REMEDIES AGAINST FALSE F.I.

FIR stands for First Information Report. It is a document which provides initial
information of occurrence of cognizable offence. It is settled principle of law that
offence levelled against an accused has to be proved beyond the reasonable
doubt. If there is a single doubt, the benefit will be given to the accused and he
will be acquitted from the charged made against him. Unfortunately, in our
county, Criminal Case takes many years to decide. In most cases, after passing
many years, the accused gets acquittal from the Court. Now the question arises,
if the prosecution/police did not prove the levelled charges or the accused was
innocent, who will be responsible for his loss of time, money and respect? Is there
any remedies against the false FIRs ?

The answer is yes, but unfortunately nobody invokes such remedies and that is the
reason that lodging False FIR is much easy to blackmail or trap someone.

In this article I will discuss few remedies which can be invoked in case of false FIR.

1. SECTION 211 PAKISTAN PENAL CODE 1860

This section can be invoked, once the accused gets his acquittal from the
competent Court of law. Punishment under this section is dependable on the
offense leveled in the FIR. Section states that if the levelled offence is punishable
with death or life or 10 years or seven years imprisonment, the punishment shall
be punishment upto seven years with fine. In other case, the punishment will be
limited to two years imprisonment with fine or without or only fine. It is also
necessary to mention that this proceedings can be initiated against the Police as
well as complainant.

It is held by the Honourable Quetta High Court in a case reported as

2013 PCrLJ 18 that proceedings under S.211, P.P.C. could only be initiated on a
written complaint of a court or by any other court to which such court was
subordinate.
2. SECTION 182 OF PAKISTAN PENAL CODE 1860

This can also be invoked against the Police Officer/SHO as well as individual.
The reason is that individual gives false information to SHO who is a public
servant while Police officer gives false information to the Judge, who is also a
public servant. The punishment under this section upto Six months
imprisonment or fine or both.

It is held by the Honourable Karachi High Court at Sindh in case reported as

2018 YLRN 275 that Sections 154 & 155, Cr.P.C. nowhere stipulated that police
was restrained from registering FIR. Police was duty bound to reduce the
information relating to commission of a cognizable offence into writing under
S.154, Cr.P.C. or otherwise act under S.155, Cr.P.C. If the informant gave false
information, there was provision under S.182. P.P.C. to come into force.

3. SECTION 250 CR.P.C

Section 250, Cr.P.C. empowered the Magistrate to award compensation to

accused for false, frivolous or vexatious complaint against some. This could be
exercised after show-cause notice. It is held by the Honourable Supreme Court
in case reported as 2018 SCMR 791 that Section 250, Cr.P.C. thus could only be
invoked when a case had been proved to be false on evidence. Said
section could not be invoked in consideration of the fact that intention to
lodge the criminal case was to ruin the reputation of the acquitted person.

The compensation amount may not be exceeds 25000/- PKR. If the offense
was triable by Magistrate third class, then the amount may not be exceed two
thousand rupees.

4. DEFAMATION UNDER SECTION 499/500 PPC

After acquittal, the acquitted person can initiate proceeding U/S 499 PPC. This
section defines defamation while section 500 PPC describes its punishment
which extend upto two years or fine or both.

5. CIVIL SUIT FOR DAMAGES ON BASIS OF DEFAMATION

The acquitted person can claim damages on basis of defamation. In this

regard reliance has been upon a case titled Umar Ahmad vs ADJ Burewala.
Facts of case are that Suit was filed on basis of FIR lodged against the
plaintiff at Police Station concerned which offence against the plaintiff was
also published in the newspapers. Plaintiff faced agony of trial and
ultimately earned acquittal from the court of Magistrate. Plaintiff after
about 16 months of his acquittal filed suit for compensation on the basis of
defamation. Although the case was dismissed being a time barred but it
can be used as a precedent. It is necessary to be noted that Sections 23
and 24 of Limitation Act, 1908 had provided limitation for filing of a suit for
compensation on the basis of malicious prosecution as one year and the
limitation would start when the plaintiff was acquitted or the prosecution
otherwise terminated---Under S.24 of Limitation Act, 1908 the limitation to
file suit for compensation for libel would start from the publication of
defamatory material.

Law has been made to protect the rights of citizens, not to disturb their
rights. Law also gives remedies against the false litigations.

Now a days in our society, mostly cases have been filed with ill intention
and just to blackmail someone and unfortunately nobody is availing the
remedies available against it.

I am 100 per cent sure that if people knew these remedies and tried to avail
it according to the law, there will be no more false and frivolous litigations.
In addition, it will also reduce corruption especially in police.