New Delhi, Feb 14 (NationPress) A public interest litigation (PIL) has been submitted to the Supreme Court requesting that both the Centre and state authorities install "display boards" at police stations, court complexes, and public offices. These boards would emphasize the penal provisions and penalties associated with filing false complaints, making false charges, and presenting fabricated evidence.

The petition, brought forth by advocate Ashwini Kumar Upadhyay through advocate-on-record Ashwani Kumar Dubey, argues that these preventive measures are crucial to uphold the right to life, liberty, and dignity of innocent individuals as stipulated in Article 21 of the Constitution.

The request specifies that these display boards should be positioned at all police stations, tehsil and district court premises, panchayat bhawans, municipal offices, and educational institutions, clearly outlining the provisions and penalties for false complaints, false charges, false statements, false information, and false evidence.

The petitioner has also requested that authorities inform complainants about the legal repercussions of filing false complaints prior to registering an FIR or accepting any complaints.

"Authorities must alert the complainant regarding the penalties for false complaints, false charges, false statements, false information, and false evidence before accepting the complaint, to protect the freedom of speech and expression of innocent citizens," the petition asserts.

Moreover, the petition seeks orders for authorities to obtain a written undertaking or affidavit from complainants, confirming that the statements made in the complaint, information, statement, evidence, and charges are accurate, in order to mitigate frivolous litigation and malicious prosecution.

Referencing data from the National Crime Records Bureau (NCRB), the plea highlights a significant discrepancy between registered cases and convictions under various special criminal laws, with acquittals appearing in disproportionately high numbers.

"This statistical trend indicates a systemic issue of false complaints, false charges, and fabricated evidence inundating the criminal justice system," the petition states.

Quoting the Law Commission's 277th Report, the petitioner argued that false charges, fabricated evidence, and wrongful prosecutions are primary contributors to miscarriages of justice and violations of Article 21.

The report indicated that available remedies are "episodic, uncertain, and ineffective" and that a large portion of undertrials ultimately achieve acquittal after prolonged periods of incarceration.

The plea also noted that despite the introduction of Chapter XIV of the Bharatiya Nyaya Sanhita, 2023, the lack of any administrative or preventive mechanisms has rendered these provisions largely ineffective.

It further claimed that the unchecked misuse of criminal law instills a chilling effect on the freedoms guaranteed under Article 19, including free speech, movement, and the right to pursue trade and profession, as fear of malicious prosecution stifles legitimate dissent and enterprise.

"False complaints and malicious prosecutions turn the criminal process itself into punishment, resulting in loss of liberty, social stigma, mental trauma, and irreversible damage to reputation, even when cases conclude in acquittal," the petition noted, adding that speedy trials and the presumption of innocence lose relevance when false cases proliferate unchecked.

The petitioner emphasized that the judiciary is encumbered due to false complaints, false charges, and fabricated evidence, asserting that neither the Centre nor the states have taken effective measures to address this issue, thus necessitating judicial intervention by the Supreme Court.