Ways to Get Relief From Court Cases
Including False Case Remedies • BNS Punishments • Police Behaviour • False FIR Protection • Legal Rights
Thousands of people in India get trapped in false, exaggerated, or malicious cases every year. With the new Bharatiya Nyaya Sanhita (BNS) 2023 and Bharatiya Nagarik Suraksha Sanhita (BNSS), the law has become far more strict against false complaints while offering strong protections to innocent citizens.
This complete guide explains every title you provided, in a clean, powerful, legally accurate manner.
Punishment for Filing a False Case
Filing a false case or giving false information to police is a serious crime under the BNS.
BNS Section 230 – False Information to a Public Servant
Knowingly providing false or misleading information to the police is a punishable offence.
Punishment: Imprisonment + Fine
BNS Section 238 – False Charge With Intent to Injure
If someone intentionally files a false FIR or falsely accuses another person:
Punishment: Up to 7 years imprisonment + fine
BNS Section 354 – Defamation (Reputation Harm)
If a false accusation damages your reputation, dignity, or social standing, defamation applies.
In short:
Filing a false case is a crime, and the false complainant can face a criminal case in return.
How to Defend Yourself Against False Allegations Under BNS Sexual Offence Provisions
(These were previously under IPC Section 354 but now fall under BNS.)
False allegations of molestation or harassment can destroy a person emotionally and socially. Here’s how to protect yourself:
Stay calm and avoid emotional reactions
Anger can be used against you.
Collect all evidence
Chats, call logs, CCTV footage, location history, emails, messages.
Give only written statements
Never give oral statements to police; always reply in writing.
File a Preventive Complaint
Submit a written complaint to the SP stating that you fear a false BNS case.
Apply for Anticipatory Bail
If FIR is filed, this is your immediate legal protection.
File a Counter-Complaint
Under:
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BNS 230 (False Information)
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BNS 238 (False Charge)
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BNS 354 (Defamation)
Seek High Court Quashing
If the allegations are impossible, unsupported, or clearly fabricated.
One-Word Legal Term for a False Criminal Case
Malicious Prosecution
Meaning: Intentionally dragging someone into false and malicious criminal proceedings.
Ways to Avoid a False Case
Maintain records of all communication
Chats, calls, financial transactions, emails.
Avoid private meetings with hostile people
Many false cases arise due to personal disputes.
File a Preventive Complaint
Inform the SP/DSP in writing that someone is threatening to file a false case.
Install CCTV at home/office
Never give money without proper documentation
Avoid heated arguments
Everything can be recorded and used against you.
These small actions can save you from major legal trouble.
What to Do If Police Come Home and Threaten to Frame You in a False Case
Turn on audio/video recording
You have the right to record illegal police behaviour.
Ask for a written notice (BNSS requirement)
Police cannot forcefully take you without proper written notice.
Stay calm and polite
Never argue or confront aggressively.
Inform your lawyer immediately
File official complaints to:
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Superintendent of Police
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District Magistrate
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Human Rights Commission
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State Police Complaints Authority
Apply for Anticipatory Bail
If you suspect an FIR may be filed.
Approach the High Court for a “No-Coercive Action” order
This prevents police from taking any action.
If You Are Wrongfully Imprisoned in a False Case, Can You Sue the Government
If you were jailed due to a false FIR or wrongful police action, you can get justice and compensation.
Constitutional Compensation Petition
High Courts and Supreme Court often award compensation.
Malicious Prosecution Case
Against both the police officer and the false complainant.
Human Rights Commission Complaint
NHRC grants compensation for illegal detention and rights violations.
You may claim:
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Financial damages
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Compensation for mental trauma
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Loss of income
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Reputation damage
How to Deal With a False FIR in India
Step 1: Obtain a copy of the FIR
Available at the police station or online.
Step 2: Apply for Anticipatory Bail (BNSS)
Immediate protection from arrest.
Step 3: Collect all evidence proving your innocence
CCTV, chats, bank receipts, audio/video recordings.
Step 4: File a Counter-Complaint
Under BNS Sections 230 & 238.
Step 5: Approach High Court for Quashing
If the FIR is baseless, motivated, or legally invalid.
Step 6: Request “Stay on Investigation”
High Court can halt police action temporarily.
Step 7: Do NOT contact the complainant
It may be portrayed as intimidation.
Giving False Information Is Now a Crime
Under the new BNS, giving false information or filing a false FIR is a strict criminal offence.
BNS 230 – False Information
Lying to the police = punishable offence
BNS 238 – False Charge
Filing false allegations
Punishment: Up to 7 years imprisonment
BNS 354 – Defamation
If false allegations damage someone’s reputation.
Punishments include:
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Jail
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Heavy fine
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Criminal record
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Compensation to the victim
The law aims to deter the misuse of legal provisions.
How to Behave Properly With Police and Protect Yourself From False Cases
Your behaviour with the police directly influences the case outcome.
Always stay calm and respectful
Aggression triggers suspicion.
Ask for written notice
BNSS requires written notice for enquiries.
Give written replies, not verbal replies
Never sign blank papers
Keep your lawyer in the loop
Keep your phone recording ON if police misuse power
Give photocopies of IDs, not originals
Never ignore police enquiries
Avoiding them looks suspicious.
Proper behaviour + legal knowledge = your strongest shield.
Conclusion – Your Complete Protection Against False Cases
With the new BNS 2023 safeguards, false cases cannot harm you if you act on time, stay calm, maintain evidence, and use the right legal remedies like bail, quashing, and High Court protection. Awareness and quick action are your strongest defence.
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Need Assistance?
If you are facing a false police case, a false FIR, or any kind of police harassment, our legal defence team is here to support you from the very first step till complete legal protection.
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