False case and legal consequences
Jubair Hossain: What is more traumatic than being accused of a committed crime that one did not commit? Bogus cases-where innocent citizens are accused, arrested, harassed, and at times even put in jail for years before their trial-causing financial and emotional trauma to the families of a great number of stories in newspapers. The vicious circle of power and manipulation is falling upon the poor, disadvantaged, and marginalized. It is for this reason that every necessary step must be undertaken to prevent this evil.
The government of any country is liable for the protection of the rights of its every citizen. Good governance, protecting constitutional rights for citizens, ensuring equity and justice are crucial and fundamental components of a sovereign authority or nation. If the government fails to protect these rights, it loses the ability for good governance. Where there is no good governance, all the constitutional rights of individuals diminish and die.
A civilized society means establishment of justice. It is a matter of concern to notice the disturbing trend in Bangladesh, where equity and justice are being torn apart and where the rising number of false cases against innocent people has become a societal norm to reflect the cruel mentality of some of our community members. False allegations can devastate a person’s life. Unfortunately, false allegations occur in divorce, sexual harassment, domestic violence, and assault cases.
False cases were also prevalent even during Prime Minister Sheikh Hasina’s previous tenure. Many case records are also found in various newspapers and social media. In the quota movement of 2024, thousands of students were picked up in anonymous cases. All these instances highlight the weaknesses of a government’s legislative and administrative branches. The safety of ordinary people is disturbed, and innocent people are additionally forced to suffer the punishment of crime. This way deprives ordinary people of their rights and makes them develop a propensity for mob justice. Subsequently, they take the law into their hands.
After Hasina’s government’s downfall, the general public wanted a government to uproot the irregularities and corruption, establishing good governance. But the expectation of the public is not yet fully met. Even in the interim government’s regime, false and anonymous cases were found. The criminals are not guilty for the actual offense. A murder case has been filed against an individual suspected of being involved in money laundering.
Rumeen Farhana, the current International Affairs Secretary of BNP, said on a Banglavision News talk show on 07 October 2024 that while the cases are being filed every day, appropriate ones are not being filed. She also said that 200-250 people are being accused in a murder case, and making Sheikh Hasina a charge in each case is reducing the importance of each case. She further said that for a criminal, a sufficient case is enough. Her comment brings to notice that false accusations do exist. The government changed, but the law enforcement department did not improve. If this remains the same, the public faith will be ruined in the legal system. Corruption or troubles in the legal administration of any nation deprive its citizens of their legitimate rights.
Considering the aftereffects of a false accusation on a person’s life, regarding the suffering that the victim has to go through, one may understand the deficits caused to one’s life regarding disrespect and defamation. Though innocent, people have to bear the stigma of crimes. What procedures may people use to get rid of these intentional violations?
There are many sections under Bangladesh’s law that punish such litigants who file false, untrue, or malicious cases. Two sections of the Penal Code of 1860, namely sections 211 and 182, can also be used to prosecute any person filing a false FIR or lodging a false criminal case. In this regard, separate processes would have to be performed.
On the other hand, it may punish the person filing false accusations within the same process with the help of Section 250 of the Code of Criminal Procedure, 1898. Section 250, which reads as follows: If the accusation is proved to be false and vexatious, the Magistrate may order the complainant or informant to pay compensation to the accused. In Karimdad v. Abul Hossain, the High Court Division held that S 250 of the Code vested authority with the magistrate alone to invoke its provisions while delivering judgment on a case, if upon deliberation, they found that the complaint was false, frivolous, or vexatious.
Sec. 13 of the Pornography Control Act, 2012 states that A person files a false or harassing case or complaint, knowing that there is no sufficient and lawful reason to do so. He shall be punished with rigorous imprisonment for a term extending to two years and liable to a fine of one lakh taka.
Section 32 of the Domestic Violence (Prevention and Protection) Act, 2010 is such that if a person applies knowingly and thinks that there is no legal reason to apply under this Act for harm to another person, he is liable to imprisonment for a term not exceeding one year or not more than fifty thousand taka or both.
The authorities should investigate such false cases with intended harm carefully to stop the files from rising uninterruptedly. Laws against people who file false accusations and compensation for victims are some of the primary initiatives required to deal with this issue. The combined effort of lawyers, law enforcement employees, and judiciary members can avoid frivolous cases in Bangladesh.
Author Jubair Hossain is a Student, Department of Law, World University of Bangladesh.
