- This topic has 12 replies, 10 voices, and was last updated 1 year, 4 months ago by
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PHypothetical question –
Suppose a woman files a false case on someone. The police is obligated to register the FIR and they do it.
Now before chargesheeting, they are supposed to do a proper investigation. Suppose they don’t do it. They file the chargesheet based on incomplete evidence. Maybe due to lack of resources.
The defendant can easily prove he’s not guilty. Can he take any legal action against the police for forcing him to go through the legal process despite not having good evidence?
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UIn India, it’s futile. In fact, anything you do against the system will drain you mentally and financially. (99% time)
You can stop the police before the chargesheeting stage or infact after the chargesheet as well by bribing them. The police knows whether a case is true or false the moment a person enters the station and starts speaking up. The only reason they even proceed with the complaint is to eventually extract money from you.
Only when the other party has greater resources than you, you engage an advocate and try your luck in court.
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BThere have been cases where people have been successful in being granted compensation by the state when the police screw up. But you’re going about it in the wrong way. Are you really going to be wasting time and resources in a court room against the govt when you can file a case of malicious prosecution against the “woman” that filed the fake case against you?
And bro. Just relax. Yeah the police do have to register FIR immediately if it’s a cognizable offence. Rape for example is a cognizable offence. They’ll investigate and close the FIR or file a final report saying you’ve committed the crime and will arrest you. The charge sheet comes in when you’ve been arrested and are about to start trial. Just because a woman filed a rape case doesn’t mean you’ll goto jail. Real life doesn’t work that way. The procedures are systematic and transparent. If a police officer screws it up, you’re going scot free. Hell there’s a high chance you’d go scot free even if you did do the crime so there’s that.
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UThe Indian police is one of the most corrupt institutions on this planet. Do you really think their investigation is fair and their close the FIR if they don’t find any evidence?
There are 5 crore cases stuck in High Courts across the country precisely because police investigation is useless.
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BYou realise that not all 5 crore pending cases have to do with criminal yes? And I agree with you, police are really bad at their jobs which is why the conviction rate is abysmal. Easily corruptible cause of shit pay. But one can’t live life believing there’s no point in trying. The law helps those who help themselves. At least some relief will come if you pursue the matter instead of giving up.
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