Saroj Devi 28 August 2020

WRAP UP CASE

Is there any provision that can help to tell legally other party that we have sufficient prrofs against your false FIR of 354,384

Reply Follow

1 Replies

Subhasri Chatterjee 23 October 2020

Hey,

As a precautionary measure, the person against whom false and frivolous FIR is lodged in India can apply to the court for anticipatory bail under Section 438 of the Code of Criminal Procedure Code (CrPC), 1973.

The person aggrieved can also file a defamation suit under Section 500, Indian Penal Code (IPC), 1860. Section 500, IPC lays down the punishment for defamation which states that whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

He has also the right to file a petition under Section 482 of CrPC, 1973 praying to quash the FIR on the basis of the FIR being a false allegation and he is not guilty.

Hope this answer helps you.

Best regards,

Subhasri Chatterjee