FALSE ACCUSATIONS OF RAPE: THE NEED FOR BALANCING JUSTICE FOR VICTIMS AND THE ACCUSED

Author: SNEHA AMARNATH VARMA, KES SHRI. JAYANTILAL H. PATEL LAW COLLEGE

Edited By: Ritesh Singh Shekhawat, MJRPU, Jaipur

INTRODUCTION

“Your word against mine: The war for justice over false rape allegations”-By Claisse Opulencia

Rape is one of the most villainous crimes and violation of human rights that occurs all over the world. In India rape is defined under Section 375, Indian Penal Code, 1860[1]. It is a sexual assault that involves forced and non-consensual sexual intercourse, which affects the lives of the victims by giving them lifetime trauma. Victims of rape suffer from sexual violence, which results in depression, physical injuries, mental trauma such as post-traumatic stress disorder (PTSD), etc.

There are many laws made by legislators to protect rape victims and safeguard the dignity of survivors. However, these laws are misused by some individuals leading to the false accusation of rape. In our society, fake rape allegations can have a ruinous effect on accused men. Society sympathizes with the woman and sees accused men as a rapist without questioning the validity of her allegations, which can affect falsely implicated men’s mental health, reputation, and professional life. This article explores the issues of repercussions of false allegations of rape on men and balancing the fair legal trail to ensure justice for both genuine victims and innocent men.

In India, rape cases are taken seriously, but the laws made for securing victims are being misused as armament to harm the character of men and to blackmail them. Executions of the legal remedies handed by Sec 211 of IPC, 182 of IPC, Sec 195 of IPC, and Sec 196 of IPC for fake allegations are unskilful. This composition highlights how shy these laws are in precluding fake rape allegations. The misuse of laws highlights the urgent need to bring legal reforms to protect and balance justice for both genuine rape victims and wrongly implicated men.

KEYWORDS

Rape, sexual violence, Fake allegations, Sec 211 of IPC, 182 of IPC, Sec 195 of IPC, Sec 196 of IPC, mental health, legal reforms.

LAWS

In India, Section 375 of the Indian Penal Code, 1860   deals with rape. According to this, a man commits rape when he penetrates his penis, to any extent, into the vagina of women without her consent. There are four clauses under sec 375 of IPC.

According to Clause (a) of sec 375 of IPC, when a man penetrates his penis, to any extent into the vagina, mouth, urethra, or anus of a woman without her consent or forced to do the same with another person, he is liable for rape.[2]

According to Clause (b) of sec 375 of IPC, when a man inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra, or anus of a woman or forces to do the same with another person he is liable for rape. [3]

According to Clause (c) of sec 375 of IPC, when a man manipulates any part of the body of a woman to cause penetration into the vagina, urethra, anus, or any part of the body of such woman or forces her to do same with another person, he is liable for rape.[4]

According to Clause (d) of sec 375 of IPC, when a man applies his mouth to the vagina, anus, or urethra of a woman without her consent or is forced to do the same with another person, he is liable for rape. 

Acts defined under these four clauses of Section 375 of the Indian Penal Code must be committed under any of the seven descriptions:

  • Against her will
  • Without her consent
  • Consent is obtained by putting her in fear of death or hurt.
  • Her consent is given to that person because she believes herself to be lawfully married.
  • While giving her consent she is in unsound mind or intoxicated.
  • Consent is given under eighteen years of age.
  • The girl is unable to communicate.

Section 376 of the Indian Penal Code, 1860 deals with the punishment for rape which is ten years and can extend to life imprisonment and fine. Now, this section is replaced by Section 64 of Bhartiya Nyaya Sanhita, 2023.

MOTIVES

Rape is one the most severe and horrendous crimes, which should not be misused by an individual for personal benefit. Yet, in India, there have been numerous fake rape cases of men. There are various reasons and motives behind filing fake rape cases, such as revenge, blackmail, to gain sympathy, family pressure, damage to reputation, financial gain, etc.

A clear example of blackmailing and threatening for money would be the case of a Gurugram woman, who filed 7 rape cases against 7 men now held for ‘extortion’[6]. A young girl of 20 years was arrested on a complaint made by the mother of one the man she had falsely accused of raping. The complainant stated that this girl blackmailed and threatened them for money. She used to threaten them by making them choose between giving money or getting that man married to her.

In this case, it was discovered that this girl was running a gang aiming at extorting money by falsely accusing men of rape. She had filed seven different cases on seven different men in different police stations in 14 months beginning in September 2020. The repercussions of these allegations are beyond legal battles. These false allegations have damaged not only the falsely implicated man’s reputation but their families too. Fake allegations about man not only destroy their lives but also their families. One of the best examples of this is the case of Santosh Kumar Rajput, Father of three, who commits suicide due to false rape allegations[7]. Santosh, 40 years old man and father of three children was falsely accused of rape.

During the investigation, all the allegations were proven false, but the woman did not stop there. She went to district headquarters and filed an FIR. All allegations made against Santosh were denied, but his reputation and mental health were badly affected. Santosh hanged himself in his house because of the constant pressure and increased tension against him in society. In further investigation, it was found that the woman had previously filed three cases against three men for raping and threatening to burn herself with acid.

This incident not only shattered his family but also questioned the credibility of real-life victims of sexual assault. The fake allegation about men not only destroys their lives but has an impact on their families, societies, and communities, as we can see in this case that Santosh’s wife, Ram Kumari, has the burden of raising their three children. The seriousness of rape cases demands strict investigations, but these false claims can lead to mistrust of all the allegations. Such fake cases can affect the lives of genuine victims who are already facing numerous challenges and hurdles in seeking justice.

CONSEQUENCES OF FAKE ALLEGATIONS

There are multitudinous goods in the life of a person who’s falsely intertwined. A person loses his character and respect in society once a woman accuses him of rape. It can be said that a wrongfully intertwined person loses his character before he’s condemned, and indeed after he’s set free, he has to deal with numerous challenges and hurdles in life. Many of the consequences faced by them are social life, severance, suicidal studies, internal trauma, depression, fiscal consequences, and damage to character.

The accused often faces instant ostracization from the society. Even if he is proven innocent, the mark of being accused as a rapist can linger frequently. Families of accused are being judged and discriminated against by society, which can lead to constant stress and mental trauma. The accused, as well as his family, face severe damage to their reputation. Supreme Court of India, while acquitting a man in a case for rape after 23 yrs, said that a false allegation of rape causes equal torture, demotion, and damage to the indicted.[8]

Stress and anxiety connected with a person defending oneself against false allegations can lead to depression, post-traumatic stress complaint (PTSD), and suicidal tendencies indicted also faces violent pressure during a disquisition or interrogation which can affect his internal health. One illustration of this is the case of Chirag Varaiya, a 46-year-old Chartered Accountant. Chirag ended his life by committing suicide at a resort in Igatpuri on Jan 29, 2023. He left a four-page suicide note alleging that he was forced to end his life because of the harassment of the police in the false rape case reported by his colleague and her husband.[9]

False allegations not only affect the families and accused but also question the integrity of the legal system. Chirag’s case highlights the need for a more balanced approach in dealing with such serious cases and allegations to ensure fair justice.

In India men committing suicide because of fake allegation is a serious issue. The repercussions of the false allegation extend beyond the individual to affect the entire family. An example that underscores the harsh reality is the case of Deepak Sangwan. Deepak was a differently able person who shot himself in the neck after a woman and his father filed a false rape case against him. Before ending his life, he left a suicide note which claimed that woman and his father had taken 2 lakhs from him, and when he asked for his money, the woman’s father threatened to file a fake rape case.

Later, when Deepak filed a complaint against them over a bounce of a check, the woman filed a fake case against him. After his death, his family was facing financial issues and was also being harassed.[10]  The consequences of fake rape cases can cause numerous problems in the family of the accused and society. It is important to ensure a balance between the genuine victims and falsely implicated persons to prevent the misuse of laws.

Ensuring justice for both the wrongfully implicated person in a rape case and a real-life victim is a challenging task for our judicial system. The recent decision by Uttar Pradesh’s Bareilly court to sentence a woman for making fake rape allegations about a man and a fine of over 5.8 lakh rupees. The girl was convicted under section 195 of the Indian Penal Code, 1860[11]  for making fake allegations against Ajay Kumar and sentenced to 1653 days, the exact duration for which Ajay was behind bars,[12] is the best example that it is important to give justice to the real-life victims of rape but it is equally important to ensure that justice is given to the person who is wrongfully implicated in the rape cases and to hold a person liable who misuses the legal system.

REMEDIAL MEASURES

There are certain laws and corrections made for false allegations, including fake rape cases. In India, these laws are covered under the Indian Penal Code, 1860, which has been lately streamlined to Bhartiya Nyaya Sanhita, 2023.

Many of the laws are:

  • Section 182 of IPC deals with False information with the intent to beget a public menial to use his legal power to the injury of another person. [13]
  • Section 211 of IPC deals with a false charge of offense made with intent to injure. [14]
  • Section 191 of IPC, deals with giving false substantiation. [15]
  • Section 200 of IPC, deals with using as true similar protestation knowing it to be false. [16]
  • Section 195 of IPC, deals with giving or fabricating false substantiation with intent to land a conviction of an offense punishable with imprisonment for life or imprisonment.[17]

With the help of these laws falsely intertwined person can clear his name from fake cases and also ensure that the person filing fake cases is penalized. The most important principle to ensure justice is that a person should be considered innocent until proven shamefaced. This presuming will prevent people from not being falsely penalized without proper substantiation and that trials are fair. This idea comes from the Latin sentence, “Ei incumbit probatio qui dicit, non qui negat,” which means that the burden is on execution to prove that the indicted person is shamefaced rather than the indicted proving his innocence. Using this testament, we can keep the integrity of our judicial system.

CONCLUSION

Rape is a serious offense; it’s important to give justice to the victims, but contemporaneously, it’s important to make sure that our judicial system doesn’t unintentionally beget detriment to the innocent existent. To achieve this our judicial system should be careful while dealing with similar serious cases.

Balancing justice for real victims and securing the rights of those who are wrongfully intertwined is necessary. The principle of ‘INNOCENT UNTIL PROVEN GUILTY’ should be upheld to help unlawful detriment. One of the main questions that arise is “Is it necessary to introduce some specific and strict laws that deal with fake rape cases and to discourage the form of fake rape cases while guarding the rights of the real-life victims?”

REFERENCES

[1] Indian Penal Code, 1860, s375.

[2] Indian Penal Code, 1860, s375, Indian Kanoon, < https://indiankanoon.org/doc/623254/ >, accessed 20th August, 2024.

[3] Indian Penal Code, 1860, s375, Indian Kanoon, < https://indiankanoon.org/doc/623254/ >, accessed 20th August, 2024.

[4] Indian Penal Code, 1860, s375, Indian Kanoon, < https://indiankanoon.org/doc/623254/ >, accessed 20th August, 2024.

[6] Bismin Taskeen, ‘Gurugram woman, who filed 7 rape cases against 7 men now held for ‘extortion’’, 30th December 2021. < https://theprint.in/india/gurugram-woman-who-filed-7-rape-cases-against-7-men-now-held-for-extortion/791646/ > accessed 20th August, 2024.

[7] ‘Father of three commits suicide due to false rape allegations’, (Voiceformenindia), 22nd December, 2019,

< https://voiceformenindia.com/false-rape-cases-india-4/ > accessed 20th August, 2024.

[8] Live Law, 31st October, 2023, < https://www.livelaw.in/supreme-court/false-allegation-of-rape-cause-distress- > accessed 20th August, 2024.

[9] Voice for men, 13th February, 2023, < < https://voiceformenindia.com/mumbai-chartered-accountant-suicide-four-page-note-alleges-harassment-by-police-in-false-rape-case-by-former-colleague-her-husband/> accessed 20th August, 2024.

[10] Voice for men, March 16th, 2021 < https://voiceformenindia.com/deepak-sangwan-suicide-delhi/> accessed 20th August, 2024.

[11] Indian Penal Code, 1860, s195

[12] Live Law, 7th May, 2024, < < https://www.livelaw.in/news-updates/up-court-sentences-woman-1653-days-jail-false-rape-allegations-imposes-58-lakh-fine-257291 > accessed 20th August, 2024.

[13] Indian Penal Code, 1860, s182 < https://indiankanoon.org/doc/534484/#:~:text=Whoever%20gives%20to%20any%20public,of%20facts%20respecting%20which%20such >, accessed 20th August, 2024.

[14] Indian Penal Code, 1860, s211 < https://indiankanoon.org/doc/172919/#:~:text=Whoever%2C%20with%20intent%20to%20cause,person%2C%20shall%20be%20punished%20with  >, accessed 20th August, 2024.

[15] Indian Penal Code, 1860, s191 <. https://indiankanoon.org/doc/677888/#:~:text=%E2%80%94%20A%20false%20statement%20as%20to,which%20he%20does%20not%20know. >, accessed 20th August, 2024.

[16] Indian Penal Code, 1860, s200 < https://indiankanoon.org/doc/943588/  >, accessed 20th August, 2024.

[17] Indian Penal Code, 1860, s195 < https://indiankanoon.org/doc/388888/#:~:text=Giving%20or%20fabricating%20false%20evidence,%E2%80%94 >, accessed 20th August, 2024.