New Delhi, March 24 (IANS). The Supreme Court on Tuesday issued notice to the Centre, all states and union territories on a public interest litigation (PIL). The petition has sought directions to deal with the growing menace of false complaints, fabricated allegations and false evidence in the criminal justice system.
The bench of Chief Justice of India Justice Surya Kant and Justice Joymalya Bagchi passed this order while hearing a petition filed by lawyer Ashwini Kumar Upadhyay. The next hearing of this case is likely to be held on May 11.
The petition claims that the existing legal framework prevents a victim from initiating action on the basis of false complaints and fabricated evidence, unless prior approval is obtained from the court. Thus, it creates a structural barrier to accountability.
It argued that the literal interpretation of Sections 215 and 379 of the Indian Civil Defense Code (BNSS), 2023 has rendered several penal provisions ineffective, thereby allowing criminals to flood police stations with false FIRs and burden the courts with false cases, false allegations, false information, false certificates, false statements and false evidence.
Highlighting the seriousness of the issue, the petition cites an incident in Fatehpur district of UP, where a family allegedly committed suicide after facing threats of being implicated in false cases. The petition further states that the public is suffering huge loss as innocent citizens are committing suicide due to false cases.
It was argued in the PIL that the lack of specific data on cases of false complaints and perjury in the records of the National Crime Records Bureau (NCRB) reflects a systemic deficiency in dealing with the issue.
According to the petitioner, police stations are flooded with false FIRs, while the workload on the courts is continuously increasing. The result is that people facing false allegations have to fight legal battles for a long time and are defamed. Besides, they have to face financial and mental problems.
The petition further said that the victim has to face defamation, prolonged legal battle and financial and mental troubles due to false allegations, while he himself does not get the opportunity to act as a complainant.
The petition seeks a purposeful and harmonious interpretation of Sections 215 and 379 of the BNSS to enable victims to file complaints against them for offenses involving false information, false evidence and perjury with the permission of the court.
It also emphasized that the objectives of the Indian Judicial Code (BNS) and the BNSS are being undermined by the current legal situation.
Saying that unchecked misuse of criminal law is a threat to fundamental rights, the petition urged the Supreme Court to intervene to stop abuse of legal processes and protect innocent citizens from malicious prosecutions.
–IANS
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