False cases and suffering of the people in Bangladesh

One of the major limitations of Bangladesh’s legal system is that false cases often go unidentified, and those who file them are frequently not punished at the outset. Upon reviewing the current court cases in our country, it is evident that a significant number of them are fraudulent and unjustified. These cases are primarily filed to harass the opponents on an individual basis. The majority of these cases revolve around land disputes and allegations of violence against women. In certain cases, even fraudulent murder charges are filed.
In rural areas of Bangladesh, there are several unscrupulous individuals within the legal profession who encourage others to file false cases. If anyone finds themselves in confrontation with these dishonest legal professionals, they often retaliate by instigating false cases against them. In most cases, the victims suffer because of their lack of education, financial instability, and limited knowledge of Bangladesh’s legal system. In some cases, many victims have been left completely destitute.
For instance, a long-standing dispute over land and property between two parties within the same family or group can be cited. One party, being financially stable, filed several harassing false cases against the other in an attempt to cause difficulties. Due to their insufficient knowledge of the legal process, the affected party encountered numerous difficulties in handling these cases.
On the other hand, in cases related to dowry and violence against women, false cases are often frequently filed. It is often observed that when discord arises between a husband and wife, false cases are filed against the husband, as well as his mother-in-law and sister-in-law. In such cases, many unscrupulous lawyers advise them that including additional family members will make the case more effective.
Additionally, it is a common practice at the local level to file false and baseless cases rooted in personal disputes. In the political arena, filing cases to harass opposing political leaders and activists is a common occurrence within political culture of Bangladesh. We often see political parties resorting to false cases as a means to harass their opponents. In many cases, individuals are granted immunity
from these charges in exchange for money.
In some instances, law enforcement agencies intimidate individuals by threatening to file harassing false cases or use such cases as tools to trouble them. False and baseless cases can be extremely distressing for an ordinary person. In such cases, an individual can easily become accused, detained, and subjected to harassment. It is often observed that many individuals are arrested and remain in jail for years before their cases even go to trial, causing significant financial and emotional damage to their families. Primarily, it is the poor, vulnerable, and marginalized individuals who face such cases, which are fundamentally part of a vicious cycle of power and manipulation.
In Bangladesh, the legal provisions for addressing false and baseless cases are inadequate for ensuring justice and peace. Magistrates are seldom seen exercising the powers granted to them in these matters. Moreover, due to a lack of adequate legal knowledge and fear of harassment, many victims refrain from seeking legal assistance even when false cases are filed against them.
Bangladeshi law includes provisions for punishing those involved in false, baseless, and vexatious cases. According to Sections 250 (1) and (2) of the Code of Criminal Procedure 1898, if the charge is found to be untrue and baseless, the court may order the complainant to compensate the accused. However, the compensation is so minimal that it fails to have a significant impact on the false accuser. This compensation is generally capped at one thousand taka, or five hundred taka if the magistrate is of the third class. Additionally, outside of special laws, Sections 182 and 211 of the Penal Code 1860 provide for fines for those who file a First Information Report (FIR) or fraudulent criminal cases. In Bangladesh, effective laws and their proper implementation are essential to prevent fake and baseless cases. Otherwise, preventing the harassment of ordinary, impoverished individuals will be challenging. Ordinary people are primarily most fearful of harassment from false cases initiated by unscrupulous individuals at the local level.
Additionally, if miscreants are discouraged from filing such cases, the burden of one-third of the cases in court will be reduced. There is no alternative to stopping false cases if we aim to establish human rights in Bangladesh. Therefore, the government should prioritize measures to ensure that helpless individuals can obtain relief from such cases. Otherwise, it will be impossible to establish the rights, equality, and justice of the people in an independent and sovereign Bangladesh.