Supreme Court to examine plea seeking safeguards against false complaints and malicious prosecution

New Delhi: The Supreme Court on Thursday issued notice to the Centre, States and Union Territories on a plea filed by advocate Ashwini Upadhyay, seeking directions to curb false complaints, fabricated evidence, and malicious prosecution.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said that courts are often criticised and accused of gagging people.

“But why should one be afraid of gagging? If you are a responsible citizen, then own the responsibility and say what I am saying is correct. Use abusive language, try to defame people and then disappear, knowing nothing can be done. Some checks and balances are required,” the bench said.

Arguing in person, Upadhyay contended that fake cases are a major burden on the justice system.

He said that putting display boards in police stations, railway stations, and other public places about the punishment for filing false cases can be a good deterrent. Citing the UGC issue, Upadhyay said, there should be a board in the admin block regarding the punishment, which entails the filing of false cases.

“We need to create a very informed society, to understand the value. A person is thinking of their fundamental rights; they need to learn about the neighbourhood's fundamental rights," the bench said.

"The problem is actually that when these false complaints are lodged, the de facto complainant does not even know that he or she has lodged a complaint. It is someone else who gets the thumb impression, blank signatures, the poor fellow does not even know that I am being exploited by another affluent person,” the bench added.

Giving an example, the bench pointed out that the wife moved the court saying that “so and so, political leader is not involved in the murder of my husband. Where is the necessity to make a statement before us? Unless she is at gunpoint or power point”.

The court decided to examine the plea, which sought directions to introduce administrative safeguards to prevent false complaints and protect the right to life, liberty and dignity of innocent citizens.

The plea sought directions to the Centre and states to install display boards at police stations, court premises, panchayat offices, municipal offices and educational institutions specifying the provisions and punishments relating to false complaints and false evidence under the Bharatiya Nyaya Sanhita, 2023.