The current judicial system of Bangladesh is going through many crises, one of the most terrible forms of which is false cases. Innocent people are often trapped in false accusations and lose their honour, wealth, and way of lives.
Some choose to make accusations to satisfy their enmity, some to abuse their power, and some choose this method to harass others by exploiting loopholes in the law. This trend is not limited to personal harm; it is questioning the credibility and effectiveness of the entire judicial system.
When a person is accused in a case without committing an actual crime, they are socially isolated, their family ties weaken, and there is stagnation in professional life. It even has a serious impact on mental health. Society considers them guilty and shuns them, because the common people often do not understand the intricacies of the law -- they fail to distinguish between a true culprit and one who is the victim of a conspiracy.
Section 211 of the Bangladesh Penal Code contains clear provisions regarding false cases. If someone makes a false complaint about a person -- which is proven to be intentional or malicious -- then the complainant can be punished with imprisonment for a maximum of seven years and a fine.
But the actual implementation of this section is very weak. Law enforcement agencies frequently submit charge sheets without conducting proper investigation, resulting in innocent people having to endure years of harassment during the case.
The most terrible situations arise in false cases when the victim does not get bail. Sometimes the complaint is framed so horrifically and sensitively that the court hesitates to grant bail. In this case, the police report, witness information, and social pressure around them influence the court's decision. And once someone is imprisoned, their life goes through a terrible experience -- losing work, being separated from family, hindering children's education, and even losing their life partner.
People can be stuck with the case for years due to the long trial process. A person involved in a false case may one day be proven innocent, but by then precious time, energy, financial resources, reputation, and self-confidence are all gone. This protracted process gradually leads to mental destabilization. An innocent life is forced to live like a criminal in the eyes of the world -- this is the most cruel aspect of a false case.
False cases are often filed to harass the opponent for political purposes. Starting from public representatives to ordinary people, even journalists and human rights activists are victims of this conspiracy. Political interference destroys the impartiality of the judiciary. When a part of the administration becomes a slave to power, then false cases are not only a legal problem, but they also become a direct blow to democracy.
Not only is the individual harmed due to false cases -- their family is also socially humiliated. Neighbours, relatives, and friends often blame them instead of standing by them.
An innocent life is forced to live like a criminal in the eyes of the world -- this is the most cruel aspect of a false case
The situation is especially dire if the accused is a woman or a teenager. Their future marriage, education, and even their general mobility become difficult. Many drop out of school, college, university or workplace. They are identified as criminals in the eyes of society, and this stigma cannot be easily erased.
Victims of false cases fall into extreme depression, anxiety, insomnia, lack of confidence, and social isolation -- their mental health suffers greatly. Some even choose the path of suicide, because both society and the state stand against them. This terrible social crime of false cases takes away the will to live from an innocent person.
Bangladesh has a government-run legal aid program. However, there are questions about how effective this service is. Many do not know about this service, and even those who do know do not receive assistance despite repeated applications. Moreover, the lack of sincerity among lawyers working at the lower levels, the violence of brokers, and the slowness of government activities have made this service almost useless.
Although there is a way to seek legal redress, it is very difficult in reality. Many times, an innocent person does not want to file a defamation case or a case under Section 211 of the Penal Code against the complainant, because it means going through a new legal process, which creates more time, money, and mental stress. As a result, most victims remain silent without seeking legal remedies, which encourages others to continue this abuse.
A notable example is that despite repeated instructions from the High Court, there is reluctance to take action against those who make false allegations in the police investigation report or complaint. One statistic shows that about 20-25% of cases are not proven true every year. In 2021, one statistic showed that there were more than 5,000 people in different districts of the country against whom the cases filed were later proven false -- but none of them received proper compensation.
The joint responsibility of the state and society is very important to overcome this situation.
First, the impartiality of the police and investigative agencies must be ensured.
Second, the courts must be more aware of the possibility of false cases.
Third, there must be strict punishment for false accusers, so that no one can misuse the law as they wish in the future.
Fourth, it is important to implement the rehabilitation and compensation law for the victims.
Fifth, the media must come forward to speak out against such injustice.
Finally, it can be said that the judicial process is the last hope of the people. If abuses like false cases continue there and innocent people are persecuted as guilty, then the failure of the state to fulfill its basic duties becomes clear.
To establish justice, it is necessary not only to suppress crime, but also to prevent the culture of false accusations. And for that, effective law enforcement, impartial judicial vision and public awareness are needed -- so that no innocent person is ever trapped in the net of the law.
Surja Mandal is an LLB student, Department Of Law, World University Of Bangladesh.
