Dealing with a False Rape Accusation
Statistics of Fake rape allegations in India
The Delhi Commission of Women (DCW) has come out with remarkably shocking statistics revealing that 53.2% of the rape cases registered with the police between April 2013 and July 2014 in Delhi were falsified. Furthermore, the report says that between April 2013 and July 2014, out of the 2,753 complaints of rape, only 1,287 cases were found to be true, and the rest of the 1,464 cases were filed on false grounds. This guide will help you to understand how to fight against false rape case.
The report further revealed that between June 2018 and December 2019, the number of cases found to be untrue was 525. The Delhi Commission of Women had stated that it was investigating individual complaints of rape, to ensure that the victims get justice. However, it added that in many cases, the complainant was revealed to be prejudiced and that revenge emerged to be the most common reason for filing a false rape accusation.
NCRB data corroborate — out of 1,67,067 cases reported or under investigation for cruelty by husband or his relatives, only 5,520 were found to be false.
Punishment for false rape allegations
While there is no specific offense for which a false accuser can be tried, there are a number of categories under which their actions may fall. Therefore, in order to safeguard the person from the victimization of false rape cases, the Indian Penal Code has stated various penalties in respect of offenses wherein false accusations have taken place: –
- Section 182: False information, with intent to cause a public servant to use his lawful power to the injury of another person
- Section 195: Giving or fabricating false evidence with intent to procure conviction of offense punishable with imprisonment for life or imprisonment
- Section 196: Using evidence known to be false
- Section 199: False statement made in declaration which is by law receivable as evidence
- Section 200: Using as true such declaration knowing it to be false
- Section 211: False charge of offense made with intent to injure
Know The Punishment for Rape? Gang Rape?
How to deal with a false rape case
Though there is no prescribed protocol or procedure that a person should follow to avoid a false rape allegation, however, in general terms there are specific measures one can take in order to safeguard oneself from such false accusations:
- A person should always file an FIR in case a false complaint has been registered against him this helps the police authorities to carry on the appropriate investigation on the matter.
- A person must consult a defense lawyer and disclose to him all the material facts for help and guidance and take corrective measures.
- A person can file a suit in the court against false defamation provided the such person can prove in the court that the allegations made were baseless and that the person making allegations was aware that the allegation was false which has caused damage to his reputation.
Unfortunately, there is no specific law in favour of men in case of false rape allegation. Most of the laws are framed where men have to prove themselves innocent.Filling a FIR
How to Avoid a Rape Accusation
Nowadays, most of the women are misusing this protection as a weapon against men. Rape is a serious offense where a woman always holds an upper hand and therefore, if any false allegation is made by them against any person, it may be devastating for the accused, as it has a long-term effect on his life.
A person can protect himself against false rape allegations by not creating grounds for real rape charges. So always obtain consent and only have sexual intercourse with partners that can provide that consent. This includes not having sex with partners that are too high or intoxicated to consent if she ever says “NO” pack it up and get out.
Fighting Against False Accusations
Have you been falsely accused of committing rape? Don’t take it lightly as rape allegations are serious. Even if the rape charges are false, their consequences are long-lasting. If you are a victim of a false rape charge then the first thing you need to do is to contact a criminal lawyer, who will guide you and help you in responding aptly to the false allegations and defend you against them.
Following are some of the suggestions that you must follow after you are falsely accused of a rape charge:
Stay Away From the Accuser
This is very important for you to maintain distance from the accuser not only physically but also virtually. It means that you should not meet or even contact the accuser. This will help you to be safe from further allegations.
Be strong and control your emotions
We understand that a false rape charge is a very frustrating and worrisome matter, but you have to keep your emotions under control.
Alibi: Use Technology to prove it
It will be great if you can prove that you were not present at the crime spot at the stated time and you were somewhere else; this could be proved with certain evidence or witness. You can prove this through your GPS location or using other technological means like CCTV Footage etc.
Prove that the complainant is a habitual liar
You can prove that the complainant is a habitual liar and she has filed similar cases against other men as well to blackmail them or to extort money from them. You can take the help of social media to prove it as you may find some lead there.
This is a very important stage of the proceedings and this should be utilized wisely to prove that the evidence presented was false. This could be used to prove that the motive of the accuser was to take revenge or to blackmail and extort money this can be done through bank statements, cell phone history, social media, etc. During cross-examination, you can also emphasize your previous relationship with the complainant.
If it was consensual then prove it
If you try to prove that the sexual intercourse was consensual then this can put the accuser at a disadvantage. You need to provide relevant evidence to your advocate. You can show the evidences that go in your favor that shows that the accuser and you did the act consensually and it was not a forced act.
Detailed Account of Events and Possible Witnesses
Try to provide your advocate with details revolving around the events that led to a false rape accusation against you. Do not hide anything from your advocate, You should also try to focus on people who could be your witness.
Which country has the strictest laws in respect of rape?
India, after the Anti-Rape Bill passed in 2013, came up with strong punishment for rape culprits. If a person is found guilty of rape assault, they are liable to 14 years of imprisonment, in some of the cases, life imprisonment and death sentences may also be pronounced
Does rape amounts to Criminal Offense or a civil offense?
Rape being regarded as a serious offense is covered under the category of a criminal offense.
What punishment is to be imposed on a person falsely accusing another person of rape?
Though no specific punishment has been prescribed in law, the punishment to be imposed for false rape cases depends on case to case and on the discretion of the court.
Whether the strict laws imposed in respect of rape cases Is a weapon for women?
The strict laws imposed in respect of rape are for the safeguard of the women, however, some of them take undue advantage to which the right of women fails to have justice.
LEGAL PROVISIONS TO DEAL WITH FALSE CASES
In India, there are no specific provisions that deal with false rape accusations but there are some related provisions that enumerate the false and fabricated evidence.
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According to this section, if an individual has given false information to the police which is false and still has been intentionally given to the police to trigger unjust procedures on to the next individual out of retaliation and cause mental badgering to the said individual, will be managed by commanding a corrective quantum which may reach out to a half year.
Whoever, being legally bound by an oath or by an express arrangement of law to express reality, or being bound by law to make a revelation upon any subject, offers any expression which is false, and which he either knows or accepts to be false or doesn’t accept to be valid, is said to give false evidence.Indian Penal Code, 1860 | Section 182
Whoever makes any situation exist or makes any false section in any book or record, or makes any report containing a false assertion, proposing that such condition, false passage or false proclamation may show up in evidence in a legal procedure, or in a procedure taken by law before a public servant thusly, or before a mediator and that such condition, false section or false articulation, so showing up in evidence, may cause any individual who in such continuing is to frame an assessment upon the evidence, to engage a mistaken assessment contacting any guiding material toward the consequence of such continuing, is said: “to fabricate false evidence”.Indian Penal Code, 1860 | Section 192
Whoever purposefully gives false evidence in any phase of a legal procedure, or manufactures false evidence to be utilized in any phase of official action, will be rebuffed with the detainment of one or the other depiction for a term which may reach out to seven years, and will likewise be responsible for fine, and whoever deliberately gives or creates false evidence in some other case, will be rebuffed with the detainment of one or the other portrayal for a term which may stretch out to three years, and will likewise be obligated to fine.Indian Penal Code, 1860 | Section 193
Whoever gives or creates false evidence expecting subsequently to cause, or realizing that it generally will be possible that he will along these lines cause, any individual to be indicted for an offence which by the law for the time being in power in India isn’t capital, yet culpable with detainment forever, or detainment for a term of seven years or upwards, will be rebuffed as an individual sentenced for that offence would be at risk to being punished.Indian Penal Code, 1860 | Section 195
Whoever corruptly uses or endeavours to use as obvious or real evidence any evidence he knows to be false or manufactured will be rebuffed similarly as though he gave or created false evidence.Indian Penal Code, 1860 | Section 196
Whoever, in any announcement, made or bought in by him, which revelation any Court of Justice, or any public servant or another individual, is bound or approved by law to get as evidence of any fact, offers any expression which is false, and which he either knows or accepts to be false or doesn’t accept to be valid, contacting any direct material toward the object for which the declaration is made or utilized, will be punished similarly as though he gave false evidence.Indian Penal Code, 1860 | Section 199
Whoever, with intent to make the injury any individual, establishments or causes to be initiated any criminal proceeding against that individual or falsely charges any individual with having carried out an offence, realizing that there is no or legitimate ground for such proceeding or charge against that individual, will be punishable with imprisonment of one or the other portrayal for a term which may extend up to two years, or with fine, or with both; furthermore, if such criminal proceeding is founded on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for 7 years or more, will be punishable with imprisonment of one or the other portrayal for a term which may reach out to seven years, and will likewise be liable for fine.Indian Penal Code, 1860 | Section 199
According to Section 340 of CrPC if false or fabricating evidence is submitted in the court then a notice is to be issued to the certain police officer for an enquiry to determine whether the evidence was fabricated or not.Code of Criminal Procedure, 1973
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Case Law Before the Ld. Court
SANJAY V. THE STATE OF MADHYA PRADESH
MCRC-4593-2016 (SANJAY Vs THE STATE OF MADHYA PRADESH) 01-07-2016 Shri K.K. Tiwari, learned counsel for the petitioner.
Shri A.S.Sisodiya, learned Public Prosecutor for the Respondent/State.
This is an application under Section 439, Cr.P.C by the petitioner/Sanjay, who has been arrested by Pol ice on 04.04.2016 in Crime No.110/2016, Police Station Kalapipal, District Shajapur in connection with offences under Section 376(2), 450 and 506, IPC.
It is alleged that the petitioner, who is a distant relative of the prosecutrix a married lady, continued to subject her to rape for around 6 months by threatening her that if she refuses to submit, he will kill her children and husband, but somehow, she gathered courage and disclosed the incident to her husband and thereafter, on 26.04.2016 she lodged a report with the Police.
Learned counsel for the petitioner submits that there existed a dispute between the petitioner and the prosecutrix with regard to refund of money, said to have been advanced by the petitioner to the husband of the prosecutrix, regarding which, the prosecutrix had lodged an FIR with Police Station Kalapipal on 30.03.2016, that is almost one month prior to the present report, in which she had not stated even a single word regarding the alleged incident of rape.
Learned counsel for the petitioner submits that the false allegations regarding rape have been made because of the earlier dispute to implicate the petitioner for the offence of rape.
Copy of the FIR, earlier lodged by the prosecutrix with Police Station Kalapipal, has been filed alongwith the petition, which, prima-facie, indicates that on 30.03.2016, the prosecutrix lodged a report with Police in which she did not state anything regarding alleged incident of rape.
In view of the aforesaid facts and circumstances, without further commenting on the merits of the case, it would be appropriate to enlarge the petitioner on bail.
Accordingly, the petition is hereby allowed and it is directed that on furnishing personal bond by the petitioner, in the sum of Rs.40,000/- (Rupees Forty Thousand Only), with one solvent surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Shajapur, the Petitioner/Sanjay S/o Radheshyam Gir, shall be released on bail, subject to the condition that he shall make himself available to the Police, as and when required during the investigation and will also remain present before the trial Court as and when directed in that behalf.
CC as per rules.
(VED PRAKASH SHARMA) JUDGE