Legal redressal if false complaints are filed against me by a US citizen here in India Legal redressal if false complaints are filed against me by a US citizen here in India

4 months ago

My mother's sister who is a US citizen recently filed multiple false complaints against me before the sub collector and the State human rights commission. The false complaints claimed that I was not taking care of my mother. After filing the complaint she immediately left the country. Now, both the agencies investigated this and closed the case finding her allegations to be completely false. Can I get legal redressal for the humiliation I had to go through due to the false accusations she made? Also can I get protection so that she doesn't repeat the same the next time she visits India.

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
As per Section 211 of the Indian Penal Code, any person who, with the intent to cause injury to any person, institutes or causes to institute any criminal proceeding against that person or falsely charges any person with having committed an offense shall be punished with imprisonment for a term of up to two years or with a fine, or both. The provision of Section 211 is designed to protect individuals from malicious prosecution and to prevent the abuse of the legal system by individuals with malicious intent. The provision makes it clear that if a person institutes a false criminal proceeding or charges someone falsely with the intent of causing harm, they will be held accountable for their actions and may face legal consequences. The offense under Section 211 is a non-bailable offense. This means that a person accused of this offense cannot be released on bail by the police or the court. This provision is aimed at preventing individuals from filing false charges as a means of harassment or revenge. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 months ago

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A.Dear Client,
If you faced humiliation due to false accusations, you could explore the possibility of filing a defamation suit against your mother's sister, seeking compensation for any damage to your reputation. Additionally, you might want to discuss with your attorney the feasibility of obtaining a restraining order or any other legal means to prevent her from making similar false complaints in the future. It's essential to gather evidence of the false accusations, the investigations' outcomes, and any harm you suffered as a result. A legal professional can provide tailored advice based on the specific laws in your jurisdiction and help you understand your options for seeking redress and protection.
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