The Supreme Court has issued a notice to the Centre, all states, and Union Territories following a Public Interest Litigation (PIL) addressing the rise of false complaints, fabricated charges, and false evidence in the criminal justice system. The bench, led by Chief Justice of India Justice Surya Kant and Justice Joymalya Bagchi, took this action during a hearing on a petition filed by advocate Ashwini Kumar Upadhyay. The matter is tentatively set for further hearing on May 11 based on the computerized case status.
The PIL highlighted that the current legal framework hinders aggrieved individuals or victims from taking action against false complaints and fabricated evidence without prior court approval, creating a barrier to accountability. It pointed out that certain sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 have made several penal provisions ineffective, allowing criminals to inundate police stations with false FIRs and burden courts with fabricated cases and evidence.
The plea referenced a tragic incident in Uttar Pradesh’s Fatehpur district where a family reportedly died by suicide due to threats of false implication, underscoring the severe consequences of such situations. The petition emphasized the lack of specific data on the prosecution of false complaints and perjury cases in National Crime Records Bureau (NCRB) records, indicating a systemic gap in addressing the issue and the resulting challenges faced by those falsely accused.
The petition called for a purposeful interpretation of relevant legal sections to empower victims to file complaints against offenses related to false information, false evidence, and perjury with court permission. It also stressed that the current legal stance undermines the objectives of the Bharatiya Nyaya Sanhita (BNS) and BNSS, which aim to uphold the rule of law and ensure swift justice. The plea urged the Supreme Court to intervene to prevent the misuse of criminal law, safeguard fundamental rights, and shield innocent citizens from malicious prosecution.
