage Act. (Thursday vs By Advs.Sri.K.Gopalakrishna)

In the case, Ghaziabad Development Authority vs. Balbir Singh (2004) the Supreme Court called upon the Consumer Forum and Commissions established under the Consumer Protection Act, 1986 to not only compensate the consumer as to the actual loss suffered by him but also to compensate him as to the mental agony, harassment, emotional suffering, physical discomfort, loss of business, loss of time by taking vehicle time and again to the workshop.  


Hope this helps you.



upsc race   24 April 2020

police has kept the accused in its custody for 10 hrs and had beaten with belts .

Hemant Agarwal ( Mumbai : 9820174108)     24 April 2020

1. Are you implying that "Tanay Kumar Sarkar"  and  "upsc race", are one and the same person with multiple fake ID's.  


2. It is not surprising that there are few others who use multiple fake ID's, to ridicule /insult /demoralise other's on this forum.

upsc race   24 April 2020

No Hemant sir I m Not Tanay kumar I m Vishwajeet @ Upsc race since I read ur comment I asked one question.

upsc race   24 April 2020

I m neither lawyer nor Advocate nor preparing for any law entrance. My ambition is to become IPS . I bump into this forum when I downloaded this app for learning various sections of ipc related to landmark judgements and I really find this app very helpful .

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