If you are facing a malicious or baseless complaint, here is a step-by-step guide on how to protect your rights.
If you fear an imminent arrest, your first priority should be securing Anticipatory Bail. This allows you to remain free while the investigation is ongoing, preventing the trauma of police custody.
B. Quashing the FIR (Section 528 BNSS 2023)
If the FIR is clearly groundless, you can approach the High Court to have it “quashed” (cancelled). The court may do this if:
- The allegations, even if taken at face value, do not constitute an offense.
- The FIR is filed with a clear intent to harass or seek revenge.
- There is no evidence to support the claims.
C. Write Petition (Article 226)
In some cases, you can file a Writ Petition in the High Court, asking for a “Writ of Mandamus” against the police if they are acting with “mala fide” (bad faith) intentions or failing to follow proper procedure.
You Can Take Action Against the Person Who Lied?
- Section 217 & 284 of the BNS: You can request the court to prosecute the complainant for providing false information to a public servant.
- Defamation Suit: You can file a civil or criminal defamation case if the false FIR has damaged your reputation.
- Malicious Prosecution: You can sue for damages to recover the costs of your legal fees and the mental agony caused.