12/07/2026
In India, filing a false criminal case against someone carries almost no risk.
The person you accused pays everything. Years of their life. Money. Reputation. Sometimes months behind bars. The social stigma that follows even after acquittal.
You pay nothing if the case fails.
Look at the numbers under Section 498A- the law against cruelty by husband and in-laws.
Charge-sheeting rate: 93.6%. Conviction rate: 15%- the lowest across all criminal heads. Out of 3,72,706 cases pending trial, nearly 3,17,000 are likely to result in acquittal.
In 2012 alone, 1,97,762 people were arrested under this provision.
These are not my numbers. These are the Supreme Court's numbers. From Arnesh Kumar v. State of Bihar. 2014. Twelve years ago.
At the end of years of litigation, what does the acquitted person receive?
A piece of paper that says not guilty.
No compensation. No accountability for the person who filed the complaint. No consequence for initiating a case that should never have been filed.
This is exactly the gap that a law on Malicious Prosecution would fix.
It would hold a person accountable for initiating a false complaint- one filed not to seek justice but to harass, to pressure, to destroy.
India does not have a standalone law on this. The remedy exists in civil law but it is rarely used, rarely awarded, and almost never strong enough to deter anyone.