For years, false rape and atrocity cases have been used as tools of intimidation, extortion and personal vendetta. The Supreme Court has now issued notice on a PIL demanding safeguards before more innocent men are destroyed by fabricated FIRs.
A Supreme Court bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi on February 26, 2026 issued notice on a PIL alleging misuse of criminal law through false complaints and fabricated FIRs. The petition filed by Advocate Ashwini Kumar Upadhyay claims that serious offences, including rape and SC/ST Act cases, are sometimes used to harass individuals due to personal rivalry or disputes.
During submissions, the petitioner cited examples, including a religious preacher who allegedly went into hiding after a “fake rape case” and the wrongful prosecution of former ISRO scientist Nambi Narayanan, to show long-term damage caused by false accusations. He argued that civil disputes often escalate into criminal litigation, stating, “A civil dispute becomes a criminal case,” and warned that such practices disturb social harmony.
The bench observed that the problem becomes serious when complaints are filed without the complainant’s knowledge, including cases involving forged signatures. CJI Surya Kant also referred to an instance where a woman informed the Court that a political leader named in her complaint was not involved, raising concerns about “money power or muscle power” influencing criminal proceedings.
He added that although the Court may be accused of “gagging”, it cannot ignore systemic abuse and must promote awareness about rights and responsibilities.
The PIL seeks preventive safeguards such as prominent “Display Boards” at public offices explaining penalties for false complaints, mandatory warnings to complainants before registration of cases, and affidavits confirming the truthfulness of allegations. The plea argues that false prosecutions violate Articles 14 and 21 by causing stigma, mental trauma and loss of liberty, while also burdening courts with frivolous litigation. While acknowledging that Chapter XIV of the Bharatiya Nyaya Sanhita, 2023 contains provisions against false information and evidence, the plea contends that absence of administrative safeguards has rendered these provisions ineffective. It argues that laws existing without operational mechanisms amount to arbitrary State inaction.
It further emphasises that false prosecutions themselves become punishment, causing stigma, mental trauma and reputational damage even when the accused persons are later acquitted.
The petitioner highlighted that courts are already overburdened due to fabricated cases and false complaints, yet authorities have not taken adequate steps to control these “menaces”. Taking note of the issues raised, the Supreme Court issued notice to the respondents and directed that the matter be listed for further consideration on 20.04.2026.
Explanatory Table: Laws And Provisions Involved
| Law / Provision | Purpose | How Applied In This Case |
| Article 14, Constitution of India | Equality before law and equal protection of laws | PIL argues that lack of safeguards allows selective and unequal application of criminal law |
| Article 21, Constitution of India | Protection of life and personal liberty, including dignity and reputation | Petition states that false criminal cases violate liberty, reputation and dignity even before acquittal |
| Bharatiya Nyaya Sanhita (BNS), 2023 – Chapter XIV | Penal provisions relating to false information and false evidence | Petition claims these provisions exist but lack operational enforcement safeguards |
| SC/ST Act, 1989 | Special law to prevent atrocities against SC/ST communities | Alleged in PIL to be misused in some cases for coercion or harassment |
| Rape Provisions under Criminal Law | Penal provisions dealing with sexual offences | PIL refers to alleged misuse through fabricated rape complaints |
| FIR Registration Framework (CrPC / Criminal Procedure) | Procedure for registration of criminal complaints | Petition seeks mandatory warning, affidavit, and display of penal consequences before FIR registration |
Case Details
- Court: Supreme Court of India
- Case Title: Ashwini Kumar Upadhyay v. Union of India & Ors.
- Case Number: Writ Petition (Civil) No. 209/2026
- Date of Order: 26-02-2026
- Coram / Bench:
- Hon’ble the CJI Surya Kant
- Hon’ble Mr. Justice Joymalya Bagchi
- Hon’ble Mr. Justice Vipul M. Pancholi
- Counsel for Petitioner:
- Mr. Ashwini Kumar Upadhyay, Advocate
- Mr. Ashwani Kumar Dubey, AOR
- Mr. Nikhil Upadhyay, Advocate
Key Takeaways
- False rape and SC/ST cases are increasingly being used as pressure tactics in personal disputes, turning criminal law into a weapon rather than a shield for justice.
- When a false FIR is filed, the process itself becomes punishment — arrest, social stigma, media trial and loss of reputation happen long before innocence is proven.
- Existing penal provisions against false complaints exist on paper, but without enforcement mechanisms they fail to protect innocent men from malicious prosecution.
- Mandatory warnings, public display of penalties and affidavits confirming truthfulness can act as basic safeguards to deter fabricated allegations.
- Protecting genuine victims is important, but safeguarding innocent citizens from false accusations is equally essential to ensure equality before law and real justice.
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