The Supreme Court on Tuesday issued notice to the Centre and all states and Union Territories on a public interest litigation seeking directions to address the rising instances of false complaints, fabricated charges, and false evidence within the criminal justice system.
A bench comprising Chief Justice of India Justice Surya Kant and Justice Joymalya Bagchi passed the order while hearing a petition filed by advocate Ashwini Kumar Upadhyay. The matter is tentatively scheduled for further hearing on May 11, according to the court’s case status.
The petition raised concerns over what it described as structural limitations within the current legal framework, which restrict victims from initiating action against false complaints and fabricated evidence without prior sanction from the court. It argued that this requirement creates a barrier to accountability and prevents timely redressal.
Referring to provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the plea contended that a literal interpretation of Sections 215 and 379 has weakened the effectiveness of existing penal provisions. It stated that this has enabled individuals to file false FIRs and flood police stations with misleading complaints, while also increasing the burden on courts with cases involving false information, fabricated evidence, and perjury.
The petition highlighted the broader implications of such misuse, stating that the criminal justice system is facing increasing pressure due to the volume of false cases. It noted that individuals falsely accused often face prolonged legal proceedings, reputational damage, and financial and psychological strain.
To underline the gravity of the issue, the plea cited an incident in Uttar Pradesh’s Fatehpur district, where a family allegedly died by suicide following threats of false implication. The petition stated that such cases demonstrate the extent of harm caused to innocent individuals due to misuse of legal processes.
It further pointed to the absence of specific data in National Crime Records Bureau records on the prosecution of false complaints and perjury cases, describing it as a systemic gap in tracking and addressing the issue. According to the petitioner, the lack of data reflects inadequate focus on the enforcement of laws meant to deter false reporting.
The plea argued that the current legal position undermines the objectives of the Bharatiya Nyaya Sanhita and the BNSS, which aim to uphold the rule of law and ensure timely justice. It stated that unchecked misuse of criminal law poses a threat to fundamental rights and calls for judicial intervention.
Seeking relief, the petition has urged the court to adopt a purposive and harmonious interpretation of the relevant provisions of the BNSS. It requested that victims be allowed to initiate complaints related to false information, false evidence, and perjury, subject to the court’s approval.
The Supreme Court’s notice to the Centre and states marks the beginning of judicial examination of the issue, with the outcome expected to have implications for how false complaints and misuse of legal provisions are addressed within the criminal justice system.
