A public interest litigation (PIL) has been filed in the Supreme Court seeking directions to the Centre and state authorities to install “display boards” at police stations, court complexes and public offices highlighting the penal provisions and punishment for filing false complaints, false charges and giving fabricated evidence.
The plea, filed by advocate Ashwini Kumar Upadhyay through advocate-on-record Ashwani Kumar Dubey, contended that such preventive measures are essential to secure the right to life, liberty and dignity of innocent citizens guaranteed under Article 21 of the Constitution.
According to the petition, the proposed display boards should be installed at all police stations, tehsil and district court premises, panchayat bhawans, municipal offices and educational institutions, clearly mentioning the provisions and punishment for false complaint, false charges, false statement, false information and false evidence.
The petitioner has further sought a direction to state authorities to inform complainants about the legal consequences of filing false complaints before registering an FIR or accepting any complaint.
“The authorities must inform the complainant about punishment for false complaints, false charges, false statements, false information and false evidence before accepting the complaint, in order to secure freedom of speech and expression of innocent citizens,” the plea stated.
In addition, the petition has sought directions to authorities to obtain an undertaking or affidavit from complainants affirming that the averments made in the complaint, information, statement, evidence and charges are true and correct, so as to curb frivolous litigation and malicious prosecution.
Relying on empirical data compiled from National Crime Records Bureau (NCRB) reports, the plea claimed that there is 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,” the petition submitted.
Referring to the Law Commission’s 277th Report, the petitioner contended that false charges, fabricated evidence and wrongful prosecutions have been identified as primary causes of miscarriage of justice and violation of Article 21.
The report noted that existing remedies are “episodic, uncertain and ineffective” and that a large percentage of undertrials ultimately face acquittal after years of incarceration.
The plea further stated that despite the enactment of Chapter XIV of the Bharatiya Nyaya Sanhita, 2023, the absence of any administrative or preventive mechanism has rendered the provisions largely inoperative.
The petition claimed that unchecked misuse of criminal law creates a chilling effect on freedoms guaranteed under Article 19, including free speech, movement and the right to carry on trade and profession, as fear of malicious prosecution suppresses legitimate dissent and enterprise.
“False complaints and malicious prosecutions convert the criminal process itself into punishment, resulting in loss of liberty, social stigma, mental trauma and irreversible damage to reputation, even in cases ending in acquittal,” the plea stated, adding that speedy trial and presumption of innocence become meaningless when false cases proliferate unchecked.
Stating that the judiciary is overburdened due to false complaints, false charges and fabricated evidence, the petitioner submitted that neither the Centre nor the states have taken effective steps to control the menace, necessitating judicial intervention by the Supreme Court.
