1. WHY FALSE CASES: DELAY IN JUSTICE IS DENYING JUSTICE. If it is true, then there is no justice in India and this is the main cause of false cases. Law has made many provisions to safeguards against false cases. Those provisions have become formality and used without any application of mind by authorities responsible to implement them. For example; any police case require minimum sanction from a Police Inspector, some times, it requires sanction from very high authorities also. It seems they give sanctions without application of any mind or verification of any contents and in many cases even without seeing the case; they put their sanction seal on it.
When a case goes to Court, Magistrate should have to apply their mind on them whether a prima-facie case has been made or not. If a case is made by a Government Department (most of the case are by Govt. Department). They proceed the case. If one crore cases are made by Govt. Departments, not even a single is found not fit to proceed. In the end of case – if the case is contested, (which takes many years) most of those cases are dismissed. The judiciary has yet to take notice on the failure of most of the cases and to fix responsibility for that. It has also not devise any method or procedure, so that cases which are not fit for punishment can be stopped at the very first stage or the earliest. Judiciary is also not taking any innovative steps to speedy justice.
Justice is very time consuming and costly - In most of the cases, especially in small offences punishable with fine, justice is more costly then “No justice”. In such cases normally a person take practical decision and pleads guilty in the court despite of his known that he has done no offence but to avoid costly justice.
No action on false cases creators – Though there are many laws relating with false cases and punishment for them. But in practical rarely any person punished in them. A person who fells in false case are become so tired and his confidence on rule of law so shaken that he rarely in position to take any action against any culprits.
2. How False Cases: Most of the false cases are made by Govt. or in connivance. Cases are started from junior levels. They are well aware of their senior’s shortcomings and mindsets of our subordinate judiciary. They very well aware that normally these false cases will take years and cause great harassment to accused before getting any relief. The relief to accuse normally comes after much more harassment etc. against the punishment for such offence. So, if he will win the case even practically, he will suffer more than punishment and there is very rare or no chance of any action against false case maker.
A person accused of an offence has right of defense. In some cases, this opportunity starts after ten to twenty years. In Normal cases, it takes two to three years. Normally it takes many years to present the witnesses in Court and many times they are not made presents at all and cases are dismissed.
It has become very easy for any law enforcing agency to make any baseless story or a story without any reasonable base and make a person accused and put him before Court because of above reasons. Bribe is one of the main reasons, one more reason is to show them honest, & another reason is to please their senior’s and political bosses. These are some reasons whole list is very long.
Interestingly there are many police cases where complainant, witness and enquiry officer is one and same man, which is bad in law but working even today.
The system of making false cases has become so strong that very senior political leaders and ex-prime ministers are also come into their grip. The Supreme Court has found no base in those cases. Most famous of them are Hawala Case and St. Kitts forgery case.
3. If you fell in false case: You have to make complaint to appropriate authority as soon as possible. There is no need for you to give any evidence in favour of your complaint. Collection of the evidence is the duty of investigating officer. For details, see if police do not register FIR.
There are three major law points by which you can come out of false case in shortest possible time.
i) If the complaint/case itself do not constitute any offence under law.
ii) If the case does not have reasonable evidence against you.
iii) If you can give any proof in Court, which clearly shows that without any reasonable doubt – you have committed no offence.
If it is not possible ask the Court to put Notice of Acquisition immediately and choose to contest the case. Remember after you have choose to contest the case, the case becomes time bound for prosecution to produce evidence against you. During prosecution evidence, you can cross-examine their witness ask for any document etc. which normally brings the truth before the Court and these can be used against prosecution itself also. After prosecution evidence, you are called for defense. You can produce any thing in your defense. You are himself witness for yourself under law and your witness contains equal weightage as any other witness.
Engage a good Advocate. Never engage any lawyer through touts. Never engage any Advocate suggested by any friendly showing court officer, many times, these court officers are found touts of advocates. Try to keep away from over smart advocates and any such advocates which shows or said about their relation with judges.
Don’t fail to take action against creators of false case. They can be booked under various provisions of law and can be punished for their deeds. You can also put an damages case against them. Remember, they are not the Owner’s of Law. They are just manipulators of some practical deficiencies of law. Same law can book them also.
4. Suggestions to curb false cases: Sanctioning authority of cases are to be made responsible for their sanction. If any sanction is found mechanical in nature or found to be given without applying mind, there should be an action against such authority. Junior person making such false cases should be punished strictly.
Magistrate before starting process of case should have reasonably apply their mind. If any case is made out or not. If they do not do so action against them is must.
Courts have to prohibit themselves for giving “Dates”. Heavy cost should be given to accused for any “Date” on lapse of prosecution.
Strict action against all person engaged in prosecution, if a case fails because of their lapse is required.
Judiciary has to become very efficient and use all reasonable and lawful methods to become efficient.
5. Authorities who can make provisions to curb false cases: The biggest authority is Parliament of India who can remove/make provisions of law to stop misuse of law.
The Supreme Court of India and High Courts have various powers to stop misuse of law and in interest of justice, they can make rulings/orders.
The subordinate judiciary can also participate it by looking the case on the very first stage and not after hearing full trial. They have many powers to punish false cases creators. They have to use those powers.