• False 74 79 BNS

I was facing threats of filing false fir i informed the police and after filing rti on the matter 
while I climbed down the stairs of my office few Women assaulted me and fled into auto and filed false 74 and 79 bns against me.
 I am a govt servant and I was carrying cash from the office to the account office 
I complained to the police but the police did not take any action.
My dept was also informed 
Suggest me remedies
The Police in collusion with complainant filed the fir for filing rti against them.
Asked 1 month ago in Criminal Law
Religion: Hindu

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10 Answers

You are facing a situation that, on the facts stated by you, clearly bears the characteristics of a retaliatory and malicious criminal action, triggered after you informed the police about threats of a false FIR and exercised your statutory right by filing an RTI. The sequence of events is legally significant and materially strengthens your position.

It is important to understand that the mere registration of an FIR under Sections 74 and 79 of the Bharatiya Nyaya Sanhita does not establish guilt. Criminal law cannot be used as a tool of vendetta or to intimidate a government servant for performing official duties or for seeking information through RTI. Courts have consistently intervened where the criminal process is set in motion to silence whistle-blowers or public servants acting bona fide.

From your narration, several facts are crucial: you had already informed the police about threats of a false case; you filed an RTI against the authorities; the alleged incident occurred immediately thereafter; you were on official duty and carrying government cash; the alleged assailants fled; your own complaint was not acted upon; and yet an FIR was promptly registered against you. Taken together, these facts strongly support an inference of mala fide action and abuse of police power.

You should not remain passive in this situation. The correct course is to pursue judicial and administrative remedies in parallel. You should approach the jurisdictional High Court under its inherent powers seeking quashing of the FIR on the grounds that it is a counterblast to your RTI and prior complaint, that the allegations do not disclose the essential ingredients of the alleged offences, that there is no credible or independent corroboration, and that continuation of proceedings would amount to abuse of process and violation of your fundamental rights. High Courts routinely quash FIRs in cases where criminal proceedings are initiated with a demonstrably retaliatory motive.

If there is any apprehension of arrest, you should also apply for anticipatory bail. Given that you are a government servant, that the alleged incident arose during discharge of official duty, and that you have cooperated with authorities, anticipatory bail is strongly maintainable and is likely to be granted. Once such protection is in place, the scope for police harassment reduces substantially.

The conduct of the police in refusing to act on your complaint while swiftly registering an FIR against you is itself illegal. You should make detailed written complaints to senior police authorities such as the Commissioner of Police or Superintendent of Police, the Vigilance Department, the Director General of Police, and the State Police Complaints Authority, clearly setting out the timeline of events, the prior threats, the RTI filing, and the biased conduct. If these representations do not yield results, you have the statutory remedy of approaching the Magistrate under Section 156(3) CrPC seeking directions for registration and investigation of your complaint, including against the erring police officials if the material supports such action.

Since you are a government servant and the incident occurred while you were on official duty, departmental protection is extremely important. You should submit a detailed written representation to your Head of Department placing all facts on record, seek official protection and legal assistance as per service rules, and request that no coercive action be taken without departmental intimation. Courts generally view criminal allegations against government servants arising from official acts with added caution.

You should immediately secure and preserve all available evidence. This includes CCTV footage of the staircase and office area, office entry and exit registers, duty rosters, movement registers, authorization records relating to cash handling, RTI acknowledgements, prior police complaints, and any call records or messages showing threats. Early preservation of evidence is critical, as delay often weakens an otherwise strong case.

Once the immediate pressure of arrest or coercive action is neutralised through bail or quashing, you may consider further remedies. These include initiating proceedings for false complaint, seeking departmental action against erring police officers, claiming compensation for malicious prosecution where appropriate, and invoking whistle-blower protections. Courts do not view kindly the misuse of criminal law to target RTI applicants or public servants acting in good faith.

On the facts as stated by you, the risk of conviction is low, custodial interrogation is unnecessary, and the case appears prima facie retaliatory. What is essential at this stage is timely, structured legal action rather than silence. If you proceed promptly on the above lines, judicial intervention is likely to correct the misuse of process and provide you protection.

Yuganshu Sharma
Advocate, Delhi
1118 Answers
4 Consultations

BNS Sections 74 and 79 deal with offenses against women, specifically assault/criminal force to outrage modesty (BNS 74) and word/gesture/act to insult modesty, targeting actions meant to demean a woman's dignity, with penalties including imprisonment and fines, ensuring stricter provisions for sexual harassment.

This seems to be serious offence, hence if police is not taking any action n your complaint yo may file a petition before concerned Judicial magistrate court seeking direction to police to register FIR agaisnt the women and others involved in this act.

You may file a cross FIR under sections BNS 117/117, BNS 61 and BNS 217 for the acts of assault, criminal intimidation, criminal conspiracy and false accusation with intent to harm.  The court on finding cognizance on the basis of the documentary evidences in yor support may pass an order to register FIR even if police refuses. 

You can also approach high court with a petition under section 482 to quash the FIR registered under section 74 and 79 agaisnt you.

You may also make a representation to your department since yo were on an official duty at that time to provide protection to you besides their support to establish that you were on an official duty at the time of the incident.

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

File petition in HC for quashing of FIR 

 

file RTI with police as to what action has been taken on your complaint 

 

 

Ajay Sethi
Advocate, Mumbai
99995 Answers
8163 Consultations

You first take Anticipatory bail in the matter and then go for quashing in HC for the false complaint. Also file complaint against that woman and police officer and proceed against them separately 

Prashant Nayak
Advocate, Mumbai
34675 Answers
249 Consultations

 

  • First protect yourself in the false FIR: apply for anticipatory bail and get a copy of the FIR/complaint. Sections 74 and 79 BNS relate to assault/criminal force to a woman with intent to outrage modesty and words/gestures intended to insult a woman’s modesty/privacy, so handle it urgently through a criminal lawyer. Ministry of Home Affairs+1

  • Preserve evidence: CCTV of stairs/exit, entry register, witnesses, call records, duty/cash-carrying authorization, medical report if assaulted.

  • For police not acting on your complaint: give a written complaint to SHO and escalate to SP/Commissioner (BNSS s.173(4) route; equivalent to CrPC 154(3)). Press Information Bureau

  • If still no action, file an application before the Jurisdictional Judicial Magistrate to order registration/investigation (BNSS s.175(3); equivalent to CrPC 156(3)). Press Information Bureau+1

  • High Court remedy (if FIR is demonstrably malicious/absurd or investigation is biased): petition for quashing / fair & independent investigation / protection under High Court powers (your advocate will choose the correct route).

  • Service side: inform your department in writing and request official support/protection, since the incident arose during duty transit.

 

Shubham Goyal
Advocate, Delhi
2219 Answers
17 Consultations

  1. File a Writ Petition in the High Court: This is the most potent step. You can file a petition under Article 226 of the Constitution for the protection of your fundamental rights. Seek quashing of the false FIR (citing malicious prosecution and police mala fide) and request a court-monitored investigation by an independent agency like the CID or CBI. Highlight the sequence: your RTI, the assault, and the subsequent retaliatory FIR.

  2. Approach the Magistrate under Section 156(3) CrPC: File a detailed complaint before the jurisdictional Magistrate, seeking a direction to the police to properly register and investigate your complaint about the assault and criminal intimidation.

  3. Official Departmental Channel: Formally document everything with your department, seeking their intervention and protection, as your official duty (carrying cash) was the context. They may provide legal assistance.

  4. Superior Police Authorities: Simultaneously, make written complaints to the Commissioner of Police, the Director General of Police, and the State Home Ministry, alleging police misconduct and collusion.

Lalit Saxena
Advocate, Sonbhadra
140 Answers

Dear client, as to the reply of your query i would like to state that, filing complaint under section 74 and 79 is not at all easy, there must be some reasons. Above all without reading the complaint nothing can be said confirmed. And i can guarantee you that for filing RTI no complaint has been lodged against you. As FIR has been lodged, now you should look into it more seriously. If there is way i can help you to quash the FIR. If you wish to contact me then you can connect in WhatsApp - [deleted], Email - [deleted].

Pritam Das
Advocate, Kolkata
6 Answers

1.  More details are required for forwarding appropriate evidence in connection with your queiry.

 

2. Who are those women who had assaulted you? Are they known to you? Was their any skirmish with you for any reason?

 

3. You shall have to avail  Anticipatory Bail for the section 74 at the earliest and then contest the case fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

If the police fail to act on your complaint, you may approach the jurisdictional magistrate by filing a private complaint

BR Dayaram
Advocate, Bengaluru
22 Answers
1 Consultation

File a complaint with the court under relevant provisions highlighting the harassment that took place with you. Further, file for quashing of FIR in WB High Court. 

Devika Mehra
Advocate, New Delhi
58 Answers

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