Mandatory punishment for filing false cases: A landmark provision

The Interim Government's Advisory Council has recently approved the Criminal Procedure Code (Amendment) Act 2025, which includes a groundbreaking provision for mandatory punishment in cases of proven false litigation. The revised law, proposed by the Ministry of Law, states “If a case is proven to be false for any reason, the complainant must be mandatorily punished with up to two years of imprisonment and a maximum fine of one lakh taka.”

Legal experts have welcomed the provision, describing it as a significant step toward ensuring the rule of law. They believe it will help reduce the number of false and harassing cases.

According to sources at the Ministry of Law, the number of false or fabricated cases has recently risen across the country. Preliminary investigations in various cases have confirmed this trend. In many instances, innocent individuals have been falsely implicated—either due to personal vendettas or for monetary gain. These concerns prompted the inclusion of strict provisions on false cases in the 2025 amendment of the Criminal Procedure Code.

The amendment specifically states “If any individual or institution files a false case or names an innocent person as an accused in a legitimate case, and this is proven, then the complainant shall be mandatorily punished with up to two years of imprisonment and a fine of up to one lakh taka.”

In contrast, the previous law had a more lenient approach. It stated that if a person or institution filed a false case or falsely implicated someone in a genuine case, and if this was proven, the victim could file a case against the complainant. The punishment in such instances was up to one year of imprisonment and a fine of fifty thousand taka, and it was contingent on the victim filing a separate complaint.

The law ministry sources added that the amendment also limits the police's unchecked powers under Section 54. From now on, a cognizable offense must occur in front of the police or there must be clear and documented reasons for police satisfaction regarding the suspect’s involvement. Police officers must record their justification for an arrest and must disclose their identity during the arrest. Additionally, they are now required to fill out an Arrest Memorandum, which includes a checklist ensuring the detainee’s legal protections. This form must be presented before a magistrate along with the arrested individual.

Furthermore, the detainee’s family must be informed as soon as possible—within 12 hours at the latest. The arrested person must be allowed to meet with a lawyer. If the person in custody becomes ill or injured, they must be examined by a doctor to determine the cause and be given appropriate treatment. If police are found responsible for the injury, there will be provisions for action against them.

Importantly, the revised law stipulates that police remand cannot exceed 15 days under any circumstances, whereas previously, there was no specific limit. Courts will also now have the authority to issue necessary orders for the protection of witnesses and victims, and can cover witnesses' necessary expenses. Regardless of the agency carrying out an arrest, it must be recorded in the relevant police station's general diary. Every police station and district or metropolitan police headquarters must display daily arrest records.

Commenting on the development, Ahsanul Karim, a senior lawyer at the Supreme Court, said “False and harassing cases have surged significantly. A police investigation from last June confirmed this. In such a context, amending the Criminal Procedure Code to impose mandatory punishment on complainants of false cases is both justified and necessary. This will play a crucial role in upholding the rule of law in the country.”

Manzill Murshid, president of the Human Rights and Peace for Bangladesh and a senior Supreme Court lawyer, also told Views Bangladesh “At times, people knowingly file false cases. In other instances, innocent individuals are named as accused in real cases. Both are heinous acts. Such cases can ruin innocent lives. Therefore, a provision for mandatory punishment for filing false cases was essential. Had this been done earlier, the recent rise in fabricated and ghost accusations might have been prevented.”

Prominent human rights activist Elina Khan echoed this sentiment, saying “The amendment introducing mandatory punishment for proven false cases will contribute significantly to establishing the rule of law. This will likely reduce the trend of filing false or ghost cases and the wrongful implication of innocent individuals.”

Attorney General Mohammad Asaduzzaman said “A recent police report revealed a sharp rise in false and ghost cases across the country. In many instances, innocent people were named as accused out of enmity or to extort money by threatening to remove their names from the case. To address this and ensure justice, the government has approved the 2025 amendment mandating punishment for those who file false cases. I believe this will play an extremely important role in ensuring fair justice.”