2 Answers
Dear Client, as per your query, as an accused party, you have the right to file a counterclaim or sue the individual who filed the case against you. Provided you have credible evidence to prove the charges are false, malicious, or fabricated. False charges of dowry harassment, sexual assault, or land disputes are punishable offenses in India. I hope this answer is helpful. In case of further queries, please do not hesitate to contact us.
Thank You.
Dear Client,
A counter file means lodging a police complaint or FIR alleging cognisable offences by the complainant or by filing a civil suit later. If you possess credible evidence that the original complaint was false, malicious or accompanied by dishonest or threatening conduct, it is appropriate to counter-file. You can file a police complaint alleging offences that you can substantiate. You may seek anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 or regular bail under Section 478 of the BNSS along with quashing of the FIR. If the FIR was lodged against you without probable cause, you may file a civil suit for malicious prosecution.
If you are an accused in a criminal case, the need to file a counter or written reply to the victim’s complaint generally does not arise in the same way as in civil proceedings. Once an FIR is registered and an investigation is completed, the police file a chargesheet under BNSS procedures. Then, the prosecution conducts the case. The accused usually responds through legal arguments, cross-examination of witnesses, and defence evidence, rather than by filing a written counter. In bail applications, applications filed by the complainant or prosecution, discharge applications or quashing of petitions, an accused may file a written reply or objection. If you have any further queries, feel free to reach out.