FALSE CASE AND VEXATIOUS LITIGATION AND ITS IMPACTS IN THE SOCIO-LEGAL PERSPECTIVE IN INDIA: PROBLEMS & SOLUTIONS

Abstract

Instant article discusses about the bitter phenomena of filing of the false criminal case and vexatious civil litigation before the subordinate courts in India with some ulterior motive and malicious intention by the unscrupulous complainant/plaintiff against the innocent accused/defendant making him or her prey of their some unlawful interest without any legal justification. The article also highlights the causes and adverse impacts of such a mischievous tendency in the perspective of socio-legal fabric of India and thereby also highlights the available laws and judicial decisions of the higher courts in India in these respects for the prevention of such a dishonest act of falsification. Lastly, the article puts some suggestions to curve and control such type of malicious practices by making appropriate laws and adopting some commensurate policies by the concerned stakeholders in this regards including providing adequate compensatory measures to the victim of such a falsehood.