False FIR under section 354 IPC : Outrage of modesty

My colleague filed a false FIR under section 354 IPC. I have some disputes with my colleague for not giving leave. On a day she filed a false FIR against me for outrage of her modesty. She alleges that I committed the aforesaid offence at 03:00 PM. More importantly, I was in a meeting at the time of the offence. I have the evidence to prove it. The investigating officer has told me that she has adduced sufficient evidence to prove her case. Sir, what should I do?

​​You should file a petition before the High Court under Article 226 of the Constitution of India for the quashing of FIR. As per your statement, it seems that she has filed a false FIR under section 354 IPC. You said that at the time of the incident you were in a meeting.

This is a relevant and important piece of evidence. It proves that at the time of commission of alleged offence accused was busy in a meeting (plea of alibi) hence, accused was somewhere else at the time of commission of offence.

Plea of alibi

You should take plea of alibi in your defence. If you prove that it was impossible for you to physically present at the place of occurrence at the time when the alleged offence was committed then your plea of alibi shall succeed. When you successfully prove the plea of alibi then the court shall bound to reject the testimony of victim.

In sexual offences the testimony of the victim is a strong piece of evidence. In Sham Singh v. State of Haryana, (2018) 18 SCC 34 the Supreme Court has held that testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of the victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable.

The FIR must prima facie establish that a cognisable offence has been committed. If the information seems false the court will quash the said FIR in limineAt the time of the alleged offence, you were in a meeting. So this evidence itself proves that the said FIR is false and frivolous because the accused was somewhere else. 

Outrage of modesty 

Section 354 of the Indian Penal Code makes outrage of modesty is an offence. According to section 354, the accused must apply some criminal force on the victim with the intention to outrage her modesty. These are the essential ingredients of the offence of outrage of modesty:

  • Application of criminal force and 
  • Intention to outrage the modesty of the victim. 

In order to prove the said offence physical presence of the accused is mandatory. But at that time you were in a meeting. Hence, this fact rules out the happening of the offence under section 354 IPC. 

A false FIR under section 354 IPC

She lodged a false FIR thereby she has committed an offence under section 182 of the Indian Penal Code. According to section 182 IPC giving false information, with intent to cause public servant to use his lawful power is an offence. Hence, you can file a complaint before the Magistrate under section 200 CrPC

Quashing of  FIR

You have evidence to prove that you were not present at the place of occurrence. This is important evidence and it shall disprove the commission of alleged offence. Based on this evidence you can approach the High Court for quashing of this false FIR under section 354 IPC. If the court satisfied that the accused was absent at the place of the incident then it shall quash this false FIR.

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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