Can anyone get Bail in Rape Cases?

One of the most horrifying terms, rape, gives both men and women shivers. there were many laws created for this horrific offense. Some people utilize these laws as a solution for incidents involving innocent parties, but over time, other people have turned to use them as a means of vengeance or as a vent for their resentment in order to damage the reputations of others. There are various Bye-Laws and provisions of bail and anticipatory bail under sections 438 and 439 of the Criminal Procedure Code to protect the innocent from those who exploit these laws as a weapon to bring society to shame.

Every day we get to hear the latest news of section 376 of IPC, that it is quite often that rape is still being committed after such stringent laws, but it is also very much known that many use it as a weapon to make the accused guilt for revenge purpose and all.

But for those who get falsely accused of the rape case and get stuck in jail for a longer period of time, for that they need bail against the section 376 IPC for which they have been charged for which, those alleged accused are going to need a bail lawyer, which is quite hard to find, because, in cases of rape, bail release is very difficult to get, but hiring a good bail lawyer can help you to get bail release easily

Rape under IPC is defined as:

a man is said to have committed “rape” if they engage in sexual activity with a woman in any of the following six situations:

1. Going against her will
2. Attempting without her consent
3. With her permission, when her permission has been secured by instilling fear of harm or death in her or any other person she is interested in fear of death or hurt.
4. Having her consent, even if she is aware that he is not her husband and that she is giving it because she thinks he is another guy to whom she is legally married or believes she is.
5. With her permission if, at the time of providing such consent, she is unable to grasp the nature and consequences of that to which she provides consent due to mental incapacity, intoxication, or the administration by him directly or via another of any stupefying or unwholesome substance.
6. while she is under sixteen years old, with or without her consent. in such case Penetration alone qualifies as the sexual activity required for the crime of rape.

Sexual activity conducted under the guise of marriage is not regarded as rape. The accused may establish a number of defenses to show that the physical contact they shared while living together was not rape but rather consensual sex. Consensual sex is when a couple engages in physical contact without the women’s consent.

Once the live-in connection is established, a number of circumstances change in the accused’s favor. There is no time boundation for filing an FIR in rape cases, which is backed by numerous judgments.

Misuse of rape laws

The courts have observed that, in addition to actual rape cases, some women have recently accused innocent people of rape in order to damage their reputations and cause other unfavorable outcomes. For such cases, IPC section 376 becomes questionable as it defines the stringent punishment for such crime activities

The court concludes that there are a few reasons why women file fake rape allegations, including extortion through blackmail, the fabrication of a marriage out of frustration, retaliation for reputational harm, and others. The Indian Constitution contains a few bylaws and other clauses.

The burden of proof in false rape accusations rests with the accused. The accused may seek for bail in a court of session under sections 438 and 439 of the Criminal Procedure Code because IPC section 376 is a non-bailable offense. If the court denies bail, the accused may reapply if the situation has changed or after the charge sheet has been filed.

So if you are the one who is falsely accused in rape cases then you need to go through in deep search to find a bail lawyer, here we have made your struggle easy. At lead India, our attorneys are specially trained and skilled for these similar cases, they can guide and assist and make you aware of the severity of the case and believes in rapid resolution.