Wrongful FIR

When it comes to registering an FIR at a Police Station, sometimes things can get quite tricky. If the Officer-in-Charge decides to record a complaint alleging a different offence than what was actually reported, it becomes a wrongful FIR. This wrongful entry into the FIR itself is considered an offence under Section 177 of the Indian Penal Code. We often come across FIRs where the penal sections are not introduced according to the ingredients of FIR either out of ignorance or to shield an accused or to implicate someone by turning a case from bailable to non-bailable or from non-bailable to bailable.

Further, when it comes to filing a charge sheet, the investigating agency often finds itself bound by the requirement of prior permission. However, this constraint does not apply when it comes to lodging a First Information Report (FIR). The power and authority to lodge an FIR and initiate an investigation lies with the Officer-in-Charge of a Police Station and his Senior Police Officers.

In fact, the moment they receive information regarding the commission of a cognizable offence, they are empowered to kickstart the investigation without any delay or reliance on external approvals.

False FIR

When it comes to reporting incidents, it's no secret that some individuals resort to falsification for various reasons. The motive behind lodging false FIR may be: (i) vengeance or personal grudge; (ii) making easy money by concocting tales of theft, robbery or dacoity, death or fire to illicitly claim insurance money; (iii) for grabbing other's property; and (iv) for misleading the police.

When it comes to safeguarding justice, the noble duty falls upon the sincere police officers. They must delve into such cases with unwavering determination, for the grave consequences of false information shouldn't taint the lives of the innocent. In their pursuit of truth, they embark on an arduous journey of scrutiny, meticulously examining every facet of the informant's narrative. Piece by piece, they gather the threads of evidence, weaving a tapestry that shall expose the fabrications and unravel the deceit that shrouds the alleged falsehood.

Once it is established that the case is false, a final report false as required under Section 173 (2) CrPC is to be drafted by the investigating officer and sent to the Court through the Officer-in-Charge of the Police Station emphasising the following points:

1. The brief fact given by the complainant/informant in the FIR.
2. The observation of the investigating officer who investigated the case lodged by the informant by inspection of the scene of crime or material exhibits relied by the informant.
3. Direct and indirect evidence including the statements of witnesses which expose the falsity of the FIR.
4. Scientific evidence substantiating false allegations in the FIR.
5. How the facts given by the complainant are not reconcilable.
6. How the evidence relied upon by the informant is worthy of rejection.
7. Why the informant was motivated to lodge a false FIR.
8. In the concluding paragraph, there should be a prayer that:
1. The case be closed along with submission prayer of Final Report False.
2. If any accused is arrested, they be discharged.
3. If anything has been taken into possession, how it should be disposed of.
4. That the informant should be proceeded against under Section 182/211 of IPC.

Remedies against False FIR

If you are a victim of a false First Information Report (FIR), the consequences can put you at the risk of facing legal repercussions and damaging your reputation. You may think over the following remedies to strengthen your case against lodging of False FIR:

• Collect Evidence: When challenging the veracity of the FIR, it's imperative to amass a wealth of compelling evidence. Seek out documents, witnesses' statements, CCTV footages, phone records, or any pertinent information that defies the allegations outlined in the FIR. Ensure to relay this newfound evidence to the diligent investigating officer, while never forgetting to retain a personal copy for your own records. Remember, substantiating your claim with an arsenal of contradictory proof is key to unraveling the truth.
   
• Request investigation: It is imperative that you promptly and diligently urge the authorities to conduct a meticulous and comprehensive investigation into the baseless and unfounded First Information Report (FIR). To shed light on this matter, they must diligently interrogate and scrutinize the individual responsible for initiating the FIR.
   
• File a Counter Complaint: When it comes to dealing with false FIRs, you have a powerful tool at your disposal - the counter complaint. This nifty option allows you to hit back against those who have falsely accused you. It's a strong tool that lets you expose their deceit and seek justice. So, if you've been wronged, don't fear. File that counter complaint with the police.
   
• Anticipatory Bail: When it comes to the daunting possibility of an unwarranted arrest, there exists a legal recourse that can shield you from the clutches of false FIRs: anticipatory bail, a safeguard bestowed upon individuals like yourself under the protective wings of Section 438 of the Code of Criminal Procedure, 1973. This legal provision grants you respite from the perils of incarceration. It buys you precious time, affording you the opportunity to lay bare your innocence before the watchful eyes of the courts.
   
• Quashing FIR: When faced with certain situations, there arises an intriguing possibility - the chance to approach the High Court and petition for the quashing of the FIR under Section 482 of the Code of Criminal Procedure, 1973. Engaging in this legal process involves the court meticulously scrutinizing the FIR and quashing it for being false, fabricated, and motivated.
   
• Defamation Lawsuit: If you are caught in a false FIR and your reputation is at stake, you can fight back with a defamation lawsuit under Section 499 IPC. This legal action empowers you to respond to those who have tarnished your good name with a deceitful complaint.
   
• Mediation or Settlement: When it comes to resolving disputes, parties sometimes choose an alternative route - mediation or settlement outside of the court. This approach allows them to find common ground, promote goodwill, and skip the tedious legal labyrinth.
   
• Consult with a Lawyer: The consultation with an experienced lawyer is important for getting yourself out of the web of false FIRs, as only he can skillfully navigate your case through the maze of legal intricacies by providing expert advice tailored to your specific case, as they possess an in-depth understanding of the intricate laws and complex procedure that govern the legal system.
   
• Court proceedings: Prepare yourself to deal with court proceedings. If, upon thorough investigation, the truth unveils that the FIR was false and fabricated, the court holds the power to swiftly dismiss the case. In such a scenario, the person who lodged this false FIR may face the consequences of his deceptive action.

Conclusion
Navigating the legal process can be complicated. It's like a maze and having a legal professional by your side is crucial. They understand the options available, helping you chart the right course of action. With their expertise and knowledge of the laws in your area, they become your guiding light through this maze. By taking their help, you will not only come out of the tentacles of false FIR but the person who lodged the false FIR against you would also have to face legal consequences.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565