Introduction to False Complaints under BNS
Criminal law is a strong foundation for any community because it has both victim protection and offender punishment, and provides fairness for the delivery of justice, and assurance that people can live free from concern that offenders will not be punished. If there were no criminal laws, then the victims would have no protection, and the offenders would commit their crimes with no fear of being prosecuted. The laws and systems created to enforce them provide order and stability so that people may know that justice will prevail. But while the criminal law is designed to protect, it can also be abused when people file false complaints under BNS.
False complaints (a growing issue in India) undermine the purpose of criminal law; they waste the time of courts, police and judges instead of helping victims; they harm innocent people who may be falsely charged for crimes they didn’t commit. When someone is wrongfully accused of theft or harassment, no matter how much proof shows them as innocent, it can leave an irreparable mark on their reputation. False use of the law produces fear and distrust and causes people to question whether or not the justice system is really fair.
The effects of false complaints continue beyond this point. False complaints will also impact the delivery of justice, since the courts and police have to take time to investigate each case that is presented to them, even though many of those cases aren’t based in reality. This delays justice for real victims who are waiting for their cases to be heard. False complaints also damage the reputation of innocent people, leaving them with stigma and social shame. Families may suffer, careers may be ruined, and communities may lose faith in the accused even after release. Over time, repeated abuse erodes public confidence in the legal system itself.
Public trust is the backbone of any justice system. When people believe that the law can be easily abused, they lose confidence in its ability to protect them. A lack of credibility of the judiciary and police deters reporting of crimes that require investigations. Baseless complaints are therefore harmful not only to the complainant but also to society at large. A vicious circle emerges where actual victims refrain from expressing their fears for fear that others might not take their complaints seriously. India introduced the Bharatiya Nyaya Sanhita (BNS) code to overcome these problems and replaced the colonial-era Indian Penal Code with a new and revised criminal process code. One of the key features is accepting “false accusations as an important challenge.
To address these challenges, the Bharatiya Nyaya Sanhita has been introduced as a revised criminal law framework in place of the colonial-era Indian Penal Code. The BNS aims at revising the criminal law and aligning procedures for the fast delivery of justice. Its salient features are, among others, treating complaints of false cases as serious crimes. The Bharatiya Nyaya Sanhita introduces clear guidelines to resolve spurious complaints under the BNS and ensure accountability. In doing so, it strengthens the balance between protecting genuine victims and preventing misuse of the criminal law in India.
This article will discuss false claims and criminal liability under the BNS in more detail.
It will begin by defining the concept of false complaints and how they differ from actual but unproven cases. It will then proceed to discuss how false complaints have been treated under the Indian Penal Code and how the BNS is an improvement over this system. The essay will also look at the criminal responsibility of false complainants under the BNS. Finally, it will look at the effect of false complaints on the justice system and the need for them to be prosecuted.
Meaning and Concept of False Complaints
What Is a False Complaint?
A false complaint can be understood as a deliberate act of giving wrong or misleading information to authorities. The important aspect in this case is intention, which is referred to as mens rea. This implies that one deliberately wanted to mislead or harm. A person who sincerely files a claim but is unable to support it in court is not regarded as making a false claim because, in this case, no intention to deceive is involved. A person who mistakenly reports without intending to harm is also not regarded as making a false complaint. False complaints are different because they are deliberate attempts to misuse the law and create false criminal allegations. The significance of false complaints can be understood by comparing them with true complaints that are unsuccessful because of a lack of evidence. For instance, if a victim files a complaint about a crime, but the police are unable to gather sufficient evidence to support the claim, the complaint is not considered to be false; it is merely an unproven complaint. However, if an individual makes up evidence or a crime that has not occurred, then it is considered to be a false complaint. This distinction is crucial because punishing honest mistakes would discourage victims from coming forward, which would weaken the justice system.False criminal allegations can have devastating effects on the accused. Imagine a person falsely accused of theft, harassment, or even serious crimes like assault. Even if they are later acquitted, the damage to their reputation may be permanent. Friends, family, and work associates can continue to raise doubts about their innocence, and society can treat them with suspicion. This is why false complaints are not only legal issues but also social and psychological issues. The Bharatiya Nyaya Sanhita has clearly defined false complaints so that only intentional abuse is punished, and victims are still protected.The issue of false complaints also brings out the relevance of intent in criminal law. Mens Rea (Guilt Mind) is what differentiates a false complaint from a false but honest complaint. Evidence of intent to commit a crime is necessary to classify a failed case as a false case. The lack of evidence of intent to commit a crime has been established by courts to protect good faith complainants who can provide no proof of criminal activity. On the other hand, mens rea provides a mechanism for bringing into accountability those individuals that have used the law for malice.
The concept of a false complaint relates to dishonesty and misuse; therefore, it is not based upon whether an individual case is successful or unsuccessful in court; rather, it is based on whether the individual complained against had the intent to mislead. False complaints under BNS are thus considered serious crimes because they affect people, are a waste of judicial resources, and reduce public confidence. The law is thus fair in its application while at the same time preventing abuse.
False Complaints before Bharatiya Nyaya Sanhita
Position under the Indian Penal Code (IPC)
Prior to the implementation of the Bharatiya Nyaya Sanhita, the IPC was the code that India followed. The IPC has been in practice since colonial days. The IPC did not have a direct approach to handle false complaints. The IPC handled false complaints indirectly through various provisions. For example, Section 182 IPC punished giving false information to a public servant, while Section 211 IPC punished false charges of offences. These provisions existed, but they were not strong enough to deter misuse of criminal law. The problem with IPC was that its approach was fragmented. False complaints were not recognised as a distinct offence with a clear definition. Rather, the government had to decide if a situation was considered “false information” or “false charge.” This caused problems in the enforcement of the law. False complaints were often taken lightly, and the punishment was not severe enough to prevent people from misusing the law. This led to people continuing to misuse the law by making false complaints in order to harass or benefit themselves. The other shortcoming of IPC was that it was of a colonial background. This means that the IPC was formulated during the 19th century and was based on the needs of that period. However, with the passage of time, society underwent changes, and new types of abuse arose, but the IPC did not keep pace with these developments. For example, the problem of filing false complaints about cyber crimes, sexual harassment, and domestic disputes was not addressed. This resulted in loopholes in the law, which left victims of false complaints without adequate protection. The failure to modernise the IPC made it less effective in addressing modern issues.
False accusations under the IPC would have been a contributing factor to the wrongful convictions of many individuals. The accused did not receive a ‘not guilty’ declaration until after they had spent considerable time in lengthy and often year-long court proceedings due to the accused’s innocence. Regardless of whether or not the accused received a ‘not guilty’ declaration, the shame of being accused remained. Many trials for actual victims were delayed or even halted completely due to an overwhelming number of frivolous complaints that clogged up the system and overwhelmed the police and courts. It can be concluded, therefore, that the unorganised portions of the IPC were inadequate to provide a solution to the increasing problem of frivolous complaints. A stronger, clearer framework was needed to restore balance in the justice system.
In conclusion, the IPC handled false complaints indirectly but did not create a clear and deterrent policy. The sections, such as 182 and 211, handled false information and charges, but these sections were not very effective. The lack of clarity in these sections made it difficult to enforce them, and the punishments were also not very effective. The Bharatiya Nyaya Sanhita was introduced to fill these gaps, modernise the law, and provide a structured approach to false complaints.
Recognition of False Complaints under Bharatiya Nyaya Sanhita (BNS)
Legal Framework Addressing False Complaints
The Bharatiya Nyaya Sanhita (BNS) was formulated with an objective to bring about a contemporary criminal law in India and to displace the British colonial era Indian Penal Code (IPC). A significant feature of the BNS is the fact that it recognises false complaints to be an important issue requiring a legal framework to address them. Unlike the IPC which indirectly dealt with the issues of false complaints, the BNS has defined the terms and processes for dealing with false complaints much clearer. It will therefore be less difficult for the Courts and Police to identify and take action against false complaints. The BNS will also help to reduce the abuse of criminal law in India.
The legislative aim behind the BNS is to prevent the abuse of Criminal Law whilst at the same time protect the victims of crime. The legislators were aware that false accusations could ruin a persons life; waste court time; and damage the publics perception of the justice system. On the other hand, the legislators also recognised that victims of crime should feel able to report crimes without fear of being prosecuted if their case is unsuccessful. A balance is struck by concentrating on the intentions of those making false complaints. Under this law, there is an obligation to prove that the complainant had the intention to deceive when he made his complaint. Therefore, only those who deliberately abuse the legal process are liable to be penalised for such abuses. Those who have been honest but made a mistake, or where the case against the accused has not been proven, do not come within the definition of false complaints.
An additional benefit of the BNS is that it has a structured way of approaching the offences of filing false complaints in contrast to the provisions of the IPC, which are spread out throughout the Act, all of the offenses relating to filing false complaints are contained within the single structure of the BNS. This makes the process of enforcement easier since the police and courts know what to do. It also makes deterrence effective since people will know that making false complaints under the Bharatiya Nyaya Sanhita system will be taken seriously. The Act thus protects the rights of the accused as well as the integrity of the justice system.
The provision regarding false complaints in BNS also reflects the changing social conditions in India. In recent years, there has been an increase in cases where the criminal law was misused for personal reasons, revenge, or harassment. False complaints regarding domestic disputes, workplace harassment, and cybercrime have also increased. By addressing these issues directly, BNS shows that the law is keeping up with the times. It shows that the administration of justice is not only about punishing the guilty but also about protecting the innocent
The Bharatiya Nyaya Sanhita is a much-needed addition that gives more concrete provisions to tackle the problem of false complaints in BNS. The new legislation is a more streamlined piece of legislation that gives a better deterrent effect while also keeping in mind the rights of the victims. The Bharatiya Nyaya Sanhita is a much-needed addition that fills the loopholes that exist in the IPC and gives a more concrete framework for justice to be served.
Criminal Liability for False Complaints under BNS
Offences Related to Giving False Information
Under the Bharatiya Nyaya Sanhita, the Act of providing false information to the authorities is considered a grave offence. This is because the Act of providing false information to the police or the courts has been deemed to not only be harmful to the accused but also to the judicial system as a whole. Providing false information can be in the form of manufacturing evidence, inventing a crime, or providing false information. In this case, the accused can be said to be criminally responsible for the offence. The key in this case is that the accused must have known that the information was false despite providing it The crime of false information under BNS encompasses a number of circumstances. For instance, where an individual makes a complaint about theft when, in fact, the theft has not taken place, it amounts to a false complaint. Where an individual makes up documents or witnesses to corroborate a false complaint, it amounts to fabricating evidence. All these are criminalised because they amount to making deliberate attempts to deceive the authorities. By incorporating these crimes, BNS enhances accountability and ensures that abuse of criminal law in India is minimised.
Another crucial aspect is that the false complaints consume precious resources. The police officers dedicate their time to investigating cases that are not genuine, and the courts dedicate years to hearing trials that should never have occurred. This causes a delay in the justice that the genuine victims are seeking. Through criminalising the false information and the fabrication of evidence, BNS makes a clear statement that the abuse of the system will not be tolerated.
The law also acknowledges the role of the ‘guilty mind,’ also referred to as the ‘mens rea,’ in the process of liability. A charge will not be considered false if the intention is not determined. This makes sure that a false but unprovable accusation is not regarded as false. However, the law also has the implication of making any person who intends to abuse the law a criminal. This is necessary because criminalising any person who files a complaint that is considered false will lead to over-criminalisation, but at the same time, the abuse of the law should be punished. False complaints in the BNS are therefore considered to be serious offences that require the element of intention and knowledge.
Thus, in the case of BNS, the offences related to giving false information are intentional concealment of the truth, fabrication of evidence, and an attempt to mislead. The law appears clear on the issue of intention and knowledge in this regard. Such criminalisation protects the interests of the innocent through BNS in India.
Punishment for Filing False Complaints under BNS
The Bharatiya Nyaya Sanhita provides punishments for false complaints according to the severity of the complaint: if minor harm is involved in it, then lighter punishment may be imposed in the form of a fine or short-term imprisonment. However, if the complaint causes wrongful arrest or long trials, the accused will receive stricter punishment. This flexible approach ensures fairness while still discouraging misuse of the law.
Imprisonment is one of the punishments for making false complaints under BNS. The term of imprisonment depends on the level of the offence and the damage caused. For instance, a false charge of a serious offence, such as murder or rape, may warrant a heavier punishment because of the damage caused to the accused. Contrarily, if there is a false charge of a petty offence, it may warrant a reduced sentence. By so doing, the penalty is measured based on the offence committed.
Fines constitute a second form of punishment within BNS. These can have both deterrent and punitive effects. The law serves to deter individuals from making casual or false accusations by imposing financial penalties upon them. Additionally, the imposition of economic penalties upon those who file false complaints provides compensation to the court system for wasting their time and resources due to the filing of false complaints. It is possible to use a combination of fines and prison sentences in order to increase the level of deterrence. Using this two-part method will create a more effective punishment.
The punishment for false complaints under BNS also depends on the impact on the justice system. In the case where the false charge results in unfairly prosecuting someone, delaying the delivery of justice for real victims of rape, or overloading the courts and the police, the sentence will be harsher. In regard to taking into account both individual and systemic baselines for harm, BNS makes sentences just and appropriate.
The laws and punishments for wrongful complaining against the BNS include jail and fines, which vary based on the severity of the case and the measure of injury caused. The above-mentioned measure is lenient and balances the enforcement of justice with the prevention of complaining in a wrongful manner.
False Complaints under BNS vs IPC : Comparative Analysis
How BNS Improves Legal Accountability
The Indian Penal Code (IPC) did not address issues with a false complaint directly until now.
Sections such as 182 and 211 of the IPC provided for punishment for giving a false report and making a false charge, but addressed only a part of this issue. Without a more inclusive clause, its practice became sporadic and its sentences insufficient on the ground that the desired deterrence could not be effected. Consequently, false complaints kept haunting the courts of law and damaged many an innocent person while wrongly utilising the precious time of the courts of law. The lack of clarity in IPC made it difficult for police and courts to act decisively against malicious complaints.
The Bharatiya Nyaya Sanhita (BNS) improves upon this framework by providing a structured and clear approach to false complaints. Unlike IPC, which was based on scattered provisions, BNS provides a consolidated approach towards offences concerning false complaints. This is easier to enforce because the authorities will know what to do. It also serves as a better deterrent because those who make false complaints under BNS will know that they will be taken seriously. The law is also made easier to enforce because of BNS.
Another improvement in BNS is its focus on intent. Since the law requires evidence of the intention to mislead in the complaint, this will ensure that innocent mistakes or complaints that are not proven will be protected. At the same time, it will also take a tough stand on misuse. This fine balance protects the real victims while discouraging malicious actors. In emphasising intent, BNS makes fairer and more effective law. This was not the case in IPC, where there were sometimes inconsistent treatments of false complaints.
BNS is also a better fit for modern realities than IPC. The IPC was formulated in the 19th century, and it did not take into account the issues of today, such as cyber crimes, harassment at work, and disputes within the household. False complaints in these areas often slipped through because the law was outdated. BNS, on the other hand, is more relevant in contemporary society. This is because BNS is aware of the fact that false accusations may be experienced in many different situations and has strict guidelines in place concerning this.
Thus, briefly concluding, Bharatiya Nyaya Sanhita helps increase legal accountability for false complaints by having a proper code regarding false complaints. Structured, organised, and modern, BNS provides much better deterrence than the scattered law regarding false complaints in the IPC. Moreover, BNS is much better organised and effective for today’s and tomorrow’s society. BNS, being much organised and advanced than its counterpart, IPC, is framed to address modern challenges. False complaints, in reality, take many forms, and BNS is well-equipped to address this issue.
The positive implications of Bharatiya Nyaya Sanhita have made it possible for there to be increased responsibility within the legal system by providing an identifiable framework for identifying false complaints. Because Bharatiya Nyaya Sanhita is based upon the intent of the accused, it is also more specific than IPC. The applicability of Bharatiya Nyaya Sanhita is current and relevant to our society today, which will help with the enforcement of the law, protect innocent citizens from prosecution and strengthen the citizens’ faith in their criminal justice system. For both students and professionals, this comparative study is helpful as it shows that Bharatiya Nyaya Sanhita has filled the voids created by IPC and provides a greater framework for fairness in our criminal justice system.
Impact of False Complaints on the Criminal Justice System
Legal, Social, and Psychological Impact
False complaints affect the criminal justice system significantly since they interrupt the administration of justice. From a legal point of view, these complaints result in the prosecution of the innocent, who are dragged through long trials. The justice system loses valuable time investigating a matter that is not genuine. This significantly affects the victim who is denied justice. This misuse of the system creates backlogs and slows down the entire process. As a result, the credibility of the justice system is weakened, and people begin to doubt whether it can truly protect them.
The social impact of false complaints is equally damaging. When a person is falsely accused, their reputation is damaged for a lifetime. Even after being acquitted, society will look at that person with an air of suspicion. The family will be embarrassed, one’s career will be ruined, or the community will lose faith in the accused. Being shamed or discredited can be even more agonising than the trial itself. False complaints, therefore, create long-lasting social scars that are difficult to heal.
The false complaints may cause severe trauma to the accused psychologically. The accusation of a crime can cause stress, anxiety, and depression when a person knows that he/she is being wrongly accused of a particular crime. An innocent person can lose confidence in himself and feel as if he is isolated from society. The fear of being judged or rejected can influence his mental health for years. In some instances, the psychological effects can be worse than the legal punishment because they can continue even after the person has been acquitted. This indicates that false charges are not only legal concerns but also human issues that have severe effects.
Systemically, false complaints burden the criminal justice system by increasing the workload of courts and police. The judiciary will be required to dedicate resources to presiding over cases that are matters of mockery, while police will have to investigate trivial allegations against people who have committed no crime at all. Such matters will eventually cause the system to be overstretched, leading to neglect of actual cases. All this will lead to diminishing trust between victims and the law. False complaints, therefore, are harmful not only to individuals but also to the efficiency of the justice system.
In conclusion, the effects of false complaints on the criminal justice system are far-reaching. Legally, they cause wrongful prosecutions and delays. Socially, they create stigma and damage reputations. Psychologically, they cause trauma and isolation. On a systemic level, they clog the justice systems in courts and police forces, causing a delay in justice for those who are genuinely wronged. By being aware of the consequences, the Bharatiya Nyaya Sanhita ensures that accountability is better, and the wrong of making a false complaint under BNS is taken as a serious offence.
Balancing Genuine Complaints and Misuse of Law
Safeguards against Over-Criminalisation
While punishment for false complaints is needed, equal care must be taken to ensure that the real victim is not dissuaded from approaching the law. The reason people do not report most crimes is the fear that the police might view their complaint as false, especially when the evidence is weak. If the law becomes rigid with no safeguards, the victim may suffer in silence rather than invite punishment. This will defeat the very purpose of criminal law, which has been devised to protect victims and give them justice. Safeguards against over-criminalisation will thus always be necessary to retain fairness.
One safeguard is a stringent police investigation before pressing charges. The authorities have to check facts, gather evidence, and ensure the complaint is genuine. In this manner, only the malicious complaints will fall by the wayside, while the honest complainants will be protected. Another important aspect of judicial scrutiny is that the judges have to examine whether the complaint was made in good faith or with malicious intent.
By employing these checks, the system can sift the genuine victims from those misusing the law. This will strike a balance whereby accountability is maintained without discouraging access to justice.
Another safeguard is the emphasis on intent in the Bharatiya Nyaya Sanhita. The law requires proof that the complaint was filed with the intention to mislead. This serves to protect those who act in good faith but are unable to provide sufficient evidence for their claims. For example, a victim of harassment may file a complaint but fail to provide sufficient evidence. In the case of BNS, this would not be deemed a false complaint unless it could be proved that the intention was to mislead.
Preventing misuse also takes into consideration the rights of the alleged perpetrators in order to ensure justice for the victims. False allegations may lead to abuse of the system, but factual allegations cannot go unchecked. It, therefore, ensures equality for everyone in the justice system. The police and justice system must address every issue without bias and ensure a full investigation. It will help prevent abuse while encouraging victims to report abuse
Thus, it can be seen that striking the right chord between the misuse of law and valid complaints is further protected by factors like proper scrutiny of complaints, examination of complaints in courts of law, and the element of intention. This way, justice is served for the aggrieved parties without letting harsh criminal liability for frivolous complaints dissuade valid victims in the context. In this way, the Bharatiya Nyaya Sanhita maintains a proper balance regarding criminal liability for frivolous complaints without frightening away valid aggrieved parties from seeking justice within the justice systems of the Bhar.
Importance of Penalising False Complaints under BNS
Why Criminal Liability Is Necessary
Penalising false complaints under the Bharatiya Nyaya Sanhita is necessary because it acts as a strong deterrent against the misuse of criminal law. When people know that filing a false complaint can lead to punishment, they are less likely to misuse the system. This deters frivolous and malicious cases, ensuring the justice system stays focused on actual victims. Without punishment, the abuses perpetrate their damage upon society and waste resources, besides destroying reputations. Criminal liability thus plays an important role in ensuring fairness and accountability.
False complaints can ruin the lives of innocent individuals. An accused who turns out to be falsely charged can still end up behind bars and then in court, and can suffer public ridicule even if he or she is later acquitted. This can result in communities being scandalised and careers being ruined for the falsely accused. Our proposed law will therefore serve to penalise falsely made accusations. This protection is essential because justice is not only about punishing offenders but also about safeguarding the rights of those who are wrongly accused. Criminal liability for false complaints ensures that innocent people are shielded from unnecessary harm.
Another reason why penalising false complaints is necessary is to enhance the credibility of the criminal justice system. Public trust is the backbone of any justice system. The moment a person in the country believes that the law has the potential to be abused easily, they will no longer trust the law in the capacity of a protector of its citizens. This will result in a situation where the citizens will not come forward to report a crime, nor assist in the investigation of a case. The law that punishes the misuse of the law by penalising the misuse of the law will improve the credibility of trust in the law, as proposed by the Bharatiya Nyaya Sanhita.
Penalising false complaints also helps improve efficiency in the justice system. Courts and police are often burdened with frivolous cases that waste time and resources. The access to the law helps save resources for genuine cases through the fear of false accusations. This hampers the delay of justice and facilitates justice for the real victims. This is because organisation in the justice system helps eliminate delays and frustration for the victims.
It is, therefore, criminal liability for false complaints that promotes efficiency in the justice system.
In conclusion, the purpose of penalising offenders for making false complaints through the Bharatiya Nyaya Sanshita is to prevent abuse, protect the innocent, increase credibility, and simplify the process. The BNS considers making false complaints as serious offences by providing tougher guidelines and penalties. This will increase accountability, regain the trust of the people, and make the justice system more just and efficient.
Conclusion: False Complaints under BNS
The Bharatiya Nyaya Sanhita has introduced a stronger and clearer framework to deal with false complaints. Unlike the Indian Penal Code, which had scattered provisions, BNS directly recognises false complaints as a serious issue. Through the consolidation of offences and the focus on intent, it ensures that only those who misuse the system intentionally are punished. This will help to safeguard real victims while at the same time preventing malicious individuals. False reporting of offences under BNS will now be punishable by criminal law.
False complaints affect the justice delivery system, reputations, and public confidence in the justice system. False charges consume judicial resources and delay justice for genuine victims. BNS, through penalties for false charges, ensures that the justice system is not diverted by false cases. This shields innocent people from being harassed and prosecuted. It also enhances efficiency within the justice system by eliminating frivolous cases. The criminal liability for false complaints, therefore, has an important role to play in ensuring that the justice system is fair and credible
The role of equal enforcement cannot be emphasised enough. Although punishing false accusations is required, there have to be mechanisms to safeguard real victims. The application of the law requires careful consideration. Judges and the police should make sure that the complaints are genuine before charging people with an offence. This is a way of avoiding over-criminalisation and ensuring that victims do not feel discouraged from seeking justice. Fair application of the law is the answer to making BNS an effective and reliable law.
Caution is also necessary in the application of the law on false complaints. The courts must be able to distinguish between malicious and honest but unproven complaints. Otherwise, victims will fear punishment if their complaint fails. BNS focuses on the intent of the accused. Otherwise, victims will fear punishment if their complaint fails. Judicial caution is therefore important in protecting victims and the accused.
In conclusion, the Bharatiya Nyaya Sanhita makes the accountability for the false complaints stricter by providing better provisions and punishments. The false complaint in BNS invites criminal liability to avoid the abuse of the law. This will save the innocent people, and the efficiency of the justice system will increase. On the other hand, the proper enforcement and judicial prudence will ensure that the victims are not deterred. The BNS, therefore, provides a robust criminal law system for India.
FAQs on False Complaints under BNS
What is a false complaint under BNS?
A false complaint under the Bharatiya Nyaya Sanhita means intentionally giving wrong or misleading information to authorities. The key factor is intention; the person must have knowingly tried to mislead or cause harm. If someone files a case honestly but cannot prove it later, that is not considered false. Similarly, if a person makes a mistake without bad intentions, it is not treated as a false complaint. False complaints under BNS are deliberate acts of misuse, designed to create false criminal allegations.
Are false complaints punishable under the Bharatiya Nyaya Sanhita?
Yes, false complaints are punishable under BNS because they harm individuals and waste judicial resources. The punishment that will be served by the law may vary from imprisonment to fines, depending on the severity of the charge. If the complaint caused severe damage to the accused, then the punishment will be severe. However, if the damage is not so serious, then the punishment will also not be so severe. Criminal liability for false complaints under BNS, therefore, plays a crucial role in maintaining accountability.
How does BNS prevent misuse of criminal law?
The Bharatiya Nyaya Sanhita prevents misuse of criminal law by introducing clearer provisions and requiring proof of intent. The emphasis of the law is placed on “mens rea,” which is guilty mind, meaning that the complaint has to be filed with the intention of misleading. This ensures that errors, as well as unproven cases, are not punished in law. But at the same time, it ensures that persons guilty of misusing the law are punished as well. BNS lays emphasis on the importance of “intent” and does “offence combination,” making it easier to avoid the misuse of criminal law in India.
Can a case that fails be considered a false complaint?
No, a failed case cannot be considered a false complaint automatically. If a case fails because there is no evidence, then it is not a false complaint. The main difference between the two is the intention. In a false complaint, there must be evidence that the individual had the intention of misleading the authorities. Otherwise, a failed case is simply an unproven case, not a false case. This is significant because it prevents innocent victims from being penalised for trying to do the right thing but failing to prove it.
About Author
Sakshi Vishwakarma is a first-year BA LL.B. student at NMIMS Navi Mumbai with research interests in criminal law, civil law, cyber law, and AI governance. She has presented research at international conferences and has published academic work, combining legal analysis with creative problem-solving.