If the Police register a false case and or FIR (First Information Report) against a person, to harass the person or without conducting a proper investigation into the complainant's application, or without having any proof, there are legal remedies available to the aggrieved individual to hold the police officers accountable for their actions. This situation is a violation of a person's rights and is addressed through legal channels in various streams:
Criminal Complaint against Police Officers: The affected person , against police officer , can file a criminal complaint alleging that they have knowingly registered a false FIR, which is an abuse of their authority. The complaint can be filed before a Magistrate or higher-ranking police officer in the same police department. The Magistrate or higher authority will conduct an inquiry into the matter and take appropriate action against the erring officers if they are found guilty. Any of the Section 167, 182, 211, 218, 500 of the Indian Penal Code can be considered along with the other applicable sections, in this regard, according to the situation of the case in hand.
Complaint to the State Human Rights Commission (SHRC): If the false FIR leads to human rights violations, such as harassment, or wrongful arrest, the person can approach the State Human Rights Commission in their respective state. The SHRC is responsible for addressing complaints related to human rights violations by public officials, including police officers. They will investigate the matter and recommend actions against the officers if they are found to be at fault.
Complaint to the National Human Rights Commission (NHRC): In cases of severe human rights violations, the affected person can approach the National Human Rights Commission. It has jurisdiction over issues of human rights violations at the national level and can intervene to ensure justice and compensation for the affected person.
Civil Suits and Criminal Defamation Cases: Victims of false FIRs can file civil suits under Section 19 of the Code of Civil Procedure to claim compensation for defamation. They can also file criminal defamation cases under Section 499 r/w Section 500 of the IPC, which may result in imprisonment up to 2 years, a fine, or both.
Writ Petition in High Court: If the police officers' actions are particularly egregious, a person can file a writ petition in the High Court under the Article 226 of the Indian Constitution. The petition can seek a writ of certiorari, mandamus, or prohibition, asking the court to dismiss the false FIR, order a fair investigation, and take appropriate disciplinary or legal action against the police officers.
Criminal Defamation Case: If the FIR leads to damage to the person's reputation and causes harm to their social status, they may also file a criminal defamation case against the complainant. Defamation laws in India can be used to seek redress for damage to one's reputation caused by false accusations.
Filing a Private Complaint: If the police fail to take action on the individual's complaint against the false FIR, they can file a private complaint before a Magistrate. The Magistrate will conduct an inquiry, and if the complaint is found to be valid, it can lead to the initiation of criminal proceedings against the police officers.
It is essential to gather sufficient evidence to support the claim of a false FIR, such as witnesses, documents, and any records of the complaint lodged with the police. It is advisable to seek legal counsel to navigate through the complex legal process and ensure that the case is appropriately presented before the relevant authorities or court.
False FIRs can cause significant mental, financial, and emotional distress to the accused. To prevent such misuse of the law, strict actions should be taken.