Challenging Unlawful Detention- A Comprehensive Guide To Pursuing Justice For Wrongful Arrests

Not Every Person Is Aware Of His Rights When It Comes To Being Charged With False Accusations. In These Situations, It Is Advised To Seek The Professional Advice Of An Experienced Criminal Lawyer, So You Can Have A Better Understanding Of The Legal Provisions Involved In Your Case. 

Challenging Unlawful Detention- A Comprehensive Guide To Pursuing Justice For Wrongful Arrests

Legal Remedies Available To Deal With False Fir-

Legal Proceedings In India Are Time-Consuming And Exhausting, People Sometimes Use Various Legal Tactics To Settle Scores With People. This May Be Immoral And In Various Cases Illegal, However, It Is Happening. Various Remedies Are Available Against False Criminal Complaints Filed Which You Could Consider In These Situations-

1.  Remedy Before Arrest: Anticipatory Bail

As Soon As An Fir Has Been Filed, You Can File For Anticipatory Bail Before An Arrest Has Been Made, In Either The Sessions Court Or The High Court As Provided Under Section 482 Of Bhartiyanagrik Suraksha Sanhita, 2023.

2.  Application For Quashing The False Fir

An Application Can Be Filed Before The High Court Under Section 528 Of The Bnss, So As To Seek Directions To Quash A False Fir Against The Accused.

Grounds Under Which An Fir Can Be Quashed Under Section 528 Of The Bnss-

A Falsely Implicated Person Can Approach High Court So As To Quash The False Fir Filed Against Him, On The Grounds-

  • The Acts Or Omissions Based On Which The Said Fir Has Been Filed Do Not Constitute An Offense

  • The Offense Against Which The Said Fir Has Been Filed, Never Took Place.

  • Baseless Allegations Have Been Made In The Fir Without Any Reasonable Ground Which Could Prove The Offense Of The Accused.

When Can An Application Be Filed Under Section 528 Of The Bnss For Quashing The False Fir?

There Are Various Situations, Where You Can Apply To Section 528 Of The Bnss

  • Before A Chargesheet Is Filed-  An Application Filed Under  Section 528 Of The Bnss To Quash The False Fir Registered Against You Before The Chargesheet Has Been Filed. An Fir Could Be Quashed By The High Court When The Complaint Is Against The Principle Of Natural Justice, Hence Causing a  Grave Miscarriage Of Justice To The Victim. The High Court Can Also Issue Certain Directions Or Reprimand The Officer In Charge.

  • After The Chargesheet Has Been Filed- If A Chargesheet Has Been Filed Based On A False Report And The Case Is Being Held In The Sessions Court, A Discharge Application Can Be Filed By The Accused Under Section 250 Of The Bnss. The Application Can Be Filed To Get Discharged Of The Offenses Charged Based On The False Fir. The Grounds For Such An Application Are-

  1. The Charge Sheet Contains No Prima Facie Evidence Against The Accused With Respect To The Offense With Which He Has Been Charged.

  2. The Trial Could Not Be Commenced Because Of The Insufficiency Of The Evidence Against The Accused.

  3. The Evidence Is Inadmissible As Provided Under The Indian Evidence Act.

After The Commencement Of The Trial-

  • If An Application Under The Section 250 Of Bnss Has Been Rejected By The Sessions Court, And The Trial Has Commenced After Framing The Charges. Then, An Application Under Section 255 Of The Bns Can Be Filed For The Acquittal.

3.  Writ Petition Provided Under The Article 226 Of The Constitution Of India-

The Victim, As Provided Under Article 226 Of The Constitution Of India, Can Approach The High Court To Quash The False Fir Filed Against Him. Two Kinds Of Writs Are Allowed In Case A False Fir Has Been Filed Against The Accused.

  • Writ Of Mandamus- Can Be Issued Against The Police Officer Or The Department Of The Police, Who Filed Such False Fir And The Court May Direct Them To Perform Their Duty Lawfully.

  • Writ Of Prohibition- Is Issued To A Subordinate Court By The High Court Where The Trial Of The Accused Is Underway, So As To Stop All The Criminal Proceedings Against The Victim.

Conclusion-

As Could Be Inferred From The Above Article, Various Remedies Have Been Provided By The Legal System So As To Ensure That A Person Can Seek The Protection Of The Law In Case He Has Been Wrongfully Charged. Lead India Offers You A Wide Pool Of Experienced Advocates Who Have Been Successfully Handling Cases Related To The Filing Of False Criminal Charges.

Lead India Offers You A Team Of Experienced Advocates Who Have Been Successfully Handling Cases In The Supreme Court And The High Courts. Thus, If You Wish To Talk To A Lawyer Regarding Write Or Seek Free Legal Advice Online, You May Contact Us.

Source:- 

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