The Price of a False Accusation: Criminal Liability for False Reporting in the UAE

Introduction

Imagine waking up to discover that someone has reported you to the police for a crime you never committed. Your reputation is suddenly at risk, your family is worried, and you may find yourself answering questions about allegations that should never have existed. Even if the truth eventually comes out, the experience can leave lasting consequences.

Now consider the other side: what happens when the person who made the accusation deliberately invented the story?

In the UAE, making a false report is not simply irresponsible behaviour. It can amount to a criminal offence in its own right. While individuals must remain free to report genuine wrongdoing, the law also recognises the need to protect innocent people from fabricated allegations and deliberate abuse of the justice system.

When Does a False Report Become a Crime?

The principal provisions governing false reporting are Articles 324 and 325 of Federal Decree-Law No. 31 of 2021, Promulgating the Crimes and Penalties Law.

Article 324 addresses reports made to judicial or administrative authorities concerning non-existent or false incidents or dangers, as well as reports of crimes that the person knows have not been committed. The offence carries a penalty of incarceration for up to six months and/or a fine.

Article 325 addresses more serious situations. It penalises anyone who, falsely and in bad faith, informs the authorities that another person has committed an act punishable under criminal or administrative law. Importantly, the offence may be established even if the false report does not result in criminal or disciplinary proceedings.

The provision also covers falsely attributing material evidence to a crime or causing legal proceedings to be initiated against someone known to be innocent.

The distinction is important: the law addresses not only fabricated incidents but also deliberate attempts to use legal proceedings against another person.

A Mistaken Complaint Is Not Necessarily a Criminal Offence

Not every unsuccessful complaint amounts to false reporting.

A person may genuinely believe that a crime has occurred, report it to the authorities and later discover that the available evidence does not support the allegation. Similarly, an investigation may conclude without a conviction. Neither circumstance automatically establishes criminal liability on the part of the complainant.

The critical consideration under Article 325 is whether the report was false and made in bad faith. The provision also specifically addresses situations involving a person who is known to be innocent.

Consider a business dispute in which one party genuinely suspects that funds have been misappropriated. The party approaches the authorities and submits the available documents. If the investigation later establishes that no crime occurred, this does not, by itself, make the complaint criminal.

The position is different if the same individual knowingly invents transactions, fabricates evidence or deliberately accuses the other party despite knowing that the allegation is untrue.

The law therefore draws an important line between exercising the right to report suspected wrongdoing and deliberately abusing that right.

The Consequences Can Be Severe

The consequences under Article 325 can extend well beyond an ordinary penalty.

Where the falsely reported offence amounts to a felony, the law provides for both incarceration and a fine. Further, if the false report results in the imposition of a penalty prescribed for a felony, the person responsible may be subjected to the same penalty imposed.

This reflects the seriousness with which UAE law treats deliberate attempts to manipulate criminal proceedings.

A fabricated allegation can affect a person’s liberty, employment, professional standing and personal relationships. The consequences for the person making the allegation can therefore be considerably more serious than the inconvenience caused by an unsuccessful complaint.

Can a Person Falsely Accused Claim Compensation?

Criminal liability is not the only possible consequence.

Article 26 of Federal Decree-Law No. 38 of 2022, Promulgating the Criminal Procedures Law, addresses compensation for false accusations. It allows an accused person to claim compensation for damage suffered as a result of a false accusation made by the reporting person or victim.

The criminal court may also award compensation against a person convicted of perjury or making a false report, upon the accused person’s request.

This provides an additional legal avenue for individuals who have suffered harm because someone deliberately misused the reporting process. However, compensation is not automatic. The accused must pursue the claim before the competent court, which will consider the circumstances and the damage suffered.

Why Evidence and Intent Matter

False reporting cases often involve more than determining whether an allegation was ultimately proven. The circumstances surrounding the complaint, statements made to the authorities, documentary records and evidence suggesting deliberate fabrication may all be relevant.

Messages, emails, financial records, CCTV footage and witness statements may help establish what actually happened. Where fabricated documents or physical evidence are involved, their origin and authenticity may become particularly important.

Anyone who believes they have been falsely accused should preserve relevant records, avoid retaliatory communications and seek appropriate legal advice before taking further action.

Equally, anyone considering filing a criminal complaint should ensure that the information provided is truthful and that allegations are made responsibly, based on the facts available.

Protecting the Integrity of Justice

The ability to report a crime is essential to the rule of law. People should never be discouraged from approaching the authorities when they genuinely believe an offence has occurred. However, that right should never become a weapon for settling personal scores, damaging reputations or placing innocent individuals under criminal suspicion.

Conclusion

Articles 324 and 325 of the UAE Crimes and Penalties Law reinforce a fundamental principle: the justice system exists to investigate the truth, not to provide a platform for manufacturing it. Ultimately, making an accusation is a serious responsibility. Deliberately making a false one can carry a price of its own.

For individuals facing false criminal accusations or seeking legal guidance on malicious complaints in the UAE, AY Advocates provides legal advice and representation in criminal matters, including false reporting, defence against unfounded allegations and related compensation claims. Contact the firm to understand your legal rights and available remedies.