Supreme Court Issues Notice To Centre, States On PIL Seeking Measures To Curb False Cases

The Supreme Court on Thursday issued notice to the Union Government, States and Union Territories on a Public Interest Litigation seeking directions to curb false complaints, fabricated evidence and malicious prosecution.

A Bench comprising  Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pacholi was  hearing a petition filed by Advocate Ashwini Upadhyay.

The petition filed under Article 32 seeks directions to introduce administrative safeguards to prevent false complaints and protect the right to life, liberty and dignity of innocent citizens.

During the hearing, the Chief Justice observed that sensitising society about the rights of others was necessary to address the problem of false complaints.

"We will be accused of gagging... but why should we be afraid of gagging? Because people abuse and then disappear away. We need to create a very informed society with sensitising people and they should know fundamental right of their neighborhood also. Principle of fraternity needs to be cultivated," the CJI observed.

The Court also noted that false complaints were sometimes filed without the knowledge of the complainant.

"The problem is when false complaints are lodged... the de facto complainant does not even know that it is filed. It is done by fake signs etc and the poor fellow does not even know that he is being exploited by the rich and well off," the CJI said.

Appearing in person, Ashwini Kumar Upadhyay argued that fake cases were a major burden on the justice system.

"This court is not burdened because of genuine but fake cases. The trial courts also. Jhagda hota hai zameen ka but case lagta hai SC/ST ka. Imandar log darr darr ke reh rahe hai. The fabric of rural India is disturbed. Civil ka case criminal ban jata hai," he submitted.

He said that putting display boards in police stations and Courts about the punishment for filing false cases can be a good deterrent. He cited the example of Nambi Narayanan, and said that by the time a person is exonerated, years will pass by.

Reliefs Sought

The petitioner seeks directions to the Union and State governments to install display boards at police stations, court premises, panchayat offices, municipal offices and educational institutions specifying the provisions and punishments relating to false complaints and false evidence under the Bharatiya Nyaya Sanhita, 2023.

It also seeks directions that complainants be informed about the penal consequences of filing false complaints before an FIR is registered.

Another key prayer is for a mandatory undertaking or affidavit from complainants affirming that the allegations made in complaints, statements or evidence are true and correct so as to deter frivolous and malicious cases.

The petition also seeks a declaration that sentences imposed for false complaints, false charges and false evidence should run consecutively.

The petitioner contends that false complaints, false charges, false statements and fabricated evidence pose a serious threat to the rule of law and fundamental rights. Referring to Chapter XIV of the Bharatiya Nyaya Sanhita, 2023, the petitioner submits that though penal provisions exist to punish false cases, authorities have failed to create any administrative mechanism to prevent misuse of criminal law.

Relying on NCRB data, the petitioner argues that conviction rates under certain special criminal laws are comparatively low and claims that false complaints are a major reason for acquittals. The petition refers to laws such as Section 498A IPC, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Dowry Prohibition Act and the Protection of Children from Sexual Offences Act.

The plea argues that failure to prevent false cases violates Articles 14, 19 and 21 of the Constitution and undermines liberty, dignity and the right to speedy justice.

The petition also relies on the Law Commission's 277th Report on wrongful prosecution and the Supreme Court's judgment in S. Nambi Narayanan v. Siby Mathews recognising reputation as a component of the right to life.

According to the petitioner, administrative safeguards such as warnings and affidavits at the stage of filing complaints would help reduce malicious prosecutions and protect innocent persons.

Case : ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA AND ORS | W.P.(C) NO. 209/2026