SC to Hear PIL for Display Boards Warning Against False FIRs Today

As per the cause list published on the website of the apex court, a bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice Vipul M. Pancholi will take up the matter for hearing.

The plea, filed by advocate Ashwini Kumar Upadhyay through advocate-on-record Ashwani Kumar Dubey, contended that such preventive measures are essential to secure the right to life, liberty and dignity of innocent citizens guaranteed under Article 21 of the Constitution.

According to the petition, the proposed display boards should be installed at all police stations, tehsil and district court premises, panchayat bhawans, municipal offices and educational institutions, clearly mentioning the provisions and punishment for false complaint, false charges, false statement, false information and false evidence.

The plea has further sought a direction to state authorities to inform complainants about the legal consequences of filing false complaints before registering an FIR or accepting any complaint.

"The authorities must inform the complainant about punishment for false complaints, false charges, false statements, false information and false evidence before accepting the complaint, in order to secure freedom of speech and expression of innocent citizens," the petition stated.

In addition, the petitioner has sought directions to obtain an undertaking or affidavit from complainants affirming that the averments made in the complaint, information, statement, evidence and charges are true and correct, with the objective of curbing frivolous litigation and malicious prosecution.

Relying on empirical data compiled from National Crime Records Bureau (NCRB) reports, the plea claimed that there is a stark disparity between cases registered and convictions under several special criminal laws, with acquittals running into disproportionately high numbers.

"This statistical pattern reveals a structural problem of false complaints, false charges and fabricated evidence clogging the criminal justice system," the petition submitted.

Referring to the Law Commission's 277th Report, the petition contended that false charges, wrongful prosecutions and fabricated evidence remain primary causes of miscarriage of justice and violation of Article 21.

The plea further submitted that despite the enactment of Chapter XIV of the Bharatiya Nyaya Sanhita, 2023, the absence of administrative or preventive mechanisms has rendered the provisions largely ineffective.

The petition claimed that unchecked misuse of criminal law creates a chilling effect on freedoms guaranteed under Article 19, including free speech, movement and the right to carry on trade and profession, as fear of malicious prosecution suppresses legitimate dissent and enterprise.

"False complaints and malicious prosecutions convert the criminal process itself into punishment, resulting in loss of liberty, social stigma, mental trauma and irreversible damage to reputation, even in cases ending in acquittal," the plea stated, adding that speedy trial and presumption of innocence become meaningless when false cases proliferate unchecked.

Stating that the judiciary is overburdened due to false complaints, false charges and fabricated evidence, the petitioner submitted that neither the Centre nor the states have taken effective steps to control the menace, necessitating judicial intervention by the Supreme Court.

- IANS