How to Fight against a False Rape Accusation?
Yogesh Gupta a 44-year-old Delhi estate agent. He caught his employee embezzling money and threatened to go to the police. The employee coercing a woman to pose as a potential house buyer. She later accused Mr Gupta, driving her to an empty fourth floor apartment and raped her. Thankfully he had installed CCTV in his office. The entire procedure of taking the stairs to the fourth floor, opening the door, taking her inside, at that point getting out and dropping her at the metro station had taken not less than 37 - 40 minutes. And he was back in his office within 11 minutes. After the women registered complaint against him, Gupta found himself caught up in a system that seemed to care little about the evidence and a lot about branding him a criminal. For the next eight months as the police investigation continued, Gupta had to bear the burden of the public disgrace of being accused rapist. When the case finally went to the court, the woman confessed she had made up the accusation and Gupta was acquitted, but already much damage had been done. Like Mr Gupta there are thousands of innocent men who are accused of false rape charges and our blind law has no remedies for them
A false accusation of rape is intentionally reporting about therape but in reality no rape has been occurred. It is hard to evaluate the predominance of false allegations since they are frequently conflated with non-arraigned cases under the assignment “unfounded". Rape accusation can lead to serious consequences legally consolidated with general society embarrassment, which can alter the course of a person’s life. So to safe guard oneself, one needs to preserve their rights. Without trivializing the issue of rape and the way that it is rampant and a ton of cases don't get enrolled with the police, one can't overlook the fact that if a woman falsely accuses a man, the exploitation of that specific individual is going to humongous. The significance and gravity that will be credited to the announcement of the accused will be significantly lesser than the truth that will be ascribed to the assumed "victim''. Evidence and conduct helps to a degree yet what will an accused person do when the sexual act which was done with consent and later on it is mutilated and exhibited as a non-consensual act. The Delhi Commission of Women (DCW) come out with statistics revealing that 53.2% of the rape cases registered with the police between April 2013 and July 2014 in Delhi were falsified. Out of 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.
Following are some Preventive measures which one can follow when stuck in this kind of situation:-
- One can file a counter FIR in case a false complaint has been registered. It will help in highlighting ambiguity regarding the case so that appropriate investigation can take place.
- Consult or hire a defence lawyer. In the state of emotional stress, discussing the case with a lawyer will help him to analyse the situation and set up the best strategy to deal with.
- The Falsely accused person should not speak to the police or any other authority without the presence of his lawyer. Even though a person is innocent but a false judgement can still be dispensed if it is not argued vehemently. Assess if there is any motive that the alleged victim may have for making a false accusation. The most common reason is when a confused girl may consent to have sexual intercourse but later accuse the person for rape in order to cover up her embarrassment about the incident or to publicly humiliate the accuse. Discovering the motive will help in negotiation prior to the trial.
- A detailed account of the events which led to the filing of the charges should be discussed with the lawyer without hiding anything.
- The accused should inform the lawyer about all the witnesses. Include those witnesses who would attest the character of the accused. In case the charges have been filed by an ex-partner, mutual friends who would have the knowledge about the relationship, can be included as witnesses.
It is conceivable that the rise in these false cases can lead to a point where people stop taking the real victims seriously. Women who misuse such laws are by implication a gigantic risk to our nation. Therefore, it is necessary to prosecute such women. The dread of going to prison will demotivate women from filing false rape cases.
What is Rape?
Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—
(First) Against her will.
(Secondly) Without her consent.
(Thirdly) With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
(Fourthly) With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
(Fifthly) With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
(Sixthly) With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
(Exception) Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape
What is the punishment for filing false accusation of rape?
Section 182: False information, with intent to cause public servant to use his lawful power to the injury of another person
Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant
(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or
(b) to use the lawful power of such public servant to the injury or annoyance of any person,
shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
In the aforementioned section of IPC, if a person has provided false information to the police which is false and still has been deliberately provided to the police in order to trigger wrongful proceedings on to the other person out of vengeance and cause mental harassment to the said person, shall be dealt with by mandating a punitive quantum which may extend to 6 months.
Section 186: Obstructing public servant in discharge of public functions
Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Section 191: Giving false evidence
Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
Section 192: Fabricating false evidence
Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said “to fabricate false evidence”.
Section 193: Punishment for false evidence
Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Section 195: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.
Section 196: Using evidence known to be false
Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.
Section 199: False statement made in declaration which is by law receivable as evidence
Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
Section 200: Using as true such declaration knowing it to be false
Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Section 211: False charge of offence made with intent to injure
Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
and if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
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