What should I do if a false FIR is filed against me?

If a false FIR has been filed against you, Indian law provides several remedies to protect your rights and seek relief. Acting promptly and with proper legal guidance is important to prevent unnecessary arrest or harassment.

Key points

• You can approach the High Court to get the FIR quashed if it is frivolous, malicious, or discloses no offence.
• You may apply for anticipatory bail from the Sessions Court or High Court to avoid arrest while the matter is under investigation.
• If the police refuse to act fairly, you can file a complaint before the Superintendent of Police (SP) or the Senior Superintendent of Police (SSP) in Lucknow.
• The person who knowingly filed a false complaint can themselves face criminal liability for giving false information to a public servant.
• You have the right to legal representation at every stage of the proceedings.

Relevant law

The registration and investigation of FIRs is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the CrPC. Quashing of an FIR can be sought under Section 528 of the BNSS, 2023 (equivalent to the former Section 482 CrPC) before the High Court. Anticipatory bail is provided under Section 484 of the BNSS, 2023. Filing a false complaint with intent to cause harm is an offence under Section 248 of the Bharatiya Nyaya Sanhita (BNS), 2023.

What you can do

• Consult a criminal lawyer in Lucknow immediately to assess whether to file a quashing petition before the Allahabad High Court or to apply for anticipatory bail at the Lucknow Sessions Court.
• Gather and preserve all evidence — messages, documents, witnesses — that supports your innocence and demonstrates the complaint is false.
• Lodge a written complaint about police misconduct or inaction with the Uttar Pradesh Police Complaints Authority or the SSP Lucknow if needed.
• You may also file a counter-complaint against the complainant under the BNS, 2023 for making a false report, with the help of your lawyer.