Supreme Court Issues Notice on Rising False Cases

New Delhi, March 24: The Supreme Court has issued notices to the central government, all states, and union territories regarding a Public Interest Litigation (PIL) aimed at addressing the increasing threat of false complaints, fabricated charges, and misleading evidence within the criminal justice system.

The bench, comprising Chief Justice D.Y. Chandrachud and Justice A.S. Bopanna, passed this order while hearing a petition filed by lawyer Ashwini Kumar Upadhyay. The next hearing of the case is scheduled for May 11.

The petition claims that the existing legal framework prevents victims from initiating action based on false complaints and fabricated evidence without prior approval from the court, creating a structural barrier to accountability.

It argues that the literal interpretation of Sections 215 and 379 of the Indian Citizen Safety Code (BNSC), 2023, has rendered several punitive provisions ineffective, allowing offenders to flood police stations with false First Information Reports (FIRs) and burden courts with false cases, allegations, misleading information, false certificates, false statements, and misleading evidence.

Highlighting the severity of the issue, the petition references an incident in Fatehpur district of Uttar Pradesh, where a family reportedly committed suicide after facing threats of being implicated in false cases. The petition further states that the public is suffering significantly, as innocent citizens are taking their own lives due to false cases.

The PIL argues that the lack of specific data on false complaints and perjury cases in the National Crime Records Bureau (NCRB) records indicates a systemic deficiency in addressing this issue.

According to the petitioner, there has been a surge of false FIRs in police stations, while the burden on courts continues to increase. This results in individuals facing false accusations enduring prolonged legal battles, leading to defamation, as well as economic and mental distress.

The petition emphasizes that victims face defamation, lengthy legal struggles, and economic and mental hardships due to false accusations, while they are not given the opportunity to act as complainants themselves.

It calls for a purposive and harmonious interpretation of Sections 215 and 379 of the BNSC to assist victims in filing complaints against crimes related to false information, misleading evidence, and perjury with court approval.

The petition also stresses that the objectives of the Indian Justice Code (BNS) and BNSC are being undermined due to the current legal situation.

Stating that the unchecked misuse of criminal law poses a threat to fundamental rights, the petition urges the Supreme Court to intervene to prevent the abuse of legal processes and protect innocent citizens from malicious prosecutions.

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