Filing of a false FIR is an offence:
Section 211 of Indian Penal Code, 1860 provides that false accusation of offence is itself an offence for which there is a punishment of imprisonment upto seven years and fine. This is the provision:
False charge of offence made with intent to injure.—Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
and if such criminal proceeding be instituted on a false charge of an offence punishable with
death, imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
This is the reason that politicians file petitions in Supreme Court and High Courts alleging corruption but they do no file complaint with the police. Remember Rafale and the jibe of Rahul Gandhi? This why never filed a proper complaint with police. But Mumbai police is so great that it has found a way to file FIR without implicating itself. Read the English translation of FIR No. 843 of 2020 against India TV on the website of Republic TV here.
It starts with the narration that “Today on 6th October 2020 Assistant Police Inspector Mr. Kazi has informed me that on the basis of secret information“. Now the complainant has no information and Mr. Kazi who has information is not the complainant. Why? Obviously to escape the liability of section 211 quoted above.Continue reading