I am citizen of India and from last few days my mind is
blowing when I research about Indian Judiciary, legal system, and Police’s
working pattern in fake cases. There are
millions of people facing fake criminal cases and most of them don’t even have basic
knowledge of law and enough money to hire a good lawyer who can protect them in
such cases and get them a bail and later win cases for them.
Our society is converting into revenge society where just to
take revenge people are using our legal system and filing fake criminal cases,
lodging fake FIR’s against their opponents or so called enemy they believe.
Someone can argue that there are provisions that if somebody files wrong FIR
then Police or that person against whom FIR is filed can file a defamation case
against that person and seek compensation but less than 1% people do so in our
country.
Our law says accused is innocent until proven guilty but our
system especially Police play exact opposite of it. Once a FIR is filed against
you then the real game starts, policemen will start coming to your house either
they will arrest you without any inquiry or they will threat you of arrest and
in pressure you will start paying bribe to save yourself which you should not
at any cost . In every case Police knows very well that case is genuine or fake
but they will not play their part rightly because if they do so they will lose
the opportunity to make money from you.
Next step of this game will be that you will hire a lawyer,
if your lawyer is honest then he will clearly tell you fees and procedure but
finding an honest lawyer in India is very difficult. Most of the lawyers worry
about fees on date wise and want to stretch the case so that on every date you
pay them something.
In our country Police use arrest procedure as their rights
not as the necessity to solve the case. There are millions of people facing
fake 498A, 376, 379 etc cases but people don’t come forward to raise their
voice because they fear that if they do so then Police will take revenge and
file lots of charges against them and make their life difficult. Police will
try everything to stop you to get the bail and if you get that they will try
everything to cancel the bail. In this
game you are the biggest looser and Police is biggest winner as they earn from
both side you and from the person who Lodged FIR against you.
In all these cases Police arrest you and present you in
front of Metropolitan or Session court Magistrate of your jurisdiction. Police
will demand police custody of you from Magistrate and most of the time Magistrate
don’t worry about the real facts and allow Police to take your custody for some
days, if your luck is not good it can go for a week or two even you are
innocent. Don’t know what kind of information Police want to take from you for
which they need your custody. Now again
you have to pay bribe to Police so that they don’t beat you in their custody
which our law says Police can’t beat any accused but Police use this technique
to make money from the people. It is the fear of us on which these people make
money.
Most of the people don’t even know that they can apply for
Anticipatory bail if they feel Police may arrest them on basis of fake FIR,
which eventually Police does. But question is even to get a Anticipatory bail
you have to spend around Rs 10,000 to Rs 20,000 per person in city like Mumbai,
Pune and other big cities as a fees of your lawyer. So now just on the basis of fake complaints
and FIR you have to spend thousands of Rupees.
In the cases like 498A where whole family become accused in FIR , your
expense will easily go around Rs 1 Lakh to 1.5 Lakh just to get the
Anticipatory bail. Now a days where our society becoming more liberal and
couple spend their lives in a live in relationship most of fake 376 cases popping
up in cities and What’s more funny is that Girl and her family make whole
family member of boy’s side accused in 376 FIR too.
So in any fake criminal case ,first you and your family
loose the respect in society and second you start losing your hard earned money
and then if you are not strong heart and don’t have will to fight you lose hope
too and spend some time in Jail or Police Lockup. None of this case will get
convicted so court will set you free after 3 to 4 years and judgment will have
line that in the absence of sufficient proof accused is set free whereas judgment
should have the line that this case is found as FAKE and applicant for this
FAKE case should go in Jail for 6 months for lodging false FIR and Investigation
officer should be suspended for 3 months for making trouble to you and your
family without doing proper enquiry and seeking your Police custody and
opposing your bail unnecessarily.
There are several NGO’s working out there to help people who
are facing these fake cases. But million dollar question is that who will help
you from mind trouble and trauma that you and your family feeling every day.
There should be a strong mechanism where if someone files a
FAKE FIR then he/she is liable to go Jail for 6 months and no bail allowed to
him or her.
Just to give you a simple figure that near about 3 Lakh
people get acquitted in 498A case but if these people might have spent around Rs
10K per person just to get a bail and at the time of trial of the case extra
fees for lawyer, travelling expense, losing money from business or job because
have to take day off to attend court for every date so simple equation will
also go around 300 Crore Rupees in only one IPC case , just think about other
IPC’s as well, we are losing millions of Rupees and work hours just to fight
these stupid cases.
What I feel is our judiciary and police need a major
overhaul, as since independence there is no major revolutionary action done on
these two pillars of our so called system.
Still these two pillars are working like British’s era where Judiciary
and Police were used by British for suppression of our country men.
If Engineer makes a wrong design for a building he get
punishment from our Judiciary, if a doctor do something wrong in operation of a
patient his license gets cancelled and he goes to jail then there should be
provision for Judiciary and Police too if they take wrong action they are also
liable to face the same action as other people do as per IPC.
I am not a legal expert but it does not require a rocket
science to understand which case is FAKE and which is Genuine. This is our country where rich people get
bail in hours even they committed crime and adequate proof available against
them but on the other side poor person spend years and years in Jail even he is
innocent but does not have enough money to hire a lawyer who can get him a bail
and win his case.
If we want to see India as Super Power then these things
needs to be corrected ASAP.
Jai Hind.