The girl who slipped from scooty, accused innocent boy, of what to do if false FIR is registered?

Posted on 22nd Jun 2022 by rohit kumar

A video is becoming quite viral on social media. In which a person is driving a scooty and a woman is sitting behind. Both of them suddenly fall on the road. After falling, the woman stands up and tells the bike rider coming from behind, is not visible. The bike rider says ma'am, our car has not hit your scooty. The lady says will we fall without colliding? Does the biker say we should show you the video?

 

use body camera

 

In the viral video, the boy behind had installed a body camera. So he put the whole incident in front of the people and he did not face any problems. You are also court, court, police, and police station. To avoid all this, you can walk with a body camera or a camera on the helmet. By which you can prove yourself innocent because of the incidents on the road.

 

Now suppose the accident has not happened and if a false FIR is registered against you then….

 

You have only one solution. The alleged FIR has to be quashed by the High Court. You can file a petition in the High Court under Section 482 of CrPC to quash the FIR to get rid of the case.

 

You can file a defamation case against the person who had made a false FIR against you.

 

When the High Court judgment comes in your favor i.e. you are proved innocent, then you can file a defamation case against the person (who had filed a false FIR against you) if you want. In this, you can take compensation (CrPC 250), or you can also get him punished.

 

If you do not want to file a defamation case, then IPC section 211 can be used.

 

You can file a case against that person under section 211 of IPC. After which he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Action can also be taken against the police officer

 

Action can be taken against any police officer who has registered a false FIR against you under section 182 of IPC. He shall be punished with imprisonment of either description for a term which may extend to six years, or with a fine which may extend to one thousand. Or it could be both.

 

These sections of IPC apply in case of an accident

 

Section 337 of IPC - It is applicable in a case whereby negligent driving or simple hurt is caused to any person. like-

 

A vehicle is crossing the road or overtaking another's vehicle.

 

While overtaking, another person's car falls. He gets a simple injury when he falls.

 

If a person gets a scratch or a minor wound somewhere, it is considered a simple injury.

 

In such a situation, the police take action under section 337. Which can also be jailed for up to 6 months.

 

Section 338 of IPC - It is applicable in a case where the life of any person is endangered or grievous hurt is caused by negligent driving. like-

 

someone breaks arms and legs

 

Someone breaks a finger.

 

A big deep wound occurs.

 

In such a situation, the police take action under section 338 and the accused can be jailed for up to 2 years and fine. Remember- When a person does not die in an accident but causes serious injury. In that case, this section applies.

 

Also Read: Delhi: Traffic is closed on many roads of the capital, police advice - avoid going on these roads