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Ayushi Chaubey
How to contest a false FIR against you?
How To?

How to contest a false FIR against you?

First Information Report (FIR) is a written document prepared by the police under Section 154(1) of the Code of Criminal Procedure, 1974, on receiving information regarding the commission of a cognizable offence. Only after the FIR is registered, the police starts investigation of the case and the procedure sets in motion. 

In the past few years, there has been a significant rise in the number of false FIRs being registered. Law protects such victims and provides them with several remedies. In order to safeguard oneself from a false complaint, the accused can approach the High Court by filing an application under Section 482 of the Code of Criminal Procedure and get the frivolous FIR quashed. Along with the application, one needs to produce a copy of the FIR and necessary evidence to prove their innocence.

Section 482, CrPC states:

“ Saving of inherent powers of High Court Nothing in this code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

Section 482 in The Code Of Criminal Procedure, 1973

Grounds on which an FIR can be quashed by the High Court 

  1. To secure the ends of justice.
  2. To prevent abuse of the process of any court.
  3. Where the parties have settled the disputes through compromise.
  4. Where there is no prima facie to constitute the offence so registered.
  5. Where the offence so registered is non-cognizable.
  6. Where the evidence so collected during the investigation does not disclose any kind of offence.
  7. Where it is proved that the FIR was registered with any malafide intention.

Various Stages at which a FIR can be quashed under Section 482

  1. After the registration of an FIR or before filing the charge sheet. 
  2. After filing the charge sheet and before the commencement of the trial.
  3. After the commencement of the trial.

Punishment for a person who lodges a false FIR

Once the false FIR is quashed by the High Court, the person who had lodged a false complaint can be prosecuted in the following ways:

  1. The public servant can initiate proceedings against the complainant of the false complaint under Section 182 of the Indian Penal Code, 1860. This section states that if a person knowingly gives false information to any public servant, with the intention of causing injury or annoyance to any person, he shall be punished with imprisonment up to six months, or fine upto one thousand rupees or both.
  2. The accused can file an application under Section 211 of the IPC against the complainant for knowingly registering the false complaint and intending to cause injury. Section 211 says that if a person falsely institutes criminal proceedings or falsely charges any person, knowing that there is no sufficient ground, such person shall be punished with imprisonment upto two years, or with fine, or both. It also states that if the false charge is of an offence which is punishable with death, imprisonment for life or for seven years or more, then the person making such charges shall be punished with imprisonment upto seven years and shall also liable to fine. 
  3. The accused can also file a case of defamation under Section 499 read with Section 500 of the IPC. The person who was falsely charged, after getting the false FIR quashed, can file a case for criminal defamation against the person who initiated the false charges and such person shall be held liable for imprisonment upto two years, or with fine, or both.
  4. The accused can also file a civil suit against the complainant for seeking damages and compensation. 

Online Courses
Professional Guidance

Best Online Courses for Law Students and Lawyers

The legal world constantly prompts one to enhance their knowledge. A law student or even a lawyer is modelled to consistently look for ways to add onto their knowledge as well as their resume. With the outside world being inaccessible and people being restricted to online mediums for such additions to their resumes, the CuriousForLaw Team decided to put together a list of the best online courses that Law Students, as well as Lawyers, can opt for during the time of a Lockdown. Online Courses with certification from authoritative sites can expose you to learnings from some of the best universities around the world and also look good on your resume. 

A. edX– edX is a learning platform founded by MIT and Harvard. The platform provides a range of courses from universities like Harvard, MIT, University of California, University of Texas, Boston University and many more. A number of courses like International law, human rights, property rights, criminal law, contract law etc can be opted for law students as well as lawyers. 

Popular Courses: Contract law, International Investment law, The Psychology of Criminal Justice 

Cost: The courses are provided free of cost however they may charge for the certificate. You can enroll in the courses anytime and can access it anytime from anywhere. 

Link- https://www.edx.org/course

B. Coursera- This is another learning platform for students that provides around 3800 online courses from the top universities of the world. The platform is especially convenient to use because of the pre-recorded lectures which can be accessed anytime. Assignments, quizzes and exams are also conducted for better learning and one has to take the exam in order to be eligible for the certificate. 

Popular Courses: Introduction to Key Constitutional Concepts and Supreme Court Cases, Financial Markets, Environmental Law and Policy, International Tax Law etc. 

Cost: They charge for the certificate. However, if one cannot afford them, they also provide for financial aid or scholarship.

Link- https://www.coursera.org/

C. Udemy- the platform ensures learning from the top instructors of the field. An attractive aspect of the site is that it does not restrict one to a specific time frame by proving lifelong access to courses.

Popular Courses: The law of Tots Made Simple, Constitutional law, the legal Implications of Social Media in the Workplace, Corporate and Business laws etc.

Cost: Courses are not for free however the prices are very reasonable starting at simply Rs. 420. 

Link- https://www.udemy.com/topic/law/

D. Indian Academy of law and Management– the website offers a range of online skill development law courses. This site can help one enhance their legal skills. It is not simply informative but also some courses are quite practical for law students.

Popular Courses: Drafting Legal Pleadings for Indian Courts, Master Certification on Corporate Contracts, Master Certification in filling and obtaining Trademarks etc.

Cost: The cost of the certificate courses for freshers may be a bit expensive. 

Link- https://www.ialm.academy/

E. Enhelion– the platform aims at providing practical legal knowledge in India. The journey of this organization started with only 2 online diploma courses and 4 certificate courses on Intellectual property but now has more than 200 online certificate courses and has collaborated with 40 law firms. The courses have user friendly interface. Along with the module students also receive books. The assessment is done on the basis of the online assignments and the eligible students get certificate.

Popular Courses: International Trade Law, Contract Law, Corporate Law, Civil and Criminal Law in India etc.

Cost: The diploma and certificate courses are affordable. 

Link- https://www.enhelion.com/

F. Lawskills- A popular amongst students, this is an initiative by Manupatra, one of the largest legal databases of India. It is a self- paced e-learning platform. It provides for 150+ Short term and certificate courses.  Along with English and Hindi the courses are also available in the regional languages such as Kannada, Marathi, Tamil, and Bengali which makes this different from other e-learning platforms. 

Popular Courses: Negotiation Skills, Introduction to Legal Writing, Introduction to Economic Offences and White Collar Crimes etc. 

Cost: available at affordable prices and some free courses are also available.

Link- https://www.lawskills.in/

G. LawSikho- This platform is one of the leading legal e-learning platforms of India. They provide diploma and certificate courses. They also provide customized training programs for lawyers. Also prepare the aspirants for the judiciary and law entrance exams.  They provide diploma courses, Executive certificate courses, certificate courses, Bootcamp and Test Preparations.  

Popular Courses: Diploma in M&A, Institutional Finance and Investment Laws, Certificate Course in Arbitration: Strategy, Procedure and Drafting, Certificate Course in Companies Act etc. 

Cost: The diploma courses are expensive. 

Link- https://lawsikho.com/

H. The lawlearners – This initiative is incubated by Gujarat National Law University and funded by the Gujarat Government. 

Popular Courses: Courses cover topics like Torts law, contract law, family law, constitutional law etc.

Cost: This platform provides free certificate courses at basic level and they charge minimum amount for advance level courses. 

Link- https://www.thelawlearners.com/

I. myLaw- This platform provides certificate courses for law students as well as for law aspirants.

Popular Courses: Legal Research, Legal Writing, Introduction to Drafting, The Essentials of Procedure and Jurisdiction etc.

Cost: a few courses are for free and the rest at priced below Rs.500.

Link- https://mylaw.net/

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