In my detailed review of all the laws prevailing in India, I've never come across any provision/section/law which protects the rights of the accused as against false accusation.
Once an FIR is registered, all mechanism start working against the accused and by the time the accused is given an opportunity under S.313CrPC to give clarification and statement, around 5-7yrs would elapse.
There are very clear instances where judges can clearly mention in their judgement of a case that if the procesution failed to prove a case or if the judge found the case as malafide. If the judge makes a mention in the judgement that the case was filed with malafide there should be a mechanism for default procedure of FIR and arrest of the complainant there and then. The complainant should not be allowed to file false cases of any sort and then walk free without a stain!!
Police plays a very vital role in any criminal proceeding. They have been vested with so much descretionary powers that they are free to file a closure report even after finding solid evidence and also to file a chargesheet in cases where there is only oral evidence of complainant alone. With such powers they should with utmost sensitivity and responsibility but this never happens. There should be a mechanism which should start working automatically upon recording the judgement of the judge who says that the case was malafide.
Unless there is no deterrent provision of false complainant and canny policemen, our judicial system would continue to be lathargic and apathetic.
And the punishments in false cases should in default be minimum half of what the innocent accused would have suffered if the false complaint was proved true in the court of law...
//peace
/Saurabh..V
