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Rising cases of false rape accusations and the punishment for presenting false evidence

Rape is one of the most serious crimes. In India these days there has been a trend going on that women are using the tool of a false rape accusation for fulfilling their wrong demands. These days false rape accusations have been highlighted much. 

In India on an average seventy-seven rape cases were reported every day in 2020, which was a total of 28,046 such incidents during the year. According to the Delhi Commission of women during 2013 and 2014, 2753 rape cases have been registered of which 1287 were true rest were false rape accusations. It has been an uplifting concern for the rape laws in India because of false rape accusations. 

Vexatious and frivolous litigation by a woman

In a recent judgment delivered by Madhya Pradesh High Court, it was observed that it appears to be vexatious and frivolous litigation just to exert pressure over the petitioner to extract money or an attempt made by the prosecutrix to convert domestic dispute into criminal allegations. If such false allegations are allowed then it would be a miscarriage of justice and the petitioner is unessentially dragged into litigation to defend himself. She came in contact with the petitioner and out of their relationship, if the child was born who is now 20 years old then there is a huge chance that she remained silent for such long years and after 18 years she raised her voice. The story indicates false allegations. 

Two men were falsely accused of gang rape 

In another case, two men were charged by a woman for committing gang rape in a car in Maharashtra’s Satara district in 2019 on the promise of a job. All along with the investigation, it was disclosed that one of the defendants was not in the country when the crime took place and the other was in Pune. The woman had filed a complaint to draw an evil image of men in society.

Consensual acts turn out to be rape after a breakup

The Delhi High Court had detected in 2017 that “This court had noted that a number of times there are cases where both persons, out of their own will and choice, have a consensual physical relationship when the relationship breaks up due to some reason, the women use the law as a way for taking revenge and personal vendetta.”

Punishment for presenting false evidence  

It is a very difficult task to prove a rape case is false. In India, there is a punishment in case it is proved that the accusation is false. Presenting false information can lead to imprisonment for a term which can also extend to 6 months or a fine of a thousand rupees or both. False evidence in front of any public servant can lead to imprisonment of three years in addition to a fine. A piece of fabricated evidence with an intention to likely cause harm would lead to imprisonment of life or imprisonment for seven years. When a person has an intention to cause injury to a person with the help of false charges then in that case the punishment would imprisonment for a term which may also extend to two years or a fine or both 

Preventive measure 

One can file a counter FIR against the person against that person so that an appropriate enquiry can be made. Currently in our country is no set procedure for the investigation of a false rape accusation against an individual. A defence lawyer can be hired for the trial of a false rape accusation. 

Vanshika Jaiswal
Vanshika Jaiswal

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