Delhi High Court Slams Police for Fabricated FIR Phrases: Calls ‘Haath Mara’ a Gross Misuse of Law
Judges Warn Against Conjured Averments That Distort Complaints
Court Urges Police Stations to Ensure Accuracy and Fairness in FIRs
By Our Legal Reporter
New Delhi: January 02, 2026:
The Delhi High Court has come down heavily on the police for their practice of inserting conjured averments like “haath mara” in complaints of assault or outraging the modesty of women. Justice Neena Bansal Krishna observed that such fabricated language, not endorsed by complainants, amounts to gross misuse of law and undermines the credibility of the criminal justice system.
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The ruling came while hearing a petition to quash an FIR registered against two men accused of assaulting a woman event manager. The complainant herself stated she had no objection to quashing the case, but the Court noted the disturbing trend of police routinely adding phrases that exaggerate allegations.
Background of the Case
- The FIR was registered under provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, including sections related to assault and outraging modesty.
- The complainant alleged that the accused, under the influence of alcohol, assaulted her and pressured her to dance.
- However, the FIR contained the phrase “haath mara”, which the complainant had not used.
- The Court quashed the FIR after settlement but highlighted the systemic misuse of language in police complaints.
Court’s Observations
Justice Neena Bansal Krishna made several key points:
- Routine Misuse: “It is unfortunate that in every FIR under Section 354, typically the words ‘haath mara’ are being written, which is not endorsed by the complainant.”
- Gross Misuse of Law: Such practices distort genuine complaints and inflate charges.
- Need for Introspection: Police stations must review their procedures and ensure FIRs reflect only what complainants state.
- Directive to Police: The Deputy Commissioner of Police was asked to ensure fabricated averments are not inserted in future FIRs.
Why This Matters
- Credibility of FIRs: FIRs are the foundation of criminal proceedings. Fabricated language undermines trust in police records.
- Rights of Accused: False or exaggerated averments can lead to wrongful charges and harassment.
- Justice for Victims: Genuine victims may lose credibility if police routinely exaggerate complaints.
- Judicial Oversight: Courts must step in to correct systemic misuse and protect fairness.
Broader Legal Context
- Section 354 IPC / Section 126 BNS: Deals with assault or criminal force to a woman with intent to outrage her modesty.
- Judicial Precedent: Courts have repeatedly stressed that FIRs must reflect the complainant’s words, not police imagination.
- Police Accountability: This ruling adds to calls for reform in FIR drafting and police training.
Comparative Perspective
Globally, similar concerns exist:
- US & UK: Police reports must strictly reflect complainant statements; fabricated language can invalidate cases.
- India: The Delhi HC ruling aligns with international norms, emphasizing accuracy and fairness in criminal complaints.
Implications of the Ruling
- For Police: Strong warning to stop inserting generic phrases in FIRs.
- For Courts: Reinforces judicial vigilance against misuse of law.
- For Society: Builds confidence that justice will be based on truth, not exaggeration.
- For Victims: Ensures their voices are recorded faithfully, without distortion.
Risks and Challenges
- Systemic Habits: Police may continue using stock phrases unless reforms are enforced.
- Training Needs: Officers must be trained to draft FIRs accurately.
- Oversight: Supervisory officers must monitor FIR language to prevent misuse.
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Conclusion
The Delhi High Court’s ruling against the police practice of inserting phrases like “haath mara” in FIRs is a landmark step in protecting fairness and accuracy in criminal justice. By calling this a “gross misuse of law,” the Court has sent a clear message: complaints must reflect the truth, not fabricated averments.
This judgment strengthens both victim rights and accused protections, ensuring that justice is based on genuine statements, not police exaggeration. It is a timely reminder that credibility of law enforcement depends on honesty and accuracy at every stage.
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