• Under section 376 of IPC Punishment for rape is given, but what if that accusation is false!!
• Punishment for rape Whoever, commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
• Case law

Ashish Batham vs. State of Madhya Pradesh (AIR 2002 SC 3206)

The principles which are required to and weigh with the courts in the administration of the criminal law and the justice delivery system have been laid down.

The Apex Court had observed thus:-

“Realities or truth apart, the fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the alleged accused and till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence, the question of indicting or punishing an accused does not arise……..”

Raju v. State of Madhya Pradesh (2008) 15 SCC 133

The Supreme Court stated that the testimony of a victim of rape has to be tested as if she is an injured witness but cannot be presumed to be a gospel truth.

It has been held that:

“It cannot be lost sight of that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to the accused as well. The accused must also be protected against the possibility of false implication, particularly where a large number of accused are involved. It must, further, be borne in mind that the broad principle is that an injured witness was present at the time when the incident happened and that ordinarily such a witness would not tell a lie as to the actual assailants, but there is no presumption or any basis for assuming that the statement of such a witness is always correct or without any embellishment or exaggeration.”

When person is accused of false rape case he has options in following three conditions:-

BEFORE ARREST

Anticipatory bail (Section 438(1) CrPC)  When any person apprehends that there is a move to get him arrested on false or trumped-up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him. He can prepare himself by taking action to deal with this matter by applying for anticipatory bail.

What is anticipatory bail Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. It is only issued by the Sessions Court and High Court.

AFTER FILING OF CHARGESHEET / ARREST

There are 2 options after getting arrested or filing of chargesheet.

What is chargesheet: A chargesheet is prepared after First Information Reports (FIRs), and charges an individual for (some or all of) the crimes specified in those FIR(s).

Once the charge sheet has been submitted to a court of law, the court decides as to who among the accused has sufficient prima facie evidence against him to be put on trial. After the court pronounces its order on framing of charges, prosecution proceedings against the accused begin in the judicial system.

• Application under section 482 of criminal procedure code for dismissal of criminal proceedings in FIR.
• If accused proves that there is no need of this case in the first place, or
• If he proves that this case is impossible, or
• This case is being filed with wrong intention just to disturb him (accused).
• If high court feels that the person who applied for this application is able to fulfill any of the conditions mentioned above then high court can dismiss the criminal proceeding.
• Writ: Writ can be file when it seems that the criminal proceeding is being done against the accused with the help of police officers or lower court is intentional. High court can pass orders to the aforesaid officers to do their duty properly, or by application of writ of prohibition high court can prohibit the proceedings going on in lower court under Article 226 of constitution.

• AFTER BAIL
• Section 211 of IPC Accused can made an allegation by filing an FIR of false criminal proceeding with the intention of causing injury/ harm against him & that there is no just or lawful ground for such proceeding or charge against him. One can be punished with the imprisonment of 7 years in this matter.
• Section 182 IPC under this section a person can be punished for upto 6 months, for giving false information (knows or believes to be false), with intent to cause public servant to use his lawful power to the injury of another person.
• Defamation (criminal), (civil) Section 499 & 500, Punishment upto 2 years of imprisonment.

Defamation is the oral or written communication of a false statement about another that unjustly harms their reputation and usually constitutes a tort or crime. In several countries, including South Korea, a true statement can also be considered defamation.

Requirement: defamation requires that the publication be false and without the consent of the allegedly defamed person. Words or pictures are interpreted according to common usage and in the context of publication. Injury only to feelings is not defamation; there must be loss of reputation.

• STATISTICS

Delhi Commission of Women (DCW) revealed statistics showing of the false rape cases filed between April 2013 and July 2014 in Delhi:-

• April 2013 – July 2014

Total case – 2753

True cases – 1287

False cases – 1464

• June 2013 – Dec 2013

False cases – 525

• Jan 2014 – July 2014

False cases – 900

The National Commission of Women, said that the revelation was quite unfortunate. “It is sad that people are misusing the rape laws to settle scores, while there are so many women who have nowhere to turn to in genuine cases. How will they gather the guts if this turns out to be the trend? A victim’s family will also dissuade her from complaining,”

Dear readers, stay tuned for next article. Also, if you have any queries or suggestions regarding topics or article let me know in comment section or mail us at lawgicalfirst@gmail.com

Source:  The Lallantop (https://youtu.be/avnq2OWd7e4), Wikipedia, India today (javascript:void(0)) , Books & Bareact,