This article has been written by Suruchi Kumari, a second -year student pursuing LL.B. from the Campus Law Centre, Faculty of Law, University of Delhi.
AbstractThis study critically examines the phenomenon of false rape accusations in India and their profound effects on individuals and society. While acknowledging the severity and prevalence of genuine rape cases, the research aims to assess the frequency and consequences of false accusations. The study provides an in-depth analysis of the social, psychological, and legal impacts on the accused, as well as the broader implications for justice and gender relations. The paper concludes with a set of recommendations aimed at balancing the protection of genuine victims with safeguards against wrongful accusations, striving for a more equitable and just legal framework. Keywords: false rape accusations, India, legal impacts, psychological effects, gender relations, justice, wrongful accusations, legal framework. |
Introduction
The rape word is derived from the Latin term ‘rapio’. It means to take away, which forms the basis for the English word “rape.” Rape means obtaining something forcefully without the consent of others; it is illegal. There is a lack of people’s permission and will. It is disappointing to note that India is one of the countries where rape cases are common.
Rape is covered in Section 63 of Bharatiya Nyaya Sanhita. It provides the circumstances related to consent and consequences of committing such crimes.
A man is said to commit “rape” if he— (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
(b) 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 makes her to do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:—
(i) against her will; (ii) without her consent; (iii) 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; (iv) 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; (v) 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; (vi) with or without her consent, when she is under eighteen years of age; (vii) when she is unable to communicate consent.[1]
While the law has been acting as a backbone to address the issue, at the same time it has become a weapon to satisfy one’s ill purpose. In India, false rape allegations against men have increased. According to the data of the National Crime Records Bureau (NCRB), in 2020, there were 28046 cases reported and 3375 rape cases were false.
Case Laws
State of Uttarpradesh v. Nisha, 2024
The court declared, it is highly objectionable to use police and court as medium to achieve one’s illegal objective. It includes the manipulation of the legal system and police for private advantage.
It said that although it is alright for the government, administration and courts to ensure the safety of women through relevant policies and laws. However, it does not mean that women can have the right to attack the interests of men for their own unfair advantage.
The court argued that although “exemption should be provided” as there are chances that the actions of proven guilty women, like the one in the present case, are likely to harm the real victims of the society. [2]
Dhruvaram Murlidhar vs. The State of Maharastra, 2018
On November 22, 2018, was heard. The physician, who was married, had an extramarital romance with a widowed nurse. In this instance, the Honourable Supreme Court ruled that it may be concluded that both of them lived as husband and wife after accepting all of the information provided in the police report, the FIR, and the complaint. The doctor informed her right away that he was married even though he had no ulterior motives when they first started working at the same hospital. In this instance, the nurse’s decision was deliberate, proactive, and the result of mental effort. She was aware of the effects of what she had done. [3]
Shivashankar vs. State of Karnataka, 2018
The Honourable SC stated upholding the accused brought against the appellant is difficult. The accused may or may false promise to the complainant for marriage. However, having sex during an eight-year relationship might be challenging since it is perceived as “rape,” particularly given the complainant’s own claim that they lived together as husband and wife. As a result, it might constitute a promise violation but not rape. [4]
The Present Issues Surrounding Accusations of Fake Rape
At present, there is no specific provision in relation to false rape cases in India. The Delhi high court in 2017 noted that when there is a breakup between both persons due to any reason, after having consensual physical relations, the women use the law as a weapon for personal vendetta. [5]
Social Backlash
Even if there is a false allegation, it has been proved to be false, yet the person has to face the societal pressure in the form of mockery. The Sarvjeet Case is one example that happened in 2015, an allegation of molestation made on him by Jasleen Kaur after a trivial argument. After four years, Sarvjeet was acquitted. However, he became the victim of societal backlashes.
Economic Consequence
Along with societal backlashes, the victim faces economic setbacks in the form of losing a job. It does not only affect the victim but his family too.
Psychological Stress
The social and economic repercussions lead to emotional anguish, which sometimes results in taking own life. In 2021, Deepak Sangwan, a resident of Dwarka, Delhi, shot himself in the neck. In the note left by him, he wrote that a woman and her father had falsely accused him of rape.
Recommendations
Rape is a heinous crime, and the graver the offence, the perilous the consequences are, if not legally, then morally. Manav Singh case is another epitome of false allegation. Manav, a student in Gurgaon, committed suicide after making a false sexual accusation against him. Initially, police were reluctant to file the case and continued with passive investigation until Gurgaon Court intervened. One of the reasons for rising false cases is getting away without serious consequences. While the law recognises mental harassment and abetment to suicide, false evidence, false statements, and false charges, there is no recognition of malicious sexual allegations. There is a need for a jail term along with a fine, and it could be either the same prison term and fine a man would have faced if convicted of the crime or a short duration prison term.
The government should bring a separate provision for false allegation for rape, and it should be declared a criminal offence. According to a publication named Do Criminal Laws Deter Crime? Deterrence Theory in Criminal Justice Policy: A Primer, criminalizing behavior appears to deter. It says a significant number of people change their behaviour when a lawful behaviour becomes illegal.
Need for Proper Counseling to Avoid Unawareness
Before reaching the conviction stage, there are various processes in between. During the process, certain steps can be taken by the authority. One of them is making the person alleging aware of all the consequences if the case is proved to be false. The authority must make sure comfortable surroundings for the person making allegations. [6] The awareness among people should one of the primary priorities.
According to a publication named “Do Criminal Laws Deter Crime? Deterrence Theory in Criminal Justice Policy: A Primer,” raising sentencing and fines would only be effective if people are aware of such punishments, the same goes for introduction of sentencing and fines.[7]
Seeking Corroboration to Establish Clarity
The statement of person can have various loopholes, omissions, and inconsistencies. The object of investing authorities should be to seek clarification and corroboration of details of the victim’s statement and account of events, even if they are not establishing an element of offence.[8]
Minimising Contacts with Professional to Avoid Complexity
There should be a follow-up interview since the requirement of additional information is important. However, there should be a decrease in unnecessary professional contacts if the victims are transferred to another professional, citing any administrative reason. Moreover, it takes time to develop trust with the victim, and transferring can become a hurdle in the smooth functioning of the investigation.[9]
Guidance from the Position Paper to Avoid Misunderstanding
This can be strongly implemented by developing a position paper for guidance to criminal justice professionals. The dissemination is important to avoid misunderstanding and variation in processes that takes place among investigating authorities of different states of India.[10]
Review Panel for Surety
A review panel might comprise officials from the crime laboratory, sex offender treatment programme, victim advocates, forensic examiners, prosecutors, and many more. The goals should be reviewing the complaints of sexual assault that were denied by prosecutors or law enforcement as unsubstantiated, along with assessment and discussion, to ascertain the best course of action for victims whose sexual assaults are unlikely to be successfully prosecuted.[11]
Same Length Prison Term
This can be introduced while keeping the principle of equality, justice and to deter the number of cases. The accused may face the same length of prison term due to false rape accusation the victim faced.
Short Duration of Prison Term
The idea behind this is to not aggravate the fear among the actual rape victims. The unreporting is very evident from the NCRB report, 2020. About 99.1% of sexual violence cases go unreported. Other reason is to deter by mentioning prison term for offenders. Moreover, according to a study,” The Effects of Imprisonment: Specific Deterrence and Collateral Effects” conducted by university of Toronto, short sentencing may prevent reoffending. But, long term sentencing may not.[12]
Fine
Introducing fine can deter the behavior, according to deterrence theory,increasing or introducing fines lead to deterrence of committing criminal offence.
Conclusion
There is a phrase that says, “Too much of anything is dangerous.” This applies to the legal system too. When we are giving attention to one side, the chances for the other side to go neglected become higher. To counter the issues of false allegation of rape cases, there is a need for balance. Balance can be achieved if there are some exemptions in the current law. False rape case can undermine public confidence in the criminal justice system and create barriers to disclosure for actual victims of sexual assault which may have adverse effects on the community at large.
[1] Bharatiya Nyaya Sanhita ,No. 45 of 2023, §106 (Ind.)
[2] Sparsh Upadhyay, UP Court Sentences Woman To 1653 Days In Jail For Making False Rape Allegations, Imposes Over ₹5.8 Lakh Fine,LIVE LAW, https://www.livelaw.in/news-updates/up-court-sentences-woman-1653-days-jail-false-rape-allegations-imposes-58-lakh-fine-257291
[3] LawStreet News Network, Consensual Sex Between Live-In Partners Not Rape If Man Fails To Marry Woman Says SC, LAW STREET JOURNAL, https://lawstreet.co/judiciary/consensual-sex-between-live-in-partners-not-rape/#google_vignette
[4] (2019) 18 SCC 191
[5]LIVELAW NEWS NETWORK, Some Women Tend to Convert Consensual Sex Into Rape Post Breakup, Says Delhi HC, LIVELAW.IN (July 30,2017) https://www.livelaw.in/women-tend-convert-consensual-sex-rape-post-breakup-says-delhi-hc-read-judgment/
[6] Kimberly A. Lonsway et al. , False Reports: Moving Beyond the Issue to Successfully Investigate and Prosecute Non-Stranger Sexual Assault https://www.nsvrc.org/sites/default/files/publications/2018-10/Lisak-False-Reports-Moving-beyond.pdf [ hereinafter Kimberly , sexual assault]
[7]Ben Johnson, Do Criminal Laws Deter Crime? Deterrence Theory in Criminal Justice Policy: A Primer, MN HOUSE RESEARCH (2019) https://house.mn.gov/hrd/pubs/deterrence.pdf
[8]Kimberly, Sexual Assault, Supra note 6.
[9] Id.
[10] Id.
[11] Id.
[12] Anthony N. Doob et al., The Effects of Imprisonment: Specific Deterrence and Collateral Effects, University of Toronto ( Feb 14, 2014) .
