If someone files a false criminal complaint against you, you should know your legal rights and options. A criminal complaint can be filed with magistrate and examination of complaint by magistrate can be done under Section 223 of Bharatiya Nagarik Suraksha Sanhita (BNSS). If someone filed a false complaint against you, it can harm your reputation, freedom, and dignity. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) which replaced the CRPC, 1973, gives you several ways to deal with a false complaint. Some of them are:
- Getting anticipatory bail under Section 482 of the BNSS before you are arrested. This section empowers the Sessions Court or the High Court grant you bail if you think you may be arrested for a non-bailable offence. The court may ask you to follow some conditions, like reporting to the police, co-operating with the investigation, or not leaving the country without permission.
- Approaching the magistrate's court to dismiss the false complaint against you. Dismissal of complaint can be done under Section 226 of BNSS.
You can also get the person filing false criminal complaint punished under Section 217 of the Bharatiya Nyaya Sanhita (BNS) which says that if someone makes a false claim to the public servant to get another person in trouble, they can go to jail for up to 1 year or pay a fine or both.
These are some of the legal steps in brief which you can take if a false criminal complaint is filed against you.
Remedies under new criminal laws (BNSS and BNS) if someone files a false criminal complaint against you
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