False FIR Filed Against You? Anticipatory Bail, Quashing Under Section 528 BNSS and Other Remedies

Being named in an FIR for something you did not do, or in a complaint that grossly exaggerates a dispute, is frightening. It happens in family quarrels, property and business disputes, and after relationships end. The law gives a person several protections. This guide explains them in the order they usually matter.

First steps

1. Get a copy of the FIR. FIRs are generally uploaded on the Maharashtra Police website within the time allowed, except in sensitive cases. Your lawyer can also obtain it.
2. Do not contact the complainant to argue or pressure them; it can be treated as intimidation and used against you.
3. Preserve evidence that contradicts the allegations: messages, call records, location data, CCTV footage (which is overwritten quickly), bank records, and witnesses.
4. Take legal advice early, before attending the police station.

Police notice under Section 35 BNSS

For offences punishable with up to seven years, the police are generally required to issue a notice of appearance instead of arresting, unless arrest is necessary for reasons recorded in writing (Section 35 BNSS, formerly Section 41A CrPC; Arnesh Kumar v. State of Bihar, 2014). If you comply with the notice and cooperate, arrest is ordinarily not made. See receiving a police notice.

Anticipatory bail

If you fear arrest, you can apply to the Sessions Court or the High Court for anticipatory bail under Section 482 BNSS (formerly Section 438 CrPC). The court may grant interim protection while it hears the application, often with conditions such as attending the police station when called. See what is anticipatory bail.

Quashing the FIR: Section 528 BNSS

The High Court has inherent power under Section 528 BNSS (formerly Section 482 CrPC) to quash an FIR or criminal proceedings to prevent abuse of the process of court or to secure the ends of justice. In State of Haryana v. Bhajan Lal (1992), the Supreme Court listed categories where quashing is appropriate, including where:

• the allegations, even if taken at face value, do not make out any offence;
• the allegations are so absurd or improbable that no prudent person could accept them;
• there is a legal bar to the proceedings;
• the proceedings are manifestly malicious, filed with an ulterior motive for wreaking vengeance;
• a civil dispute has been given a criminal colour.

The High Court does not hold a trial at this stage; it looks at the FIR and the material on record. In matrimonial cases, it can also quash proceedings where the parties have genuinely settled, even for some non-compoundable offences.

Other remedies

• Closure by the police: if investigation shows the case is false, the police can file a closure report; the complainant can protest it before the Magistrate.
• Discharge: after the chargesheet, you can seek discharge if the material does not disclose an offence.
• Against the complainant: false information to a public servant (Section 217 BNS), false charge of an offence made with intent to injure (Section 248 BNS), defamation, and a civil suit for malicious prosecution, usually after you are discharged or acquitted.

Frequently asked questions

Can the police arrest me immediately on a false complaint?

For most offences punishable with up to seven years, a notice of appearance should be issued first. For more serious offences, take advice urgently about anticipatory bail.

How long does quashing take in the Bombay High Court?

It varies with the court’s list. Interim protection from coercive action can sometimes be obtained at the first hearing.

Should I file a counter-complaint?

Only if there is a genuine basis. A tit-for-tat complaint can complicate matters; take advice on the facts first.

See also: anticipatory bail, bail matters and CrPC to BNSS section numbers.

Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.

This guide describes general law as understood in October 2026. It is not legal advice; criminal matters are urgent and fact-specific, so take advice at once.

See also: Falsely accused under POCSO? What to do.