After a long and exhausting prosecution for false allegations and claims in Indian Courts (making good use of remedies available against/with Police and Courts) resulting in favorable decisions, you may want to make good of the following remedies available in law across various forums.
Civil-side Remedies (SEEKING COMPENSATION from the malicious prosecutor)
Criminal-side Remedies
SEEKING COMPENSATION from the malicious prosecutor:
- Those (accused persons) who were maliciously prosecuted for alleged criminal offences, can seek Compensation for accusation without reasonable cause u/s 250 CrPC.
- Those (accused persons) who were maliciously arrested for alleged criminal offences, can seek Compensation (maximum of Rs.1000/-) for accusation without reasonable cause u/s 358 CrPC.
- Those who were forced to litigate frivolous Transfer petitions at Supreme Court, can seek Compensation (maximum of Rs.1000/-) u/s 406(3) CrPC.
- Those who were forced to litigate frivolous Transfer petitions at High Court, can seek Compensation (maximum of Rs.1000/-) u/s 407(7) CrPC.
- Those who were forced to litigate frivolous Transfer petitions at Sessions Court, can seek Compensation (maximum of Rs.1000/-) u/s 408(3) CrPC.
SEEKING PUNISHMENT for the malicious prosecutor:
- Those who were put to disadvantage by taking of bribes by public servants (including Police, Magistrates and Judges), can get a FIR registered under CHAPTER III Offences of Prevention of Corruption Act 1988
- Police Officers can be proceeded against under section 167 IPC for registering a false FIR or Charge sheet. Punishment is same as 498A IPC. 🙂
- Police Officers have to register a complaint against those who gave them false information, when the police file a charge sheet wherein from their investigation, either persons were removed/not charged in Charge sheet or certain sections were removed under section 182 or 211 IPC. Section 340 CrPC applies to these sections so the person who was listed in the FIR cannot himself file the complaint with Court but he can ask (via a simple letter to IO, then local SP/CP, then DGP; followed by couple of RTIs seeking progress/action taken at each stage). Since there is a time limit imposed on filing such complaint by Police (as per section 468 CrPC), it is better to act fast once the IO makes any removals from charge sheet. Of course, in appropriate case, sec 5 of Limitation Act can also be invoked
- Judicial Officers can be proceeded against under sections 217, 218, 219, 220 of IPC. No need of any 340 CrPC application for these offences. Direct Police complaint.
- Defamation u/s 499/500 IPC case laws here.
Remedies under Writ Jurisdiction of a Constitutional Court
- Under Writ of Mandamus, the affected person can claim compensation against the offender, over and above what is granted by statutory provisions.
- Classic case of Sri Nambi Narayanan here.
