WHAT DO IF THE FIR IS FALSE

If a First Information Report (FIR) is false, you can take the following legal steps:

1. Collect Evidence

Gather all possible evidence (documents, witness statements, CCTV footage, etc.) to prove that the FIR is false or baseless.

2. File a Complaint with the Police

Approach the police station where the FIR was filed and submit a written complaint stating that the allegations are false. Provide supporting evidence.

3. Apply for Quashing of FIR (Section 482 CrPC)

You can file a petition in the High Court under Section 482 of the Code of Criminal Procedure (CrPC) to quash the false FIR.

4. File a Counter FIR

If you have been falsely accused with malicious intent, you can file a counter FIR against the complainant for offenses such as:

• Section 182 IPC – Giving false information to a public servant
• Section 211 IPC – False charge of an offense
• Section 500 IPC – Defamation (if applicable)

5. Seek Anticipatory Bail (if needed)

If the FIR is serious and you fear arrest, apply for anticipatory bail under Section 438 CrPC in the Sessions Court or High Court.

6. File a Defamation or Malicious Prosecution Case

If the false FIR has damaged your reputation, you can file a defamation case (Section 499 IPC) or claim compensation for malicious prosecution.

7. Approach the Human Rights Commission (if applicable)

If the false FIR involves police harassment or misuse of power, you can file a complaint with the State or National Human Rights Commission (NHRC).

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