Supreme Court Issues Notice On Plea To Curb Fake Cases, PIL Purposes Mandate For Awareness Against Malicious Prosecution

The Supreme Court has issued notice in a Public Interest Litigation (PIL) filed by Advocate Ashwini Upadhyay seeking to address the rising tide of "fake cases" and the filing of legal complaints based on false information.

The Petitioner sought directions to Centre and State Authorities to install 'Display Board' at all Police Stations, Tehsil/District Court Premises, Panchayat Bhawan, Municipal Offices and Education Institutions mentioning respective Provisions and Punishment for False Complaint, False Charges, False Statement, False Information and False Evidence, in order to secure Right to Life, Liberty, Dignity of innocent citizens.

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi issued notice in the matter.

Advocate Ashwini Upadhyay appeared in person. 

Upadhyay argued that the Indian judicial system—from Trial Courts to the Supreme Court—is being overwhelmed not by genuine litigation, but by fabricated disputes. He highlighted a disturbing trend where civil disputes (such as land disagreements) are being converted into criminal cases, often involving the misuse of the SC/ST Act. Upadhyay noted that this practice is "disturbing the fabric of rural India," leaving honest citizens living in a constant state of fear.

Chief Justice Surya Kant said, "We will be accused of gagging...but why should we be afraid of gagging. Because people abuse and then disappear. We need to create a very informed society by sensitising people, and they should also know the fundamental rights of their neighbourhood also. The principle of fraternity needs to be cultivated."

However, he emphasized that the court should not fear such accusations when the goal is to prevent the abuse of the legal process. The CJI stressed the need to cultivate the "Principle of Fraternity" and create a more informed society where individuals respect the fundamental rights of their neighbours.

Chief Justice Kant added, "The problem is when false complaints are lodged...the de facto complainant does not even know that it is filed. It is done by fake signs, etc., and the poor fellow does not even know that he is being exploited by the rich and well off. See the case, the wife came to us and said that this political leader is not involved in our case. Why would such point be made if not for gun power, money power..."

The Plea, filed by AOR Ashwani Upadhyay, stated, "Empirical data compiled from NCRB reports demonstrates a stark disparity between cases registered and convictions under several special criminal laws, with acquittals running into disproportionately high numbers. This statistical pattern reveals a structural problem of false complaints, false charges and fabricated evidence clogging the criminal justice system. The Law Commission in Report No. 277, has expressly identified false charges, fabricated evidence and wrongful prosecutions as primary causes of miscarriage of justice and violations of Article 21, The Commission notes that existing remedies are episodic, uncertain and ineffective, and that a large percentage of undertrials ultimately face acquittal after years of incarceration. Despite the enactment of Chapter XTV of tlie BNS, 2023, the absence of any administrative or preventive mechanism has rendered these provisions largely inoperative."

"The misuse of law is a serious issue that has been receiving increased attention in recent years. Women are often discriminated against and are not provided with equal rights and opportunities, leading to a gender bias in many aspects of life. Tliis gender bias is further exacerbated by the misuse of law. There are numerous instances of using the law to their advantage, often at the expense of others. This practice is not only xinethical but also unconstitutional. Dowry Death, Cruelty Against Women, Rape, Sexual Harassment, Domestic Violence, are only some of the laws that have been weaponized against men, using false complaints. This also impacts Women, as they are eyed by the Society cynically. The weaponization of the laws by some women leads to Social Cynicism of Women as a whole", the Petition said.

It also said that innocent citizens lose their reputation, career, and mental peace at the moment when they enter into a litigation, either through a Court Case or an FIR, both registered on false and malicious grounds. The Physical, Mental and Financial Loss is irreparable even if they are acquitted after a considerable time. This further leads to the weaponisation of law as a tool for revenge, property and matrimonial disputes rather than its actual goal of seeldng justice, it added.

"It has been explicitly mentioned by the Commission that 67.2% of India's prison population consists of undertrials, which serves as empirical evidence of systemic failure. We need to understand that a significant portion of these undertrials are victims of procedural loopholes. Since many of these cases ultimately end in acquittal due to a lack of evidence or false implications, the long imprisonment amounts to a "de facto" punishment without conviction. The State's failure to follow Law Commission's wrongful prosecution recommendations worsens overcrowding and violates Article 21 (Right to Liberty) for innocents", the Petitioner submitted.

The PIL proposed that the police must inform every complainant about the penal consequences of filing false information under Chapter XIV of the Bharatiya Nyaya Sanhita (BNS) before an FIR is officially registered. By requiring a formal warning under Sections 227-228 of the BNS, the state aims to shift the complainant’s mindset from one of "emotional retaliation" to "legal responsibility." This immediate awareness of the seriousness of false statements acts as an early-stage filter against malicious litigation.

A core recommendation is the introduction of a standardized Performa or affidavit that every complainant must sign. This document requires the individual to solemnly affirm the truthfulness of their allegations and acknowledge that they have not concealed any material facts.

The PIL provided a specific template for a Declaration of Truthfulness to be attached to every FIR. This undertaking requires the complainant to provide their full identity and residence, followed by a formal statement that the facts are true to the best of their knowledge.

It was prayed, "The Court may be pleased to issue suitable writ/order/direction to: a) direct the respondents to install 'Display Board' at all Police Stations, Tehsil/District Court Premises, Panchayat/Municipal Offices and Education Institutions, mentioning respective Provision/Punishment for False Complaint, False Statement, False Charges, False Evidence, to secure the Right to life, Liberty and Dignity of Innocent Citizens; b) direct the respondents to talce steps to inform the Complainant about the Punishment for False Complaint, False Charges, False Statement, False Information and False Evidence before accepting the Complaint, to secure the Freedom of Speech and Expression of Innocent Citizens; c) direct respondents to take an Undertaking/Affidavit that averments made in Complaint, Statement, Evidence and Charges are true and correct, in order to control False Complaint and Frivolous Cases; d) direct and declare that Sentence for False Complaint, False Statement, False Information, False Charges, False Evidence shall be consecutive."

Accordingly, the matter is now listed for a further date.

Cause Title: Ashwini Kumar Upadhayay v. Union of India and Ors. [Writ Petition No. 209 of 2026]