what to do once a false complaint against me has been closed(without an FIR) due to lack of evidence?
3 Answers
Dear Client,
First, obtain a copy of the Police Enquiry Closure Report / Final Report from the investigating station. This document shows that the police did not find sufficient material to proceed, and can be used as evidence in your favour. To hold the complainant accountable, file a criminal complaint before a Judicial Magistrate under Section 248 BNS for making a false charge, or request police action under Section 217 BNS. If the false allegations were shared with your employer, family, or online, file a criminal defamation case under Section 356 BNS. Finally, file a civil suit for malicious prosecution to seek monetary compensation for mental agony, loss of reputation, and legal costs incurred during the police enquiry. I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank you.
Dear Client,
Since the complaint against you was closed without an FIR being registered, the first step is to obtain a certified copy of the police record confirming this closure, typically the station diary or preliminary inquiry entry noting that the matter was closed for lack of evidence, which may require a formal application to the station or an RTI request if not provided directly. It is useful to keep this document handy, in case the same accusation comes up again in the future. In addition to that, you could look into whether the behaviour of the complainant needs to be addressed in some form, for instance through filing an accusation under Section 217 of the Bharatiya Nyaya Sanhita, 2023, as having provided false information to a public official, although as there has been neither an FIR nor a prosecution in this case, it would be hard to make a case for malicious prosecution.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.
Dear Client,
Based on your legal query, I suggest that you visit the police station where the false case has been filed against you and then obtain a certified copy of the preliminary/Case Diary Report where it confirms and clearly mentions that the false case filed against you has been closed permanently due to lack of evidence.
Hope this answer helps!
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