New Delhi, March 13 A day after three members of a family in Fatehpur district, Uttar Pradesh, allegedly committed suicide due to threats of being falsely implicated in SC/ST cases, a petition was filed in the Supreme Court on Friday seeking directions to allow a person or victim to file a complaint against false cases.
The petition filed by advocate Ashwini Upadhyay has sought directions for the "purposeful 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 offenses against public justice, and for offenses relating to documents presented as evidence.
The PIL referred to the incident on March 11 at Chauferava village in Fatehpur district, where a woman, her son, and her brother-in-law allegedly committed suicide.
"A suicide note, reportedly written by the son, suggested that the family took this extreme step due to threats of being falsely implicated under the SC and ST (Prevention of Atrocities) Act over a financial transaction," the petition said.
It also referred to data from the National Crime Records Bureau (NCRB) and stated that there is no record of false information, cases, certificates, statements, and evidence, which are offenses under chapters XIII and XIV of the BNS.
"A literal interpretation of sections 215 and 379 bars the aggrieved person/victim from filing a complaint against false information, cases, certificates, statements, and evidence."
"Therefore, police stations are flooded with false cases, and the courts are overburdened with false information, cases, certificates, statements, and evidence. As a result, the aggrieved person suffers 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 stated that 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 a complainant and proceed against the false cases, charges, information, and evidence..."
"Direct the NCRB to publish data on false cases, charges, information, certificates, statements, and evidence," the petition said.