Suppose you are innocent, you did not commit any crime, and even you did not attempt to commit any crime. Still you are accused! In recent years, false cases have significantly increased in Bangladesh!!! This situation is alarming in real sense.
False case means - filing a case upon false, frivolous, and vexatious allegation or upon some facts knowing that there is no just or lawful ground of instituting a case against the opposite party. This is an independent offence under both penal code-1860 and CrPC- 1898.
False case: Bangladesh scenario
False cases have already put a question sign after the efficiency of legal proceedings. The real purpose of creating and enforcing law is only for the well-being of people and provide justice. However, some people consider legal remedies as the weapon of achieving their goal and implementing their ill motive.
About filing false cases the Supreme Court of India in a case namely Sushil Kumar Sharma Vs. UOI2 (2005), opined that
- "It may therefore become necessary for the Legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with. "by misuse of the provision, a new legal terrorism can be unleashed"
Though we have no standard statistics to measure how many cases are falsely field. But on june 23, 2013 former law minister shafique ahamed says: 80% of dowry related cases are false. So this is the scenario of dowry let alone other cases.
Reason behind filing false cases
The main reason of logging false complains is to take revenge. Out of anger and intention of taking revenge people are doing so.
As per report no 243 of the Law commission of India in the year august -2012, the extent of filing false case under section 498A (committing cruelty upon wife by husband or husband's relative) of IPC- 1860 was so grave and enormous that the commission suggested making the offence compoundable. Otherwise it is the husband side which is frequently being harassed by the false case filed against him upon a trifle physical assault allegation which is always found not to be true.
Moreover, sensitive cases like torture, rape, and attempt to rape are often found to be false and baseless and intended to hamper reputation & money. "Section - 11 (Dowry), Nari-O-Shishu Nirjaton Domon Ain- 2000, Sec- 4 Dowry Prohibition Act- 1980 and Sec- 11 and 16 of Domestic Violence Act- 2010 are become one of the most effective weapons of attack. Besides these, false case are being filed on the false allegation of theft, grievous hurt, arms dealing, drug dealing.
What is the remedy?
Law provides remedy regarding this.
Under CrPC-1898
According to Section 250 of the Code the Criminal Procedure it is an offence. Though CRPC is a procedural law, still it punishes the demon like filling false cases. It empowered the court to punish a complainant or informant who is found to have filed a false frivolous and vexatious case against the accused. And the punishment is maximum 6 months imprisonment or fine not exceeding 3000 taka.
Under penal code-1860
Section 211 of the penal code -1860 punishes the person who files False charge with intent to injure the other party with 2 years imprisonment and if the offense is of death or imprisonment for life, or imprisonment above 7 years ,,,,,, then with 7 years of imprisonment .
Under Nari o Sishu Nirjatan Daman Ain - 2000
Section 17 punishes a complaint who files false case knowing there is no ground for filing a case against the accused with rigorous imprisonment not more that 7 years and also with fine.
Riya Akter is student of law, Northern University Bangladesh
