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Legal Remedies If you are charged with False allegations

Punish Police for false charges: SC ;

Other than Above judgment, there are many ways to counter False Allegations.

Here are the remedies available to the aggrieved person.

1) An application u/s 156(3) or complaint u/s 200, to Judicial Magistrate / Metropolitan Magistrate, against those Police officers who have “knowingly” registered false FIR / or have falsely arrested / or if are falsely prosecuting the case, alleging therein your complaint that said Police officer have committed the offence defined under section 218 and 220 of IPC, 1860. in addition to this you can use s.499/500 of ipc also. The opinion on filing the complaint under 182 has to be formed on the basis of the allegations made in the FIR and the documents relied on by the parties in support and against thereof. People find 182/211 very attractive but the truth is that the ingredients of this offence are actually made out of.

2) It is a criminal offence under section 182 and 211 of IPC, 1860 to knowingly register a false complaint against any person. In such cases the innocent person cannot register FIR or make complaint to Magistrates court against those persons who have filed false complaint. In such cases, as far as offence under Section 182 is concerned, a complaint can be made to the Police officer to whom false complaint has been made, or complaint can be made to a higher authority about the filing of said false complaint, and the concerned Police officer or the higher authority is empowered to file the case against the person in the Magistrates Court who has made false complaint to the Police. As far as offence under Section 211 is concerned, a Complaint u/s 200 or Application u/s 156(3) can be made before the Magistrates court. However, aforesaid two section 182 and 211 should be invoked only after where the FIR is quashed by the HC, or if the Court has discharged the Accused or has acquitted the Accused. Where, in pursuance to said false complaint, criminal proceedings before the court have been initiated, then, an Application under section 340 read with section 195 of CrPC 1973, may be preferred before the said Magistrate / Sessions court, against those persons, praying therein for Magistrates court to refer the said offence of false accusation to the appropriate / competent Magistrate Court of jurisdiction. (IPC Section 182: False information, with intent to cause public servant to use his lawful power to the injury of another person. IPC Section 211: False charge of offence made with intent to injure.)

3) Where the Magistrates Court acquits the person against whom false FIR / Complaint is made, Compensation may be sought under section 250 of CrPC, 1973, from that Magistrates court, against the persons who have knowingly filed false FIR / complaint.

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4) Section 182 and 211 of the IPC should be invoked preferably if you have been acquitted by the trial court and no appeal has been filed against order of acquittal

5) Writ of Mandamus may be preferred before respective High court seeking exemplary Damages / Compensation from respective State Government for “malicious prosecution” by the Police. e) A Suit for exemplary Damages for Defamation or Suit for compensation for malicious prosecution can be filed against the person who has filed the false complaint, including against the Police.

Section 182. False information, with intent to cause public servant to use his lawful power to the injury of another person.
182. False information, with intent to cause public servant to use his lawful power to the injury of another person.— Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant.
Punishment — Imprisonment for 6 months or fine of 1,000 rupees, or both Non-cognizable — Bailable — Trialable by any Magistrate—Non-com­poundable.

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