Yes, you can claim compensation if someone has filed a false police complaint against you. A false complaint can cause mental trauma, reputational damage, financial loss, and unnecessary legal troubles. Under Indian law, you can take legal action against the complainant and seek compensation for malicious prosecution, defamation, harassment, and wrongful prosecution.
In this detailed guide, we will discuss:
✅ Legal provisions for claiming compensation
✅ Steps to take if a false police complaint is filed against you
✅ Procedure to claim compensation
✅ Case laws where compensation was granted
✅ FAQs regarding false complaints and compensation
Legal Provisions for Claiming Compensation for a False Police Complaint
1. Section 211 IPC – False Charge of Offense
- If a person knowingly makes a false charge of an offense to cause harm, they can be punished with imprisonment up to 7 years and a fine.
- You can file a complaint under this section if the false police complaint led to a case against you.
2. Section 182 IPC – False Information Given to a Public Servant
- If someone knowingly provides false information to the police or any public servant, leading to wrongful action against you, they can be punished with up to 6 months imprisonment or a fine, or both.
3. Section 499 & 500 IPC – Defamation
- If the false complaint damaged your reputation, you can file a criminal defamation case under Section 499 IPC, and the complainant can be punished with up to 2 years imprisonment, a fine, or both under Section 500 IPC.
- You can also file a civil defamation suit to claim monetary compensation.
4. Section 503 & 506 IPC – Criminal Intimidation
- If the complainant filed the false complaint to threaten or harass you, you can take action under criminal intimidation laws.
5. Section 357 CrPC – Compensation for False Prosecution
- If you were wrongfully prosecuted due to a false complaint, the court can order the complainant to pay you compensation under Section 357 CrPC.
6. Civil Suit for Damages (Tort Law)
- You can file a civil suit for damages to claim compensation for:
✅ Financial loss (legal fees, job loss, business loss)
✅ Mental agony and emotional distress
✅ Reputational damage
7. Article 226 of the Indian Constitution – Writ Petition in High Court
- If the police acted maliciously against you based on a false complaint, you can file a writ petition in the High Court seeking compensation for wrongful arrest, harassment, and legal expenses.
Steps to Take If a False Police Complaint Is Filed Against You
Step 1: Gather Evidence to Prove the Complaint Is False
- Court documents (if you have been acquitted).
- Video footage, CCTV records, call recordings that disprove the allegations.
- Witness statements confirming your innocence.
- Documents proving your alibi (travel records, office attendance, etc.).
Step 2: File a Counter-Complaint Against the False Accuser
- File a complaint with the police or magistrate under:
✅ Section 211 IPC (False accusation)
✅ Section 182 IPC (False information to police)
Step 3: File a Defamation Case (Sections 499 & 500 IPC)
- If the false complaint has damaged your social status or professional reputation, file a criminal and civil defamation case against the complainant.
Step 4: File a Civil Suit for Monetary Compensation
- If you have suffered financial or emotional loss, file a civil suit seeking compensation for:
✅ Legal expenses
✅ Loss of job/business
✅ Mental agony and harassment
Step 5: File a Writ Petition in the High Court (Under Article 226)
- If the police harassed you based on a false complaint, file a writ petition in the High Court seeking:
✅ Compensation for wrongful prosecution
✅ Action against the police officers who acted unfairly
Step 6: Approach the Human Rights Commission (If Police Harassed You)
- If the police harassed you, tortured you, or arrested you unfairly, file a complaint with the State Human Rights Commission (SHRC) or National Human Rights Commission (NHRC).
Procedure to Claim Compensation for a False Police Complaint
1. Criminal Case Approach (False FIR, Defamation, Perjury, Malicious Prosecution)
✅ File a criminal complaint in the Magistrate Court against the complainant under Sections 182, 211, 499, 500, 503, and 506 IPC.
✅ Once the court establishes the complaint was false, you can file an application for compensation under Section 357 CrPC.
2. Civil Suit Approach (Claiming Compensation for Defamation & Damages)
✅ File a civil defamation suit before the District Court or High Court.
✅ In the suit, mention the monetary losses, emotional distress, and social harm suffered due to the false complaint.
✅ Provide documentary proof, acquittal orders, financial loss details, and mental health impact reports.
3. Writ Petition in the High Court
✅ If the false complaint led to police harassment or wrongful arrest, file a writ petition under Article 226 of the Constitution.
✅ Request monetary compensation from the state government for wrongful prosecution.
Important Case Laws Where Compensation Was Granted for False Complaints
1. K.K. Mishra v. State of Madhya Pradesh (2018)
- The Supreme Court ruled that false complaints leading to reputational damage must be compensated.
2. Kushum Lata v. Union of India (2006)
- The Delhi High Court awarded compensation for malicious prosecution and wrongful arrest.
3. Sushil Kumar Sharma v. Union of India (2005)
- The Supreme Court held that false dowry cases (498A IPC) must be punished and compensation must be awarded to the falsely accused.
4. Arnesh Kumar v. State of Bihar (2014)
- The Supreme Court issued guidelines to prevent arbitrary arrests in false cases and directed compensation in wrongful arrest cases.
FAQs on Compensation for False Complaints
Q1. Can I claim compensation if I was arrested due to a false complaint?
Yes, you can file a civil suit for damages and a writ petition in the High Court seeking compensation for wrongful arrest.
Q2. Can I file a counter-FIR against the person who filed a false complaint?
Yes, you can file a counter-complaint under:
✅ Section 182 IPC (False information to police)
✅ Section 211 IPC (False charge of offense)
✅ Section 499 IPC (Defamation)
Q3. How much compensation can I claim for a false police complaint?
The amount depends on:
✔ The extent of damage (financial, social, mental trauma).
✔ Loss of job or business.
✔ Court’s discretion in awarding damages.
Q4. How long does it take to get compensation for a false complaint?
- Criminal cases (false FIR, defamation) may take 1-3 years.
- Civil suits for damages may take 3-5 years, depending on court proceedings.
Conclusion
If you have been a victim of a false police complaint, you have the legal right to claim compensation for the mental agony, financial loss, and reputation damage you have suffered. You can take action by filing a criminal complaint, a defamation case, a civil suit for damages, and a writ petition in the High Court. Courts have recognized the misuse of false complaints and have granted compensation in many cases.
If you need help in drafting a legal notice, filing a complaint, or pursuing a compensation claim, let me know. I can assist you in preparing a strong legal strategy to protect your rights.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304