Introduction 

• First Information Report (FIR) is defined under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). 
• The Provisions related to FIR are covered under Chapter XIII which is about the Information to the police and their powers to investigate of BNSS 
• FIR is the earliest and the first information of a cognizable offence recorded by an officer in charge of a police station. 
• FIR can sometimes be filed with a malice intent and such FIRs are considered as false FIRs. 
• False FIRs can have severe consequences for individuals wrongfully accused, and understanding the legal framework surrounding them is crucial for both the accused and the accuser. 

What is False FIR? 

• A False FIR refers to a report made to the police that contains false information about a crime that has not occurred or has been exaggerated.  
• It is an attempt to mislead law enforcement authorities and can lead to wrongful arrests, harassment, and legal troubles for innocent individuals.  
• Filing a false FIR is a criminal offense under Indian law. 

Legal Provisions for False FIR 

Bharatiya Nyaya Sanhita, 2023 (BNS): 

• Section 212: This Section states the provisions for furnishing false information as: 
  • This law applies to anyone legally required to provide information to a public servant. 
  • The offense occurs when someone provides false information while: 
    • Knowing it is false, or 
    • Having reason to believe it is false. 
  • Two different penalties apply depending on the nature of the information: 
    • Simple imprisonment for up to 6 months, and/or fine up to 5,000 rupees. 
    • When the false information relates to: 
      • Commission of an offense 
      • Prevention of an offense 
      • Apprehension of an offender 
    • The punishment can be (either simple or rigorous) up to 2 years, and/or fine (amount not specified). 
• Section 216: This Section states the provisions as: 
  • This Section applies to persons legally bound by an oath or affirmation. 
    •  The oath/affirmation must be about stating the truth. 
    •  Made to either: 
      • A public servant, or 
      • Any person authorized by law to administer such oath/affirmation. 
  • The offense occurs when: 
    • The person makes a false statement under such oath/affirmation and either: 
      • Knows the statement is false, or 
      • Believes the statement is false, or 
      • Does not believe the statement to be true 
  • Punishment: 
    • Imprisonment (either simple or rigorous) up to 3 years and can also be fined. 

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): 

• Section 528: Inherent powers of the High Court: 
  • Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. 

Consequences of Filing a False FIR 

• Filing a false FIR can have serious repercussions, including: 
  • Criminal Charges: The complainant may face criminal charges under the BNS for providing false information. 
  • Civil Liability: The accused may file a civil suit for defamation against the complainant. 
  • Loss of Credibility: The complainant's credibility may be severely damaged, affecting personal and professional relationships. 

Remedies for Victims of False FIR 

• If an individual finds themselves wrongfully accused due to a false FIR, they can take the following steps: 
  • Seek Anticipatory Bail: If there is a fear of arrest, the accused can apply for anticipatory bail to avoid being taken into custody. 
  • File a Quashing Petition: The accused can approach the High Court to quash the false FIR if it is found to be baseless under Section 528 of BNSS. 
  • File a Complaint Against the Complainant: The accused can file a complaint against the complainant for filing a false FIR, leading to legal action against them. 
  • Seek Compensation: The accused may also seek compensation for damage caused due to the false FIR. 

Recent Judgement of False FIRs 

• Varun Bagga v. State of Punjab & Another (2022): 
  • The Punjab and Haryana High Court observed that it has become common place to misuse the legal system by submitting False FIRs to stroke one's ego.
• Manoj Kumar Gupta and 2 Others v. State of U.P. And 3 Others (2024): 
  • In this case a false complaint was lodged by the CJM against the Government official. 
  • Wherein it was held that in future, if any judicial officer or Judge wants to become the first informant in his personal capacity in any FIR, he must take his concerned District Judge into confidence and, after having the assent from the District Judge only, he can become an informant of any FIR [except in the matter of grave and severe nature like murder, suicide, rape or other sexual offences, dowry death, dacoity]. 

Conclusion 

False FIRs can have devastating effects on individuals and their families. It is essential to understand the legal implications of filing a false FIR and the remedies available to those wrongfully accused. Awareness of these issues can help prevent misuse of the legal system and ensure justice for all parties involved. If you find yourself in such a situation, it is advisable to seek legal counsel to navigate the complexities of the law effectively.