False Accusation under Bangladesh Criminal Code

False Accusation:

            When the accused is discharged or acquitted by the Magistrate with the opinion that the accused is false and either frivolous or vexatious, it is called false accusation.

Difference between Punishment and Remedy:

            Punishment is applicable in criminal nature case, when the guilt is proved beyond reasonable doubt.

            Remedy is applicable in civil nature case.

            Punishment is to cause suffer to the accused for doing wrong. Where remedy is to recover the rights of the plaintiff from the defendant .

Difference between Compensation and Fine:

            The amount of compensation is paid to the aggrieved party. Where the amount of fine is paid as revenue to the state.

Penalty for false accusation:

            A Magistrate may direct a false accuser to pay compensation up to 1000tk. In default of payment he shall be imprisoned up to 30 days.

            The Magistrate may further order the person to pay compensation up to 3000tk or to suffer imprisonment up to 6 months.

Appeal against the order to pay compensation:

            A complainant , ordered to pay compensation, may appeal to the Session Judge Court, when it exceeds 100tk.

The content of this document is discussed under the CrPC 1898, Bangladesh.

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