New Delhi: The Supreme Court is set to consider next week a public interest litigation (PIL) seeking measures to prevent the alleged misuse of criminal law through fabricated complaints and false cases, including allegations involving rape and offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The petition, filed by advocate Ashwini Kumar Upadhyay through advocate-on-record Ashwani Kumar Dubey, was mentioned before Chief Justice of India Surya Kant on September 24. The plea alleges that false criminal proceedings are sometimes initiated because of personal enmity, local disputes or other extraneous considerations, causing serious consequences for those implicated.
During an earlier hearing, Upadhyay had argued that civil and land disputes are frequently converted into criminal proceedings by invoking stringent penal provisions. He also referred to alleged instances of people being falsely implicated in serious offences and cited the case of former ISRO scientist Nambi Narayanan, who was exonerated after being implicated in an espionage case.
The petitioner has urged the Court to direct authorities to install prominent display boards at police stations, tehsil and district court premises, panchayat offices, municipal offices and educational institutions. These boards, according to the plea, should inform citizens about statutory provisions and punishments relating to false complaints, charges, statements, information and evidence.
The PIL also seeks directions requiring police and other authorities to inform complainants, before accepting complaints, about the legal consequences of making false or malicious allegations. It further proposes that complainants submit an undertaking or affidavit affirming the truthfulness of the contents of their complaints, statements and evidence.
The petition argues that such safeguards are necessary to protect constitutional rights, including the right to life and personal liberty under Article 21. It contends that malicious prosecution can result in loss of liberty, social stigma, mental trauma and damage to reputation even when proceedings ultimately end in acquittal.
The plea also refers to provisions under Chapter XIV of the Bharatiya Nyaya Sanhita, 2023, dealing with false information and evidence. According to the petitioner, however, the absence of an effective administrative and preventive framework has limited the practical deterrent effect of these provisions.
During the previous hearing, CJI Surya Kant had raised concerns about complaints allegedly being filed without the knowledge of the persons shown as complainants, including through the alleged use of forged signatures. The Chief Justice also referred to a matter in which a woman told the Court that a political leader named in her complaint was not involved.
The Court had earlier issued notice in the matter and directed that it be listed for further consideration after four weeks. The petitioner has invoked Articles 14 and 21, arguing that inconsistent safeguards against fabricated complaints can undermine equality before law and fair administration of justice.
The case, Ashwini Kumar Upadhyay v. Union of India & Anr., is listed before a Bench comprising CJI Surya Kant and Justices Joymalya Bagchi and Mohana.
