Being falsely accused of a crime in Chandigarh can be a distressing and life-altering experience. False allegations can lead to unnecessary legal battles, damage to reputation, and emotional stress. If you or someone you know has been wrongfully accused, it is crucial to take immediate steps to protect your rights. In India, several laws, including the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and the Constitution of India, provide legal remedies for individuals facing false accusations.

This article provides an in-depth guide on the legal steps to take if you are falsely accused of a crime in Chandigarh. It covers the relevant legal provisions, defense strategies, role of Tricity lawyers, and how Punjab and Haryana High Court advocates can assist in wrongful accusation cases.

Understanding False Accusations in India

False accusations refer to wrongful criminal allegations made against an individual with malicious intent. These can include fabricated charges of theft, fraud, rape, domestic violence, corruption, or any other criminal offense.

Common Reasons for False Accusations:

  1. Personal Vendetta – Revenge by an individual due to past disputes.
  2. Business Rivalry – False charges filed to damage someone’s career or business.
  3. Family Disputes – Common in matrimonial cases, including false allegations of dowry harassment (Section 85 BNS).
  4. Political Motives – Used as a tool to defame an opponent.
  5. Misunderstanding or Mistaken Identity – Wrongful accusations due to confusion or mistaken identity.

Legal Provisions for Protection Against False Accusations

1. Bharatiya Nyaya Sanhita 2023 – Laws Protecting the Falsely Accused

  • Section 217 BNS – Filing a false complaint to mislead authorities is punishable with imprisonment of up to six months or a fine.
  • Section 248 BNS – If someone knowingly files a false criminal charge against an innocent person, they can be punished with up to 7 years of imprisonment and a fine.
  • Section 356 BNS (Defamation) – Protects individuals from false accusations that harm their reputation.
  • Section 351(1) BNS (Criminal Intimidation) – If false allegations are made with the intent to threaten someone, the accuser can be prosecuted.

2. Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 – Legal Remedies for the Falsely Accused

  • Section 528 BNSS – High Courts have the power to quash false FIRs to prevent abuse of the legal process.
  • Section 482 BNSS – Provision for anticipatory bail if an individual fears wrongful arrest.
  • Section 379 BNSS – Allows the falsely accused to take legal action against the complainant for perjury (lying under oath).

3. Constitutional Protections Against False Accusations

  • Article 20(3) of the Indian Constitution – Provides protection against self-incrimination.
  • Article 21 (Right to Life and Personal Liberty) – Ensures protection against wrongful arrests and unlawful detention.

What to Do If You Are Falsely Accused of a Crime?

Step 1: Stay Calm and Assess the Situation

It is natural to panic when facing false allegations, but remaining composed is crucial. Gather all relevant information related to the accusation and try to understand who has made the allegation, what the charge is, and why you are being targeted.

Step 2: Consult Criminal Lawyers in Chandigarh

Immediately contact experienced criminal advocates in Chandigarh who can guide you through the legal process. A well-versed lawyer will help you analyze the charges, collect evidence, and strategize a defense.

Step 3: Gather Evidence to Prove Your Innocence

To build a strong defense, you should:

  • Collect documentary evidence, such as emails, CCTV footage, call recordings, or any written communication proving your innocence.
  • Identify witnesses who can support your version of the story.
  • Maintain records of financial transactions if accused of fraud or financial crimes.

Step 4: File a Counter FIR (First Information Report)

If you are falsely accused, you have the right to file a counter FIR under BNS Sections 217, 248, or 356 for false complaints and defamation.

Step 5: Apply for Anticipatory Bail (If Needed)

If the accusation is non-bailable (e.g., rape under Section 64 BNS or dowry harassment under Section 85 BNS), applying for anticipatory bail under Section 482 BNSS can help you avoid arrest. Punjab and Haryana High Court advocates can assist in securing bail quickly.

Step 6: Petition the High Court for Quashing of False FIR

Under Section 528 BNS, High Courts have the authority to quash a false FIR if it is malicious and lacks substance. Experienced Punjab and Haryana HC lawyers can file a petition on your behalf.

Step 7: File a Defamation or Malicious Prosecution Case

If false allegations have damaged your reputation, you can take legal action against the accuser under:

  • Section 356 BNS (Defamation) – Seek compensation for harm to your reputation.
  • Section 248 BNS – Criminal action against the accuser for false charges.
  • Civil Defamation Suit – Claim monetary compensation for damages.

The Role of Tricity Lawyers and Criminal Advocates in Chandigarh

When facing false accusations, hiring the best Tricity lawyers is essential to safeguard your rights. Their role includes:

  • Legal Representation – Defending clients in lower courts, the Punjab and Haryana High Court, or the Supreme Court.
  • Bail Proceedings – Ensuring timely anticipatory or regular bail.
  • FIR Quashing Petitions – Filing petitions under Section 528 BNSS to quash false complaints.
  • Defamation and Malicious Prosecution Cases – Initiating legal action against false accusers.
  • Trial Defense Strategies – Presenting strong evidence to ensure acquittal.

False accusations can lead to severe legal and social consequences. If you or someone you know is wrongfully accused of a crime in Chandigarh, take immediate legal action and seek assistance from criminal advocates in Chandigarh or Punjab and Haryana HC lawyers to protect your rights. Knowing the law and acting promptly is crucial in safeguarding your freedom and reputation

FAQs on What to Do If You Are Falsely Accused of a Crime in Chandigarh

1. What should I do if I am falsely accused of a non-bailable offense in Chandigarh?

If you are falsely accused of a non-bailable offense, it is important to take immediate legal action to protect your rights.

Step 1: Consult an Experienced Criminal Advocate in Chandigarh

  • Seek legal representation from a criminal lawyer who has experience in handling false accusation cases.
  • A legal expert can help analyze the charges, gather evidence, and prepare a defense strategy.

Step 2: Apply for Anticipatory Bail Under Section 482 BNSS

  • If the alleged offense is non-bailable (such as rape under Section 64 BNS or dowry harassment under Section 85 BNS), applying for anticipatory bail under Section 482 BNSS can help prevent arrest.
  • A legal professional can assist in filing the necessary petition before the court.

Step 3: Gather Evidence to Prove Your Innocence

  • Collect supporting documents, CCTV footage, call records, and any other evidence that can establish your defense.
  • Identify witnesses who can confirm your version of events.

Step 4: Petition the Punjab and Haryana High Court for FIR Quashing

  • If the FIR is based on false allegations, an application for quashing of the FIR under Section 528 BNSS can be filed before the Punjab and Haryana High Court.

2. Can a false FIR be quashed in the Punjab and Haryana High Court?

Yes, a false FIR can be quashed in the Punjab and Haryana High Court under Section 528 BNSS, if the FIR:

  • Lacks substantial evidence.
  • Has been filed with malicious intent to harass or defame the accused.
  • Violates the accused’s fundamental rights under Article 21 of the Indian Constitution.

How to File an FIR Quashing Petition?

  • A legal professional can assess the case details and determine whether an application for FIR quashing is feasible.
  • If the High Court finds the allegations baseless, it has the authority to quash the FIR under Section 528 BNSS.

If an FIR is quashed, the falsely accused individual may also have the right to initiate legal proceedings for defamation under Section 356 BNS.

3. How can I file a defamation case against my false accuser?

If a false accusation has damaged your reputation, legal action may be taken through:

Criminal Defamation Case (Section 356 BNS)

  • If false allegations have harmed an individual’s reputation, a criminal defamation case may be filed under Section 356 BNS.
  • A conviction under this provision may lead to imprisonment and fines for the false accuser.

Civil Defamation Suit

  • If reputational harm has resulted in financial losses, a civil lawsuit may be initiated to seek monetary compensation.

Filing an FIR for False Allegations (Section 217 & 248 BNS)

  • If a false complaint was filed with the intent to mislead authorities, the falsely accused individual may file a counter FIR under Section 217 & 248 BNS.

4. What legal action can be taken against a person who files a false case?

If an individual files a false criminal case, they may be prosecuted under the following provisions:

Section 217 BNS – Providing false information to mislead authorities is a punishable offense.

Section 248 BNS – Filing knowingly false criminal charges may result in up to 7 years of imprisonment and a fine.

Section 379 BNSS – If the false accuser provides false testimony in court, they may be prosecuted for perjury.

If an individual is facing false accusations, legal guidance may be sought to determine appropriate legal recourse.

5. How can Tricity advocates and High Court lawyers in Chandigarh assist in false accusation cases?

Legal professionals specializing in criminal defense and High Court litigation can assist individuals who are wrongfully accused in several ways:

  • Applying for Anticipatory Bail – If there is a risk of arrest, a petition for anticipatory bail under Section 482 BNSS may be filed.
  • Quashing False FIRs – If an FIR is malicious or lacks evidence, a quashing petition under Section 528 BNSS may be filed before the Punjab and Haryana High Court.
  • Court Representation – Legal professionals can present evidence and arguments before the court to establish the innocence of the accused.
  • Filing a Defamation or Malicious Prosecution Case – If false allegations have caused reputational harm, a defamation suit under Section 356 BNS may be pursued.
  • Filing a Counter-FIR Against the False Accuser – If someone has wrongfully implicated an individual, a counter-FIR under Section 217 & 248 BNS may be initiated.