Legal aid for taking legal action against a complainant for filing a false complaint that has been closed due to lack of evidence

Dear Client

Being accused in a complaint that was subsequently closed for lack of evidence does not automatically establish that the complainant deliberately filed a false complaint. A closure for insufficient evidence and a finding that the complaint was knowingly false are legally different. The possibility of taking action against the complainant therefore depends on the contents of the complaint, the investigation/closure report and whether there is evidence of deliberate fabrication or malicious conduct.

A person does not automatically receive a State-funded lawyer merely because they want to initiate proceedings against the complainant. Free legal services are available under the Legal Services Authorities Act, 1987 to persons satisfying the statutory eligibility criteria, including specified categories and applicable income criteria. NALSA confirms that legal aid can cover both civil and criminal matters and may include representation by an advocate.

Therefore, you may approach the District Legal Services Authority (DLSA), State Legal Services Authority (SLSA), or appropriate Legal Services Committee and apply for legal aid. The authority will assess your eligibility and whether or not there is really a case for prosecution or defence.

If you choose to take a stance on this case regarding the individual that filed the complaint against you, start off by getting the closure report, among other documentation, relating to the case. This way, your lawyer will determine whether there is anything legally wrong with the facts presented, such that you can file a case against the false complaint.

I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.