False FIRs | SC examines whether BNSS bars Victims from initiating proceedings

In a significant development that puts the spotlight on misuse of criminal law, the Supreme Court stepped in to examine why individuals falsely implicated in cases often have little recourse against those who set the process in motion. Issuing notice to the Union Government and all States, the Court is now set to consider whether the current legal framework inadvertently protects false complainants, leaving victims to navigate reputational harm, prolonged litigation, and emotional and financial strain with limited remedies.

The plea, filed by Advocate Ashwini Kumar Upadhyay, challenges the existing interpretation of provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), particularly Sections 215 and 379, arguing that they effectively bar aggrieved individuals from initiating proceedings against those who lodge false complaints or commit perjury. It highlights that despite statutory provisions penalising such conduct, procedural limitations render them largely ineffective. The petition emphasises the consequences of false prosecutions, including reputational damage, prolonged litigation, and financial and mental strain, and seeks a framework where victims, subject to court approval, can trigger action against misuse of the system.

The Court, while entertaining the plea, flagged the core concern regarding the existing procedural barrier, observing that the framework appears to restrict victims from setting the law in motion against false allegations. The petition presses for a purposive interpretation to address this gap and also seeks directions for maintaining and publishing official data on false FIR cases. The Court has issued notice to the Centre and States, setting the stage for a wider examination of safeguards against abuse of criminal process.