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Protection of Police from false cases by Advocates

A false accusation is a claim or allegation of wrongdoing that is untrue and/or otherwise unsupported by facts. False accusations are also known as groundless accusations or unfounded accusations or false allegations or false claims. An example of false accusation is a woman accusing her husband of beating her when he, in fact, did not. A person can have a multitude of reasons for making an untrue accusation.False accusation examples can include child abuse and bullying, Defamation, stalking and rape, amongst other things.[1]

When there is insufficient supporting evidence to determine whether it is true or false, an accusation is described as "unsubstantiated" or "unfounded". Accusations that are determined to be false based on corroborating evidence can be divided into three categories:

· A completely false allegation, in that the alleged events did not occur.

· An allegation that describes events that did occur, but were perpetrated by an individual who is not accused, and in which the accused person is innocent.

· An allegation that is false, in that it mixes descriptions of events that actually happened with other events that did not occur.

When a person is suspected of a wrongdoing for which they are in fact responsible, "false accusation may be used to divert attention from one's own guilt". False accusation may also arise in part from the conduct of the accused, particularly where the accused engages in behaviours consistent with having committed the suspected wrongdoing, either unconsciously or for purposes of appearing guilty.[2]

Additionally, once a false accusation has been made – particularly an emotionally laden one – normal human emotional responses to being falsely accused (such as fear, anger, or denial of the accusation) may be misinterpreted as evidence of guilt.

It has become very easy for any law enforcing agency to make any baseless story or a story without any reasonable base and make a person accused and put him before court because of many reasons. Bribe is one of the main reasons, one more reason is to show them honest & another reason is to please their senior’s and political bosses.

Remedies if Someone Fell in False Case

Ø You have to make complaint to appropriate authority as soon as possible. There is no need for you to give any evidence in favour of your complaint. Collection of the evidence is the duty of investigating officer

Ø There are three major law points by which you can come out of false case in shortest possible time.

· If the complaint/case itself do not constitute any offence under law.

· If the case does not have reasonable evidence against you.

· If you can give any proof in court, which clearly shows that without any reasonable doubt – you have committed no offence.

Ø If it is not possible ask the court to put Notice of Acquisition immediately and choose to contest the case. Remember after you have choose to contest the case, the case becomes time bound for prosecution to produce evidence against you. During prosecution evidence, you can cross-examine their witness ask for any document etc. which normally brings the truth before the court and these can be used against prosecution itself also. After prosecution evidence, you called for defence. You can produce anything in your defence. You are himself witness for yourself under law and your witness contains equal weightage as any other witness.

Ø Engage a good advocate. Never engage any lawyer through touts. Never engage any advocate suggested by any friendly showing court officer, many times, these court officers are found touts of advocates. Try to keep away from over smart advocates any such advocates which shows or said about their relation with judges.[3]

[1] https://legaldictionary.net/false-accusation/ [2] https://en.wikipedia.org/wiki/False_accusation [3] http://www.lawsindia.com/LawForCommon/false%20cases/false%20cases.htm

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