{"id":5852,"date":"2024-10-26T16:04:18","date_gmt":"2024-10-26T10:34:18","guid":{"rendered":"https:\/\/www.leadindia.law\/blog\/en\/?p=5852"},"modified":"2024-10-26T16:04:19","modified_gmt":"2024-10-26T10:34:19","slug":"what-are-the-remedies-against-false-fir","status":"publish","type":"post","link":"https:\/\/www.leadindia.law\/blog\/en\/what-are-the-remedies-against-false-fir\/","title":{"rendered":"What Are The Remedies Against False FIR?"},"content":{"rendered":"\n
A First Information Report (FIR) is a written record create by police when they receive information concerning the commission of a cognizable offence. It is a report of information that reaches the police first in time, hence it is name as\u00a0 First Information Report. It is typically a complaint file with the police by the victim of a cognizable offence or someone acting on his or her behalf. Anyone may report the commission of a cognizable offence, either orally or in writing.<\/p>\n\n\n\n
Remedies against false FIR<\/h3>\n\n\n\n
There are certain remedies available to victims against the false FIR. Let’s discuss these:<\/p>\n\n\n\n
\n
Remedies available before arrest is make: <\/strong>If the false FIR has been register and the arrest has not been make, then the victim can approach the Session Court or the High Court for anticipatory bail. Under this bail, the non \u2013 bailable offence is treat as bailable offence and if the arrest is make, the person could be able to take bail after giving the bail amount. Section 482 of BNSS<\/strong> talks about anticipatory bail. Under this, the court will consider several factors for determining the anticipatory bail and may impose conditions upon the applicant while granting the bail.<\/li>\n\n\n\n
Remedy after filing Chargesheet or after making arrest of the person:<\/strong> The High Court may hear a victim’s appeal to quash a fraudulent FIR filed against him\/her under Section 528 of BNSS<\/strong>. This provision grants the High Court with inherent powers. This section does not provide any inherent power rather the High Court has inherent power, this section only declares it. The purpose of inherent power is to avoid any abuse of the process of court or to secure ends of justice. There are different stages when this application can be file. The victim can approach the High Court before filing the Chargesheet. If the false FIR violates the principle of natural justice and results in a terrible miscarriage of justice for the victim, the High Court has the authority to punish the police officer or make specific directives to such officials. If the police have filed the Chargesheet and the case has been commit to the sessions judge, then the victim can file an application so as to get discharge from the offence.<\/li>\n\n\n\n
![\"\"](\"data:image\/svg+xml;base64,PHN2ZyB3aWR0aD0iMSIgaGVpZ2h0PSIxIiB4bWxucz0iaHR0cDovL3d3dy53My5vcmcvMjAwMC9zdmciPjwvc3ZnPg==\")
<\/a><\/figure><\/div>\n\n\n\n<\/div>\n\n\n\n![\"\"](\"https:\/\/www.leadindia.law\/blog\/en\/wp-content\/uploads\/2022\/09\/talk-to-lawyer-black-logo.png\"){kind=logo}
<\/a><\/figure><\/div>\n\n\n\n