How to Fight Fake Rape Case?

After the amendments in rape law in 2013, there has been an increase in the number of false rape cases. 53.2% of the rape cases reported between April 2013 and July 2014, according to a study submitted in 2014 by the Delhi Commission for Women, were fraudulent. In total, 38,947 rape cases were reported in India, according to the National Crime Records Bureau. Nearly a quarter of all recorded cases—10,068—had the woman alleging rape on a false promise of marriage. False rape accusations frequently come from parents trying to cover up having sex with their unmarried daughter. Along with this, Heartbreak, anger or some other mala fide motive induces a woman to file a false rape case majorly. Some women just do it in order to seek the attention of the media and have publicity. 

In Sejal Sharma vs. State Of Haryana, 2021 petitioners threatened to file a false rape case against the accused if he fails to pay Rs.20 Lacs for them, the petitioners have allegedly recorded a video of the accused with a girl and started blackmailing him. The court held that the petitioners have been running a racket and was habitual to threaten & blackmail people by implicating them in false rape cases. Supreme Court in Jagmohini v. State (Gnct of Delhi) & ors, held that There are numerous cases filed  for quashing the FIRs for an offense under section 376 of Indian Penal Code, 1860 (hereinafter IPC), the story  in some of these cases is so illogical and  that the society will have to ponder as to what should be the moral punishment to the lady indulging in a false accusation of this nature. The Delhi High Court recently voiced concern over the worrying rise in bogus rape cases being filed “simply to arm-twist the accused and force them to yield to the complainant’s requests.” 

According to section 375 of the IPC, a man is considered to have committed “rape” if he engages in sexual activity with a woman while knowing that he is not her husband and that she has given her consent because she believes he is another man to whom she is legally wed or because it was done against her will or without her consent, or if it was done by forcing her or another person into the relationship.

In false cases of rape, the victim can prove the free will of the complainant every time they had sexual intercourse. It can be proved with the help of Whatsapp messages, emails which can show that they were in a love relationship which will help in proving consent of the victim. If a false FIR has been registered, the victim can go to the High Court under section 482 of The Code of Criminal Procedure, 1973 (hereinafter crpc) for quashing of FIR. If the High Court rejects it, then an appeal can be filed in the Supreme Court. The time gap between the date of the incident and filing of FIR is also a matter of concern. If the delay is more, then it affects the credibility of the complainant. A victim can also file FIR that false rape case has been registered against him as it helps police authorities to carry on the appropriate investigation on the matter.

Although a false accuser cannot be prosecuted for a specific crime, there are several categories in which their activities may be classified. Therefore, in order to safeguard the person from the victimization of false rape cases, the IPC has stated various penalties in respect of offenses wherein false accusations have taken place which are Section 182 which states about False information, with intent to cause a public servant to use his lawful power for causing injury of another person, Section 195 takls about Giving or fabricating false evidence with intent to procure conviction of offense punishable with imprisonment for life or imprisonment, Section 196 also punishes the  Using evidence known to be false, Section 199 talks about False statement made in declaration which is by law receivable as evidence, Section 200 talks about Using as true such declaration knowing it to be false, Section 211 states that False charge of offense made with intent to injure.  The case of defamation can also be filed against the complainant under section 499 of IPC as an allegation of rape has a social stigma. 

As we have seen that there is an alarming increase in false rape cases. Such false rape cases may destroy the society and encourage the misuse of law for various motives.  Rape is a serious offence having rigid punishment. The misuse of it should be curbed.