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  • What to Do If You’re Falsely Accused in a Criminal Case
criminal defense lawyer, Bail Lawyer and FIR Quashing Expert
  • June 7, 2025

If you’re searching for a criminal lawyer near you, chances are you or someone you care about is facing a criminal charge. Whether it’s a false FIR, a bailable/non-bailable offense, or a malicious complaint — criminal cases in India can damage your freedom, dignity, and reputation if not handled swiftly and professionally.

At CYOSYS Legal Solutions, our experienced criminal lawyers in Delhi NCR provide urgent legal support, anticipatory bail, FIR quashing, and trial defense strategies to protect the rights of the wrongly accused.

 

 

⚠️ Why You Need a Criminal Lawyer for you Immediately

Criminal law in India can be harsh. A wrong move—like giving a statement without legal advice or failing to apply for anticipatory bail—can lead to arrest, chargesheet, or even judicial custody.

 

A criminal lawyer near you can:

  • Protect you from arrest

  • File anticipatory bail

  • Challenge false FIRs

  • Gather defense evidence

  • Represent you at every stage of trial

  •  

 

🧭 Legal Steps to Take If You Are Falsely Accused by criminal lawyer

Stay Calm & Collect All Facts

Before reacting, gather:

  • Timeline of events

  • Names and roles of involved parties

  • Any threats, chats, or suspicious communication

  • Details of any witnesses

 

Consult a Criminal Lawyer Near You

Never talk to police, IO (Investigating Officer), or opposing parties without legal advice. Your criminal lawyer will:

  • Evaluate the complaint or FIR

  • Guide you on bail

  • Prevent self-incrimination

  • Draft immediate responses

  •  

📌 Note: Any wrong admission to police can be used against you in court.

 

 

Apply for Anticipatory Bail (If FIR Filed)

If a First Information Report (FIR) is filed, and the offense is non-bailable, your lawyer must file for Anticipatory Bail under Section 438 CrPC before arrest.

✅ Documents Needed:

  • Copy of FIR

  • Your ID proof

  • Supporting evidence of your innocence

  • Affidavit explaining reasons for bail

  •  

⚖️ Judgment Reference: Siddharam Satlingappa Mhetre v. State of Maharashtra [(2011) 1 SCC 694] – Guidelines laid down for granting anticipatory bail when accusations are motivated or false.

 

File a Counter Complaint (If Applicable)

If the accusation is:

  • Malicious

  • Meant to harass

  • Part of a personal vendetta (e.g., property dispute, relationship issues)

… then your lawyer may help you lodge a counter FIR or private criminal complaint under IPC sections like 182 (false information) or 211 (false charge).

 

 

File a Petition to Quash the FIR (Section 482 CrPC)

If the FIR is baseless, no offense is made out, or it’s a civil dispute wrongly converted into criminal, your lawyer may file a quashing petition in High Court under Section 482 CrPC.

⚖️ Judgment Reference: State of Haryana v. Bhajan Lal [(1992 Supp (1) SCC 335)]

  • Supreme Court laid down categories where FIRs can be quashed.

 

Collect Favorable Evidence

This can include:

  • CCTV footage proving your location

  • Call records, WhatsApp, Emails disproving claims

  • Witness affidavits

  • Expert reports (for handwriting, audio-video, etc.)

  • Photos/documents showing no motive or involvement

  •  

 

Plan a Solid Trial Defense

Your criminal lawyer will:

  • Cross-examine hostile or unreliable prosecution witnesses

  • Use contradictions in their statements

  • Present documents that support your version

  • Argue for discharge under Section 239 (for warrant cases) or Section 245 (for summons cases) if evidence is weak

  •  

 

🧑‍⚖️ Important Case Laws for False Criminal Cases

  1. Zandu Pharmaceutical Works Ltd. v. Mohd. Sharaful Haque – FIR quashed when allegations were civil in nature.

  2. State of Karnataka v. L. Muniswamy [(1977) 2 SCC 699] – High Court can interfere at pre-trial stage if no prima facie case.

  3. Madhavrao Scindia v. Sambhajirao Chandrojirao Angre [(1988) 1 SCC 692] – Criminal proceedings not to be used as weapons of harassment.

  4. R.P. Kapur v. State of Punjab – Lays down grounds when FIR can be quashed.

  5. K.V. Rajendran v. Supt. of Police – Use of 482 CrPC in harassment cases.

 

🔑 Landmark Supreme Court Judgments on Bail

General Principles

  1. State of Rajasthan v. Balchand alias Baliay (1977) 4 SCC 308

    • Famous line: “Bail is the rule, jail is the exception.”

    • Established liberal approach in granting bail unless compelling reasons exist.

  2. Gudikanti Narasimhulu v. Public Prosecutor, High Court of Andhra Pradesh (1978) 1 SCC 240

    • Bail decision must balance personal liberty with societal interest.

    • Laid guiding principles for bail discretion.

  3. Kalyan Chandra Sarkar v. Rajesh Ranjan alias Pappu Yadav (2004) 7 SCC 528

    • Even in serious offences, bail can’t be denied mechanically.

    • Repeated bail applications can be entertained if new grounds exist.

  4. Sanjay Chandra v. CBI (2012) 1 SCC 40

    • Economic offences case. Court emphasized that pre-trial detention should not be punitive.

    • “Punishment begins after conviction; till then, every man is deemed innocent.”

  5. Arnesh Kumar v. State of Bihar (2014) 8 SCC 273

    • Landmark for 498A/IPC matrimonial cases.

    • Guidelines against unnecessary arrests → strengthens bail grounds.

 

Anticipatory Bail

  1. Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565

    • Classic case on anticipatory bail.

    • AB is not extraordinary; courts should exercise discretion case by case.

  2. Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1 (Constitution Bench)

    • Anticipatory bail need not be time-bound unless special reasons exist.

    • Protection can continue till end of trial.

 

Cancellation of Bail

  1. Dolat Ram v. State of Haryana (1995) 1 SCC 349

    • Bail once granted can only be cancelled on supervening circumstances (misuse of liberty, tampering, absconding), not merely because the order was wrong.

  2. Mahipal v. Rajesh Kumar @ Polia (2019) 14 SCC 198

    • Appellate court can cancel bail if trial court ignored material facts.

    • Reiterated that liberty vs. justice must be balanced.

 

Special Category Cases

  1. Nikesh Tarachand Shah v. Union of India (2018) 11 SCC 1

  • Declared certain twin conditions of bail under PMLA unconstitutional (later amended).

  •  

  1. P. Chidambaram v. Directorate of Enforcement (2019) 9 SCC 24

  • On economic offences. Court recognized seriousness but reiterated personal liberty importance.

  •  

  1. Satender Kumar Antil v. CBI (2022) 10 SCC 51

  • Very important recent judgment.

  • Issued guidelines for granting bail in different categories of offences.

  • Strong push against unnecessary arrests and prolonged pre-trial custody.

 

📍 Why Choose CYOSYS Legal Solutions – Criminal Lawyer Near You

We offer:

Free consultation on criminal matters
Bail, trial, and FIR quashing services
Police station visit and court representation
Fast case strategy building
Affordable and trusted legal support in Delhi NCR

 

 

📞 Call our Criminal Lawyer Near you – Free Case Review

If you’re falsely accused or fear arrest, don’t delay. Talk to an experienced criminal lawyer near you to protect your future.

📍 CYOSYS Legal Solutions

Criminal Lawyer Experts in Delhi | Noida | Greater Noida| Ghaziabad | Gurugram
🌐 Website: www.cyosyslegal.in

 

📝 Criminal Trial Flowchart (Sessions Trial / Warrant Case)

 

1. Pre-Trial Stage

StepActionSection (CrPC / BNSS)Notes
1FIR RegistrationCrPC 154 → BNSS 173Police register case.
2InvestigationCrPC 156, 160, 161, 165 → BNSS 175, 180, 181Collection of evidence, witness statements.
3Arrest / BailCrPC 41–60A, 437–439 → BNSS 35–60, 480–488Bail applications (anticipatory/regular).
4Filing of Chargesheet / Final ReportCrPC 173 → BNSS 193Police submit report to Magistrate.
5Cognizance by MagistrateCrPC 190 → BNSS 210Magistrate takes cognizance of offence.
6Committal to Sessions Court (if offence triable by Sessions)CrPC 209 → BNSS 232Magistrate commits case to Sessions.

 

2. Trial Stage (Sessions Trial Model)

StepActionSectionNotes
7Opening by Public ProsecutorCrPC 226 → BNSS 251PP explains charges & evidence.
8Discharge ApplicationCrPC 227 → BNSS 252If no sufficient ground.
9Framing of ChargeCrPC 228 → BNSS 253Court frames charges formally.
10Plea of AccusedCrPC 228(2), 229 → BNSS 253–254Guilty or not guilty.
11Prosecution EvidenceCrPC 231 → BNSS 256Examination-in-chief, cross-examination.
12Statement of Accused (u/s 313 CrPC / 316 BNSS)CrPC 313 → BNSS 316Accused explains circumstances.
13Defence Evidence (if any)CrPC 233 → BNSS 318Accused may lead evidence.
14Final ArgumentsCrPC 314 → BNSS 320Prosecutor & Defence address.
15JudgmentCrPC 353 → BNSS 392Conviction / Acquittal.

 

3. Post-Trial Stage

StepActionSectionNotes
16Sentencing HearingCrPC 235(2) → BNSS 389After conviction, hearing on sentence.
17Appeal / RevisionCrPC 374–401 → BNSS 418–437To Sessions / High Court / Supreme Court.
18Suspension of Sentence / Bail Pending AppealCrPC 389 → BNSS 424Court may release on bail.
19Execution of SentenceCrPC 418–424 → BNSS 448–456Sentence carried out.

 

1. Regular Bail

  • When?
    After arrest, during custody, the accused seeks release from jail.

  • Provision:

    • CrPC → Sections 437, 439

    • BNSS → Sections 480, 482

  • Granted by: Magistrate or Sessions/High Court.



2. Anticipatory Bail (Pre-arrest Bail)

  • When?
    If a person apprehends arrest for a non-bailable offence.

  • Provision:

    • CrPC → Section 438

    • BNSS → Section 482

  • Landmark Case: Gurbaksh Singh Sibbia v. State of Punjab (1980).

  • Nature: Protection against arrest, can continue till trial (Sushila Aggarwal, 2020).



3. Interim Bail

  • When?
    Temporary bail granted till the court hears the main bail application.

  • Provision: Not expressly in CrPC/BNSS — judicially evolved.

  • Purpose: To protect liberty during pendency of regular/anticipatory bail hearing.



4. Default Bail / Statutory Bail

  • When?
    If the investigating agency fails to file a chargesheet within prescribed time.

  • Provision:

    • CrPC → 167(2)

    • BNSS → 187(3)

  • Time limits:

    • 60 days (most cases)

    • 90 days (serious offences, punishable with ≥ 10 years, life, or death)

  • Nature: Indefeasible right (once exercised properly).



5. Transit Bail

  • When?
    Granted by a court in one jurisdiction to protect a person until they approach the competent court where the FIR/Case is filed.

  • Provision: Not expressly in CrPC/BNSS — judicial innovation.

  • Example: FIR in Delhi, accused lives in Mumbai → Transit bail from Mumbai court.



6. Special Law Bails (stringent statutes)

  • Certain special statutes impose stricter conditions:

    • NDPS Act → Section 37: Bail only if court is satisfied accused is not guilty & unlikely to re-offend.

    • POCSO Act → Follows CrPC/BNSS but courts are cautious.

    • UAPA / PMLA → Twin conditions before granting bail.




📌 Summary Table


Type of Bail When Available Provision
Regular Bail After arrest, during custody S. 437, 439 CrPC / S. 480, 482 BNSS
Anticipatory Bail Apprehension of arrest S. 438 CrPC / S. 482 BNSS
Interim Bail Temporary till hearing Judicially evolved
Default/Statutory Bail Failure to file chargesheet in time S. 167(2) CrPC / S. 187(3) BNSS
Transit Bail To approach correct jurisdiction Judicially evolved
Special Law Bail NDPS, POCSO, UAPA, PMLA etc. As per statute

1. Legal Duty of Police

  • Section 154 CrPC / Section 173 BNSS
    – Police must register FIR if information discloses a cognizable offence.

  • Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1 (Constitution Bench)
    – Mandatory registration of FIR for cognizable offences.
    – Preliminary inquiry permissible only in limited cases (e.g., matrimonial disputes, commercial offences, medical negligence).

 

2. Remedies Available

Approach Senior Officer

  • Section 154(3) CrPC / Section 173(3) BNSS

    • Send a written complaint to the Superintendent of Police (SP/DCP) and send Speed Post. Most important is to keep speed post delivery receipt with you for future proof.

    • If satisfied that offence is cognizable, SP can direct registration of FIR and investigation.

 

Approach Magistrate

  • Section 156(3) CrPC / Section 175(3) BNSS

    • File an application before the Judicial Magistrate.

    • Magistrate can direct police to register FIR and investigate.

  • Case law: Sakiri Vasu v. State of UP (2008) 2 SCC 409

    • Remedy lies before Magistrate u/s 156(3), not directly under writ to High Court.

 

Complaint Case

  • Section 200 CrPC / Section 223 BNSS

    • Instead of forcing police to act, complainant may file a private complaint before Magistrate.

    • Magistrate can take cognizance directly, record evidence, and issue process against accused.

 

High Court (Exceptional Remedy)

  • Article 226 / 32 Constitution

    • Writ of Mandamus to direct registration of FIR (used rarely, when police/magistrate remedies fail).

  • High Courts generally refuse unless there’s exceptional violation of rights or inaction even after SP/Magistrate approach.

 

3. Practical Drafting Points

  • If SHO refuses: Obtain GD (Daily Diary) entry number of your visit.

  • Send complaint with acknowledgement to SP (via speed post/email).

  • If no action → File 156(3) petition with copy of complaint + postal receipt.

  • Support petition with Lalita Kumari & Sakiri Vasu citations.

 

📌 Summary Flow

  1. Complainant goes to Police Station → SHO refuses.

  2. Send complaint to SP/DCP → If still no action.

  3. File application u/s 156(3) CrPC → Magistrate orders registration.

  4. Alternatively, file Complaint Case u/s 200 CrPC.

  5. Last resort → High Court writ under Art. 226/32.

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