THE GRAVE ISSUE OF FALSE RAPE ALLEGATION IN INDIA

INTRODUCTION 

False allegations of rape have been increasing at an alarming rate in recent years, causing immense suffering for many men. This issue of false rape allegation in India is a sensitive and multifaceted problem that requires a nuanced understanding and which has become a unique and serious problem within the legal landscape of our state, raising serious concerns in India. While genuine cases of sexual assault deserve the utmost attention and justice, false accusations can have devastating consequences for both individuals and society as a whole. Rape is an emotional and controversial issue, primarily affecting women who have suffered from injustice. However, there are instances where women misuse it as a weapon against men. Rape is universally considered a heinous crime, but biased laws in Favour of women have made it easier for them to misuse these laws for personal gain. Such allegations can destroy a man’s life, resulting in lifelong repercussions, including severe mental trauma, irreversible damage to their reputation, loss of honour, and livelihood. Even when these allegations are proven false, people often continue to harbour suspicions based on the initial accusation. Nowadays, false allegations of rape have increased due to women’s personal motives, which can include seeking revenge or pursuing monetary compensation. It has become a profitable business for many women, and in some cases, families may pressure their daughters to make false accusations for financial gain. The prevalence of false rape allegations has risen significantly over the past decade, leaving many men to suffer without adequate legal protection. This blog explores the dynamic, causes and consequences of the false rape allegation in India

UNDERSTANDING OF FALSE RAPE ALLEGATION

False rape cases pertain to instances where an individual wrongly accuses someone else of committing rape or sexual assault. These accusations lack a basis in actual incidents of sexual misconduct but instead stem from various motivations. These motivations could encompass seeking retribution, gaining a legal advantage, causing harm or disgrace to the accused party, or other personal incentives. False rape cases are a substantial concern due to their potential to damage the reputation and well-being of the wrongly accused person, and they can also erode trust in the legal system once they come to light. It’s crucial to differentiate between authentic instances of sexual assault and baseless allegations, as both carry significant consequences and necessitate a just and thorough investigation to ascertain the truth. They can arise from various motives, including revenge, personal vendettas or attempt to avoid blame in other situation. According to the National Crime Records Bureau (NCRB), approximately 74% of reported rape cases under Section 376 of the Indian Penal Code (IPC) are found to be unsubstantiated or false.  

FALSE ALLEGATION OF ACCUSED SUFFERING

False rape allegations leave deep and enduring scars on a man’s life. In India, where traditional values hold a deep respect for women, rape is a profoundly serious and sensitive issue. However, in the past decade, there has been a troubling trend where some women misuse the concept of rape by making false accusations against men. This not only ruins the lives of those falsely accused but also subjects them to prolonged suffering.

• Damage to reputation:

Accused individual often face severe damage of their personal and professional reputation, even if they are later proven innocent

• Emotional and psychological impact:

Being falsely accused of rape can be emotionally devastating for the accused of rape can be emotionally devastating for the accused. The stigma and shame associated with such allegation can lead to anxiety, depression, and other mental health issues. Some individuals may even experience post-traumatic stress disorder (PTSD) as result

• Social and community repercussions and employment

Accusation can have ripple effects within communities, affecting how individuals are perceived by friends’ family and acquaintances. This can lead to social isolation and strained relationship

• Impact on future relationships and employment

Even after being cleared of false allegation, individual may still face challenges in their personal and professional lives.  

Impact of false allegation on Indian society:

• Erosion of Trust: The mere presence of false accusations can diminish the trust placed in authentic claims of sexual assault. This erosion of trust can create a challenging environment for legitimate victims who wish to come forward and seek belief and justice.
• Stigmatization: Accused individual may face social stigma, even if they are proven innocent by court. This can harm their personal and professional lives
• Diverting resources: false case diverts resources away from genuine victims, potentially delaying justice for those who truly need it.
• Legal repercussions: accused individual will suffer legal consequences and emotional distress, which can lead to a loss of faith in the legal system
• Disturb and cynicism: overall, false rape claims can make people more sceptical and less trusting, which can hurt everyone in society

HOW TO DEFENCE AGAINST FAKE RAPE CASE? 

A strong defence against fake rape cases cannot be countered by an individual we need a proper mechanism to prevent such fake rape cases.This proper mechanism it means a specific strict and focused statute as focused as rape laws are in favour of women inBharatIf proper statute is not possible in near future, then at least some immediate amendments are needed.The very first amendment needed is in very first step after offence is FIR to police u/s 154 CRPC. Whenever a woman reaches Police for FIR of rape sometimes, they lodge it immediately & sometimes they don’t even lodge the same, but never finds a mid-way to treat the complainant. Police knows ab initio that particular case is not true but then also preferred to file complaint and molest the accused and warn him if you don’t give her this much amount, she will give her consent to file FIR,

YES! it’s a harsh truth that our police and investigation agencies are middle brokers in compromise amount.

Yes, it is 100% true that no fake rape case can be proceeded against an innocent man without the help of police and rest work to ruin the men’s life is done by our gender biased and women favoured laws.

An amendment is needed during 161 CRPC and 164 CRPC statement that prosecutrix cannot change her statement during evidence after her 164 CRPC statement as our Indian judiciary is giving full chance to women to add / subtract and do whatever they want to do with their previous statement and women only change or transform their statement after they receive a handsome amount. In other words, we can say that Indian judiciary is giving women a free hand to negotiate and change your statement as many times women wants. Delay in FIR; police lodge complaint even if there is delay in fir of 6 months 1 year even 6 years delay FIR lodging is also seen.

There should be strict provision as if there is maximum delay in FIR of more than 10 days then FIR will not get lodge at any point before instruction of court.

MLC – Medico Legal Case

FSL – Forensic Sciences Laboratories

Bhartiya Judicial system never asks the prosecution as to how you have managed the MLC report in delayed fir case because no samples are of use after 48 hours then on what basis they convict a man for same without evidence. How they are going to inspect crime scene in delayed fir case.

How they are going to seize same underwear of prosecutrix for samples??

HOW?

But in absence of these also Indian judiciary is convicting innocent men knowing he is not the accused. Recently special court  of Mumbai acquitted a grandfather and 1 other accused of raping their own granddaughter concluding that the prosecutrix was minor at the time of lodging complaint but she accused her grandfather and 1 other for raping and impregnate her but after disclosure of DNA report it comes out that her grandfather +1 is totally innocent and one of his major boyfriend the third person is one who impregnates her and she just wants to save her boyfriend and in pretext of saving her BF she left this stigma on her grandfather this is the level of fake rape case (POCSO special case no. 496/2018)This is what Indian investigation agencies are doing. 

The only treatment to fake rape cases we can give is strict counter case of malicious prosecution. It means if it is found that girl has lodged this case for extortion gains etc., then same punishment as accused men is going to get she will be convicted with same crime and be subject to all proceedings.

CONCLUSION

The surge in false rape allegations in India is a complex and pressing issue that demands immediate attention and comprehensive action. These accusations not only inflict substantial harm on the lives of those falsely accused but also undermine the trust in the legal system and cause significant damage to society as a whole. The consequences of false rape allegations are severe and far-reaching. They can result in damaged reputations, emotional distress, and social stigma for the accused, even after their innocence is established. In turn, this erodes the trust and belief in the legal system and can deter genuine victims from coming forward, potentially delaying their access to justice. Addressing this issue requires a multifaceted approach. It is essential to have a balanced and fair legal framework that safeguards the rights of both the accused and the accuser. Amendments in legal procedures, such as FIR registration and witness statements, should be considered to prevent false accusations and frivolous cases.Moreover, there is a need for rigorous investigation and a robust judiciary that can effectively discern the truth in each case, ensuring that the innocent are protected and the guilty are held accountable. Ultimately, fostering awareness and promoting a culture of respect for due process and the rule of law is crucial to combatting false rape allegations and upholding the principles of justice and fairness. Only through a combination of legal reforms, improved investigative practices, and societal change can we address this challenging issue and protect the rights and dignity of all individuals involved.