Supreme Court strict on false complaints and fake cases, notice to Center and states

New Delhi.

On the increasing cases of false complaints and fake criminal cases Supreme Court of India Expressing deep concern, has issued a notice to the Central Government and all the State Governments. The court said that it is extremely important to stop the misuse of the criminal justice system, as it leads to harassment of innocent people and unnecessary burden on the courts.

The matter has come before the court through a Public Interest Litigation (PIL), demanding strict action against false complaints, fake testimony and fabricated evidence. The court made it clear that it will not shy away from taking necessary steps to prevent abuse of the judicial system, even if it is criticized for it.


Who filed the petition

This PIL advocate and BJP leader Ashwini Kumar Upadhyay Has been filed by. While advocating his case in the court himself, he said that due to fake cases, honest people are living in an atmosphere of fear and there is additional pressure on the justice system.

The petition states that many times civil disputes are deliberately converted into criminal cases. For example, cases like land disputes are converted into serious criminal sections or women are subjected to false allegations like molestation and rape.


Strong comment from the court

Chief Justice of India during the hearing Surya Kant A three-judge bench headed by Justice K.K. said that the increasing number of such cases in the society is a matter of concern.

The court said:

  • Many times the complainant is not aware that a complaint has been filed in his name.

  • Influential people lodge complaints by forging signatures in the name of the poor.

  • The criminal process is being used to create pressure.

The bench also said that it is necessary to build a conscious society, where people respect each other’s fundamental rights and promote the feeling of brotherhood.


The court gave an example

During the hearing, the court gave the example of a recent case, in which a woman herself came to the court and said that a political leader had no connection with her case. A fake complaint was lodged against the leader in the name of the woman.

The court said that from such cases it is clear that the complaint system is being misused and concrete steps are necessary to stop it.


Major suggestions given in the petition

Some important suggestions have been put before the court by the petitioner:

  1. Information board arrangement

    • police stations

    • the courts

    • panchayat buildings
      This information should be displayed about what punishment can be given for filing a false complaint.

  2. Mandatory Affidavit
    While filing the complaint, an affidavit should be taken from the complainant confirming the veracity of the allegations.

  3. Strict legal provisions should be implemented

    • false testimony

    • fake evidence

    • fabricated complaint
      Existing laws should be strictly implemented in such cases.


Answer sought from government

The Supreme Court has sought answers from the Central Government and all the state governments in this matter. The court has asked what steps have been taken so far to stop false complaints and fake cases and what is the future plan.

Next hearing of the case four weeks later It has been determined.


Why is the matter important?

According to experts, if the court issues strict guidelines in this case, then:

  • There may be a reduction in fake cases

  • Innocent people can get relief

  • The burden of courts may reduce

  • Justice process can be more transparent

This case can set the direction for major reforms in the criminal justice system in the future.

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