Enact practical law to curb false, frivolous cases

The Judiciary Reform Commission has recommended enacting a practical law to prevent false and vexatious cases, citing that such cases and the resulting sufferings of the accused are common in Bangladesh's legal system.

"The number of false cases increases with political changes. Additionally, various laws are often misused and misapplied. In reality, false information, exaggerated claims, and unexplained truths are present in almost all types of cases, both civil and criminal," the commission stated.

"While the Penal Code and the Code of Criminal Procedure (CrPC) include provisions for punishing those who file false cases, these laws are rarely enforced. As a result, the judiciary bears the burden. To ensure an effective judicial system, immediate and practical steps are necessary, considering both past experiences and current realities," said the commission in its 351-page final report, submitted to Chief Adviser Prof Muhammad Yunus on February 5.

The commission noted that creating a new general law or amending 15-16 existing laws separately would be complex and time-consuming. Therefore, a comprehensive and practical law should be formulated to prevent false and harassing cases after thorough examination and consultation with stakeholders.

The report recommended that the home ministry direct the police not to arrest accused individuals if there is sufficient reason to suspect that the case is false or intended for harassment. Arrests should also be avoided if an unusually high number of accused are listed in the First Information Report (FIR) and no specific role of an accused is mentioned.

Additionally, the law ministry could instruct public prosecutors, court inspectors, and sub-inspectors not to oppose bail for accused individuals in cases suspected to be false or harassing, the commission also said.

The commission suggested inserting a provision similar to Section 250 of the CrPC, which deals with false and frivolous accusations, into Chapter 23 of the code. It also recommended increasing fines and compensation mentioned in Section 250.

Furthermore, the Supreme Court could issue a practice direction under Chapter IIIB of the High Court Division Rules. If a complaint is brought before a Magistrate's Court under Section 200 of the CrPC, in which the majority of the accused indivisuals are not explicitly linked to the alleged incident, the magistrate should ensure a proper investigation before taking cognisance of the case.

To prevent real culprits from being spared due to collusion with the police, the commission proposed forming a high-powered task force in every division to oversee such matters.