6 days ago
Supreme Court to hear plea on warnings against false complaints
The Supreme Court will consider a request about false complaints.
The request asks public offices to put up boards explaining the punishment for making false complaints.
It also asks officials to tell people about these punishments before accepting a complaint.
The petitioner wants complainants to sign a promise that their claims and evidence are true.
He says false cases can harm innocent people and slow down the justice system.
The petition refers to data showing that many cases end in acquittals rather than convictions.
It also cites a Law Commission report about false charges and wrongful prosecutions.
The court has not yet ruled on whether these requests should be accepted.
The Supreme Court agreed to list next week a PIL seeking warnings about the legal consequences of false complaints.
The proposed display boards would be installed at police stations, court premises, municipal offices and other public institutions.
Advocate Ashwini Upadhyay also wants complainants informed about penalties for false complaints, charges, statements, information and evidence.
The plea seeks undertakings or affidavits confirming that allegations and evidence submitted are true and correct.
The petition cites NCRB data and Law Commission Report 277 to argue that false cases and fabricated evidence contribute to miscarriages of justice.
- Who
- Advocate Ashwini Upadhyay filed the PIL and mentioned it before a bench led by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and V Mohana.
- What
- The Supreme Court agreed to list a PIL seeking display boards and other safeguards concerning the consequences of false complaints and fabricated evidence.
- Where
- The matter was mentioned before the Supreme Court in New Delhi; the proposed boards would be placed at public institutions including police stations, courts and municipal offices.
- When
- The matter was mentioned on September 24, and the court agreed to list it for hearing the following week.
- Why
- The petition seeks to reduce false complaints, frivolous cases, fabricated evidence and wrongful prosecutions, which it says burden the criminal justice system and harm innocent citizens.
Key facts
- Case type
- Public interest litigation seeking directions to the Centre and state authorities.
- Proposed locations
- Police stations, court premises, municipal offices and other public institutions.
- Requested warning
- Information about penalties for false complaints, charges, statements, information and evidence.
- Additional safeguard
- Complainants would be asked to provide an undertaking or affidavit that their submissions are true and correct.
- Evidence cited
- NCRB data showing a disparity between registered cases and convictions under several special criminal laws.
- Law Commission reference
- Report No. 277, which the plea says identified false charges, fabricated evidence and wrongful prosecutions as causes of miscarriages of justice.
- Legal provision cited
- Chapter XIV of the Bharatiya Nyaya Sanhita 2023.
Quotes
Ashwini Upadhyay's public interest litigation
The PIL filed by advocate Ashwini Upadhyay in the Supreme Court
“Empirical data compiled from NCRB reports demonstrates a stark disparity between cases registered and convictions under several special criminal laws, with acquittals running into disproportionately high numbers. This statistical pattern reveals a structural problem of false complaints, false charges and fabricated evidence clogging the criminal justice system.”
theprint.in
“Chapter XIV of the BNS 2023 has specific provisions to address these menaces. But Centre and States have not taken apposite steps to implement them.”
theprint.in
Sources
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