What Should You Do If a False FIR Is Filed Against You? & Across India

Just because an FIR is false, doesn’t mean you are innocent. On the other hand, even if the allegations are false, you shouldn’t ignore it either and end up facing unnecessary legal troubles.

Though an FIR merely starts a criminal case against you and is not a Court’s finding that you are guilty of the offence, it is still critical to know what you are dealing with. Once you find out that a criminal case has been initiated against you, you should know what allegations have been made against you, what offences have been cited, what stage the investigation is at, if you risk arrest and how you should respond to the situation safely. Seeking legal advice sooner can make a big difference in how you should proceed against such allegations.

Why False FIR Important Before Arrest?

If criminal accusations have been made against you, police investigation will likely ensue. This can entail sending you notices, interrogating you and your family members, recording your statements and gathering your documents at the very least. In some cases, where the accusations/facts are serious, arresting the accused also becomes a possibility.

Facing false accusations for serious non-bailable offences is even more challenging for the accused. An FIR isn’t going anywhere just because you know someone made false claims against you.

Because there are multiple police districts and courts in Delhi, Gurugram, Noida, Ghaziabad and cities around NCR. It may also help to understand where the FIR has been lodged as well as in which court you will have to defend yourself if charges are pressed.

People make this mistake all the time. Clients call us after the police have arrived at their doorstep to take them in for questioning. By then, it may be too late to take the correct legal action.

The remedy available will differ based on what has been alleged, what evidence is there, where the matter is in its process and facts of the case.

What is a False FIR?

As the name suggests, a false FIR means a First Information Report in which the complainant has made allegations against the person named in the FIR which he/she claims to be false. These allegations can also be said to be deliberately concocted, made with malafide intent, substantially exaggerated or may have no supporting facts.

“False FIR” is not a cause of action in itself. The Courts will look at what has been alleged and the legal provisions that have been invoked. Just because your mother, friend or neighbour says the FIR that has been registered against you is “false” it does not mean the Court will agree.

A business dispute may lead to someone filing a criminal complaint. Disputes related to marriage, property or even family issues can lead to multiple versions of what exactly happened. The question that needs to be determined is whether the allegations satisfy the criteria for offences mentioned and what the facts (material evidence) show.

Under which law will FIR be governed?

The Criminal Procedure Code, 1973 governs criminal procedural law in India. However, it has since been repealed by Bharatiya Nagarik Suraksha Sanhita, 20 23 (BNSS) for procedure, Bharatiya Nyaya Sanhita, 20 23 (BNS) as substantive offences and Bharatiya Sakshya Adhiniyam, 20 23 (BSA) for matters relating to evidence. Please note that BNSS will come into effect on 1 July 20 24.

The specific sections that will apply to an FIR will vary based on the offences mentioned in the FIR. There may also be special laws that deal with the investigation, arrest, bail or jurisdiction separately.

For example, Section 482 BNSS has inherent powers to direct the grant of bail to any person who apprehends their arrest under the appropriate cases. This is popularly known as anticipatory bail.

Similarly, the High Court also has inherent powers to entertain a petition in appropriate cases where the accused wants to challenge the criminal proceedings. The correct route and grounds would be decided based on the facts and the type of challenge.

For this reason, it is best to hire a lawyer who will read the actual FIR rather than advise you on what to do based on a phone call about the dispute.

Who should speak to a lawyer immediately?

If you:

• have been told an FIR has been registered against you;
• have been accused of non-bailable offences or offences which have serious punishments upon conviction;
• are being asked to meet the police to be questioned;
• have received a notice from the police regarding an investigation;
• are involved in a dispute whether it is commercial, property, matrimonial or personal in nature and the matter has now been given a criminal twist;
• have documents or electronic chats that may be used against you or help you contradict what has been alleged against you;
• believe you may be arrested;
• are one of many accused in the same FIR;
• believe that what has been mentioned in the FIR is significantly different from what was told to the police by the complainant.

If you are in Delhi NCR and have been accused of a crime because an FIR was registered in Delhi, Noida, Gurugram, Ghaziabad or Faridabad then quick action may be required to understand the correct jurisdiction based on where the FIR was registered and what law will apply.

What To Do When You Come To Know About FIR?

Stay calm and don’t panic. Take Strategic Action.

Get a copy of the FIR or at least know what information has been shared to the police. Try to know in which police station the FIR was filed. Try to know your FIR number, date of FIR and details of alleged offences. Know all the accused named against you in the FIR. If you have not received the FIR copy, preserve the paper you were given information/plot on. Don’t listen to rumours or panic.

Gather any evidence that can support your side of the story. This can include documents, e-mails, WhatsApp chats, notices, photographs, call data records, any previous complaint/file, title documents (in case of a property dispute), partnership agreements etc. all depending on the nature of your dispute.

Does the accused need to worry about arrest immediately? Not necessarily. It depends on what offences have been made against you, the facts and the applicable laws. Rather than waiting for the police to show up at your door-step, apply for anticipatory bail where applicable.

Don’t create a defence for yourself. Your defence will come out of the evidence that you have preserved. So make sure you preserve all evidence.

Documents/ Evidence to Preserve

One of the critical aspects of winning a false FIR case is based on the underlying documentary evidence.

Listed below are some documents which could be useful and why they could be important.

Please ensure all electronic evidence is preserved in its original format. Do not delete or edit any communications to make it appear a certain way.

How soon do you need to act before arrest?

As explained earlier, there is no magic cut-off like “within 1 week of FIR”. It depends on what offences are mentioned against you, where the investigation is at, if the police/Court have taken any action yet, the facts etc.

Courts have made it clear that only because immediate arrest is not likely, no action can be initiated by police. Likewise, the fact that an FIR has been registered does not mean that arrest will inevitably follow in all situations.

However, if there is a genuine concern of arrest, it may be beneficial to apply early on for anticipatory bail as per BNSS. The Court will look at the facts and applicable laws and see if you are eligible for anticipatory bail. We cannot predict the relief at the beginning of the case.

Similarly, the time to decide whether to approach the High Court or not can be very limited. It is therefore better to have the FIR analysed at the earliest instead of waiting for the police to arrive.

When should you meet a Criminal Lawyer?

You should meet a lawyer as soon as you know an FIR is lodged or if reliable information you have received suggests that registration is imminent.

Hence meeting early is even more crucial if the FIR mentions serious offences, if the police have contacted you, you believe you will be arrested or if the allegations pertain to an ongoing civil/ commercial/property/ matrimonial dispute.

Criminal Lawyer Advocate BK Singh can go over the FIR and any other information you have and quickly identify the immediate legal issue. He can advise you on how best to proceed legally without promising a certain outcome.

Though if you are one of our clients in Delhi NCR, you will also benefit from the initial consultation by determining whether the matter arose in Delhi, Noida, Gurugram, Ghaziabad or Faridabad.

How can the Best Bail Lawyer help if an FIR is False?

The focus should be on understanding the legal issues at hand, protecting your rights and knowing how to respond appropriately to a criminal accusation.

The service provided may consist of going over the FIR, discussing the allegations and possible offences. Understanding your concerns regarding arrest, going over other important documents and recommending the appropriate legal remedy. Legal representation at bail hearings or any other court hearings can also be provided.

Best Bail Lawyer helps connect those who have criminal-law related, bail specific legal questions to lawyers.

A competent lawyer will not tell you that your FIR will be withdrawn, that the court will quash your FIR, that you or your family won’t be arrested or that your Bail matter will be granted. Only time will tell based on the FIR, facts, laws and judge.

FAQs

Conclusion

Facing a false FIR doesn’t have to scare you into taking involuntary actions. Instead of panicking, gather your facts, secure copies of genuine evidence and speak to a professional about your legal options.

Advocate BK Singh will be able to read over the situation someone has been accused in Delhi NCR (or any other city in India) and determine whether you should apply for anticipatory bail, need to speak to the police during the investigation stage, file a petition in the High Court or take some other legal action.

Remember that not all FIRs can be quashed. Just because you don’t like the contents of the FIR doesn’t mean a Judge will agree with you and quash it. Similarly, not all FIRs will lead to arrest. The difference between legal advice that costs a few hundred rupees and theft knowing what legal action to take depends on the facts of your case.