New Delhi, Mar 13 (PTI) A day after three members of a family in Uttar Pradesh’s Fatehpur district allegedly committed suicide due to threats of false implication in SC/ST cases, a plea was filed in the Supreme Court on Friday seeking directions to allow an aggrieved person or victim to file a complaint against false cases.
The plea filed by advocate Ashwini Upadhyay has sought directions for “purposive and harmonious interpretation” of sections 215 and 379 of the BNSS, claiming that innocent citizens are committing suicide due to false cases.
Section 215 of the BNSS relates to prosecution for contempt of the lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
The PIL referred to the March 11 incident at Chauferava village in Fatehpur district, where a woman, her son and brother-in-law allegedly committed suicide.
“A suicide note, reportedly written by the son, suggested the family took the extreme step due to threats of being falsely implicated under the SC and ST (Prevention of Atrocities) Act over a financial transaction,” the plea said.
It also referred to National Crime Records Bureau (NCRB) data and said there is no record of false information, cases, certificate, statement, and evidence, which are offences under chapters XIII and XIV of the BNS.
“A literal interpretation of sections 215 and 379 bars the aggrieved person/victim to file complaint against false information, cases, certificate, statement and evidence.
“Therefore, police stations are flooded with false cases, and the courts are overburdened with false information, cases, certificate, statement and evidence. As a result, the aggrieved person bears reputational harm, prolonged litigation, and financial and mental hardship arising from the false accusation, while being denied the opportunity to act as the complainant,” the petition said.
It also said that data shows the discrepancy between cases being filed and persons being acquitted.
It said the conviction rate has been starkly low and the root cause of the problem is a literal interpretation of sections 215 and 379 of the BNSS.
“Direct and declare that the court may issue a certificate to the aggrieved person under sections 215 and 379 to allow him to become complainant and proceed against the false cases, charges, information and evidence…
“Direct the NCRB to publish data on false cases, charges, information, certificate, statement and evidencе,” the plea said. PTI PKS ARI
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