Supreme Court issues notice to Centre, States on PIL against rising false cases
The Supreme Court on Tuesday issued notice to the Centre and all states and Union Territories on a Public Interest Litigation (PIL) seeking directions to address the growing menace of false complaints, fabricated charges, and false evidence in the criminal justice system.
New Delhi: The Supreme Court on Tuesday issued notice to the Centre and all states and Union Territories on a Public Interest Litigation (PIL) seeking directions to address the growing menace of false complaints, fabricated charges, and false evidence in the criminal justice system.
A bench of Chief Justice of India Justice Surya Kant and Justice Joymalya Bagchi passed the order while hearing a petition filed by advocate Ashwini Kumar Upadhyay.
As per the computerised case status, the matter is tentatively likely to be listed for further hearing on May 11.
The petition claimed that the current legal framework prevents an aggrieved person or victim from initiating proceedings against false complaints and fabricated evidence without prior sanction of the court, thereby creating a structural barrier to accountability.
It contended that a “literal interpretation” of Sections 215 and 379 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has rendered several penal provisions ineffective, thereby allowing “criminals to flood police stations with false FIRs and overburden courts with false cases, false charges, false information, false certificates, false statements and false evidence”.
Highlighting the gravity of the issue, the plea referred to an incident in Uttar Pradesh’s Fatehpur district, where a family allegedly died by suicide after facing threats of false implication.
“The injury to the public is very large as innocent citizens are committing suicide due to false cases,” the petition stated.
The PIL contended that the absence of specific data on the prosecution of false complaints and perjury cases in National Crime Records Bureau (NCRB) records reflects a systemic gap in addressing the issue.
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According to the petitioner, police stations are being “flooded with false FIRs” while courts are increasingly overburdened, resulting in prolonged litigation, reputational harm, and financial and mental hardship for those falsely accused.
“As a result, the aggrieved person bears the reputational harm, prolonged litigation, and financial and mental hardship arising from false accusation, while being denied the opportunity to act as the complainant,” the plea added.
The petition seeks a “purposive and harmonious interpretation” of Sections 215 and 379 of the BNSS to enable victims to initiate complaints against offences relating to false information, false evidence and perjury with the leave of the court.
It also emphasised that the objectives of the Bharatiya Nyaya Sanhita (BNS) and BNSS — to ensure rule of law and secure speedy justice — are being undermined due to the present legal position.
Stating that unchecked misuse of criminal law threatens fundamental rights, the plea urged the apex court to intervene to prevent abuse of legal processes and to protect innocent citizens from malicious prosecution.
