What to Do if A Criminal Complaint is Filed Against You

The lack of awareness around the exact procedure of criminal trials had led to a majority of people feeling apprehensive about getting involved in a criminal matter. Contrary to popular belief, there are various kinds of steps a person can take if a false criminal complaint is filed against him. Indian criminal law is based on the principle of, ‘innocent until proven guilty’. Moreover, the burden of proof expected from the prosecution is considerably high as the Court convicts a person only if it is satisfied of his or her guilt ‘beyond any reasonable doubt’. There are also several defences available to an innocent person that may be availed. With this blog, we seek to lay out the entire procedure, the steps and the remedies you can take in order to protect yourself from a false criminal complaint.

What is a Criminal Complaint?

The Indian penal system allows two mechanisms for reporting a crime. The first is the commonly known method of filing a First Information Report (F.I.R) with the nearest police station. However, another less known mechanism is to file a criminal complaint under Section 200 of the Cr.P.C with the Magistrate under whose jurisdiction the alleged crime was committed. The former type of case is known as police cases and the latter type are called complaint cases.

Types of Offences

There are several ways in which the offences under the Indian Penal Code, 1860 may be classified. However, two of the most common of such ways are:

• Cognizable and Non-Cognizable Offences

Cognizable offences are those offences in which the police officer can arrest without warrant. On the other hand, non-cognizable offences are offences wherein the police officers cannot arrest without a warrant from the court authorising them to do so.

• Bailable and Non-Bailable Offences

As the name suggests, bailable offences are those in which the accused is entitled to bail as a matter of right. However, a popular misconception among people that non-bailable offences are those in which bail cannot be granted under any circumstances. However, that is not true. Bail may be granted even in non-bailable offences however, that is up to the discretion of the Court.

While granting bail, the Court has the power to impose certain conditions, for example, depositing bail amount, restrictions of leaving the city, surety to appear before Court when called for etc.

The procedure of Investigation After FIR is Filed

After the filing of FIR, the following procedure is followed by the police:

Investigation- The police begin its investigation under Section 156 of Cr.P.C in cognizable cases even without an order of Magistrate.  The Officer-in-Charge (OIC) has widespread powers to collect evidence, take statements of accused, of witnesses, or any other people that he or she thinks might have relevant information regarding the alleged crime.

If on such investigation, the police officer is of the opinion that no sufficient cause exists to carry the case forward, the OIC can file a closure report under Section 169 of the Cr. P.C.

However, if upon completion of such investigation the police officer is satisfied with the commission of a crime, he is required to make a police report under Section 173 of the Cr. P.C. This report when submitted to the Magistrate, Magistrate takes cognizance of the matter.

Procedure in Police Cases When Trial Commences Before a Magistrate

After the OIC makes his report under Section 173 and forwards the case to the Magistrate, the Magistrate can initiate an inquiry for further information and assistance in the framing of charges. After the inquiry, the prosecution and the defense argue on charges, and the charges are framed by the Magistrate in the trial court.

Thereafter, the prosecution begins to bring forth evidence on the guilt of the accused on the charges so framed. The prosecution is entitled to examine its witnesses also in furtherance of the same. The defense is then given an opportunity to cross-examine the witnesses. The prosecutor can then re-examine its witnesses.

The defence can then present its evidence in support of its innocence and is allowed to examine its witnesses and the prosecution is given a chance to cross-examine them. If on the conclusion of the trial, the court is satisfied of the guilt of the accused, a hearing on quantum of sentence takes place, after which the sentence is pronounced. If the prosecution fails to discharge the guilt of the accused beyond reasonable doubt, the Court will acquit the accused.

Procedure in Complaint Cases

If the alleged victim has directly approached the Magistrate with his or her complaint, the stage of investigation by the police does not exist. The Magistrate before whom the complaint has been filed can directly proceed with examination of both the complainant as well as the accused. If prima facie crime has been made out, the Magistrate begins inquiry, frames charges and from thereon a similar procedure is followed as is applicable for trail of Police Cases.

Summons and Summary Trials

The above described procedure is applicable in warrant cases. However, two other types of trials include summons case and summary trial.
The Code of Criminal Procedure, 1973 defines a summons case as a case which is not a warrants case. That means the punishment for the offence does not involve the capital punishment, life imprisonment or imprisonment exceeding two years.

Summary trial is applicable only for those offences wherein the punishment prescribed is imprisonment of less than two years or fine of up to Rs. 2,000. Offences like receiving any stolen property or assisting in the hiding of stolen property, criminal trespass, criminal intimidation etc. are covered under this category of offences.

The procedure for summons and summary trial is less elaborate than what exists for police cases. There is no formal framing of charges in writing. Only the particulars of the offence are read out to the accused and the accused can either plead guilty or otherwise. The elaborate procedure of examination, cross-examination and re-examination does not exist for summons and summary trials.

Steps to Take Upon Being Intimated of the Complaint

The first step that any person against whom an FIR has been filed should take is approach the concerned High Court to quash the FIR under its inherent jurisdiction under section 482 of the Code of Criminal Procedure, 1973.

However, if the High Court refuses to quash the FIR, and the offence alleged is a non-bailable offence, the accused must file an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973. Usually, grave offences which have prescribed punishment of imprisonment for three years or more are cognizable and non-bailable offences. The provision allows an accused to apply to the High Court or the Court of Sessions to grant an anticipatory bail which shall prevent the Officer-in-charge of the investigation from arresting the accused. Moreover, even in case it so happens that an Officer-in-charge arrests such a person without warrant, the accused is then entitled to be released on bail. Section 438 of the Cr.P.C reads as under:

“When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.”

However, if the High Court rejects the application for anticipatory bail also, the aggrieved person may next approach the Supreme Court under Article 32 in a writ petition for grant of writ of certiorari for quashing the FIR.

Moreover, if it is proved that the said charges were made out of solely malicious intent, the person who made the false charges can also be impugned under Section 182 of the Indian Penal Code, 1860 which provides for punishment to give false information to public servant knowing or believing the said information to be false and with the intent to make the public servant use his lawful power to the injury of another person. The punishment for such wrongful accusation is a term of imprisonment which may extend to 6 months or a fine of Rs. 1000.

Steps to Take if the Investigation has Already Begun

Once the investigation has already begun, the accused can approach the concerned High Court either to quash the investigation proceedings by exercising its powers under Section 482 Cr.P.C., or by way of a writ of prohibition under Article 226 of the Constitution.

If after the completion of investigation and preparation of report by police under Section 173 of the Cr.P.C., the accused is not satisfied or believes that the contents of the report are not true, he or she may file a protest petition to raise objections against the report before the Magistrate.

Rights as an Accused

If the police arrest you in the course of investigation, it is bound to tell you the reason, and produce you before a magistrate within 24 hours of arrest. You are also entitled to legal representation of your choice, along with the right to inform a member of your family. If you are a woman, you cannot be arrested before sunrise and after sunset.

If the Magistrate is satisfied of prima facie case, the police may be allowed to detain you initially for a period of 15 days, post which the police shall have to obtain authorisation from the Magistrate to extend your police custody. However, as per Section 167 the maximum period for which a person may be detained under police custody is 90 days, post which he or she must be released on bail on furnishing the bail amount. Therefore, if the same is not done, you may approach the Magistrate for securing your rights as an accused.

General Exception under IPC

Even in cases where you actually committed the act, the Indian Penal Code provides for certain exceptions which justify such actions and hence no criminal liability is imposed. If one of these general exceptions applies to you, you must definitely bring the same to the notice of the court. These include:

• If you were suffering from a bout of insanity during the commission of alleged offence- if a medical practitioner can satisfy that you are an insane person
• If you acted in self-defence- if the other person has attacked and you, in order to protect yourself hurt him, you may claim this defence provided the force used by you was proportional to what was required to stop the attack.
• If the act is so small and trifling as not to be worthy of the Court’s time, for example crimes like taking a pen from your friend without his permission would not amount to theft.
• Lack of mens rea- Any criminal action requires two components- actus reus and mens rea. If you can prove that you had no criminal, malicious intent, you may be acquitted. However, this defence cannot be used for those rare criminal offences which do not require intention, for example possession of drugs and narcotic substances etc.
• Judicial Acts- If your act was done while lawfully discharging public functions, criminal law actions cannot succeed against you. For example, if you are a police officer chasing a criminal and in order to stop him from escaping, you shoot him, the person cannot bring charges of grievous hurt or attempt to murder against you.

RCIC’s Experience in Handling Criminal Matters

Ricky Chopra International Counsels (RCIC) is one of the best firms for criminal litigation in India. Our team consists of passionate and committed lawyers, who are experts in their field and have experience of defending our clients in a variety of crimes and before several courts, tribunals and commissions. We have also assisted our clients with the nitty-gritties of white-collar crimes, anticipatory bail, compounding of offences etc. The continued faith of our clients in our abilities allows us to serve them with utmost sincerity and dedication.

Conclusion

It is therefore to be understood that there is no reason to panic if false criminal charges have been field against you. The penal law is replete with provisions which not allow you to defend yourself in such cases, but also to indict such person if it is established that the charges were wholly false and vindictive. The law protects those who are innocent and come to the court with clean hands. Therefore, it is important to make ourselves aware of the requisite procedure and take professional legal assistance.