False Rape Allegations in India
by Nakshatra Dapse
INTRODUCTION
Rape allegations can devastate the accused, socially isolating them and damaging their businesses and revenue sources. Many victims are afraid to speak up due to fear of being labelled as attention-seeking false accusers. Filing fake complaints by fraudulent ones is a significant reason for the inability to protect real victims. Despite new rape laws being developed with an inclusive approach, they have been misused, resulting in numerous frivolous charges. False rape allegations against men are increasing rapidly in India, causing mental trauma, irreversible damage to reputation, loss of honour, humiliation, and job loss. The accused person will have lifetime repercussions due to a lie. Financial harm to the accused is also incurred, as they have to pay for a specialist team of lawyers for the defence. Women often use false allegations to settle personal scores, tarnishing the image of the man and awarding them hefty compensation. False allegations can harm society, eroding public trust in the criminal justice system and perpetuating harmful stereotypes about men and women, fueling gender-based violence and discrimination.
According to the National Crime Records Bureau (NCRB), about 74% of rape cases under Section 376 of the Indian Penal Code (IPC) turn out to be fake.[1]
AMENDMENTS IN LAWS ABOUT RAPE
The Criminal Law (Amendment) Act of 2013 was enacted following a nationwide public outcry following the December 16 gang rape and murder in Delhi. The Act expanded the definition of rape and toughened the sentence, with the Justice J.S. Verma Committee suggesting revisions to Parliament. The 2013 Act quadrupled jail terms in most cases of sexual assault and authorized the death penalty in rape cases where the victim died or was left in a vegetative state. It also created new offences like stalking, voyeurism, and employing unlawful force to force a woman to undress. The punishment for gang rape has been doubled from 10 years to life in prison to 20 years to life in prison. The Delhi Commission of Women reported that 53.2% of rape cases in Delhi were fraudulent. The Delhi High Court decision enabling a woman to dismiss a rape FIR against her father-in-law after he paid Rs 10 lakh in the settlement is important. Justice must be served to all victims, but no innocent person should be imprisoned without a trial.
IMPACT OF FALSE ALLEGATIONS
False allegations of rape in India have led to a dishonourable and disrespectful habit, of trivializing the law protecting victims and mocking the amendments made by parliament to combat crime against women. This reductive approach strengthens patriarchy by misrepresenting the country’s efforts to correct and eliminate the patriarchal system. Over half of the cases reported by the government are fraudulent, demonstrating that societal correction has resulted in actual improvements. This creates a contradiction in India’s Feminist movement, which is still in its infancy, as the notion of feminism as equality has devolved into fascism. The fact that women submit false rape cases while receiving support from organizations devalues the goal of creating equality and mutual understanding between genders. Unplanned repercussions also result in males who have done nothing illegal and are not in confrontation with the law being labelled as perpetrators, further eliminating the notion of respect for women and the law.
INNOCENT UNTIL PROVEN GUILTY
The Latin maxim Ei incumbit probatio qui dicit, non qui negat suggests not treating the accused as guilty until convicted. This approach would end the consequences faced by falsely accused individuals before their acquittal. However, opposition to this is argued that false accusations are rarer than actual rapes and that this treatment might enable actual rapists to commit more rapes due to lack of control. Statistics show that false accusations are rarer than actual rapes, but this is not a valid reason to let innocent men face injustice. To prevent further crimes, faster trials and increased surveillance are suggested. Mental healthcare facilities should be provided to all accused, and it is crucial to prevent people from declaring the accused guilty themselves. Social media should be used to keep the accused aware of their innocence and prevent blaming or shaming. These measures can help implement the maxim Ei incumbit probatio qui dicit, non qui negat.
RAPE LAWS IN INDIA
The Criminal Law (Amendment) Act of 2013 in India has amended the definition of rape in Section 375 of the Indian Penal Code. The new definition states that a man commits rape when he inserts his penis into a woman’s vagina to any extent, regardless of the extent of penetration. The act can be committed under seven descriptions: Against her will, without her consent, with her consent obtained by putting her or any person close to her in fear of death or hurt, with her consent but the man knows he is not her husband, with her consent but the woman was unable to understand the nature and consequences of her consent, or when the woman is below the age of 18. The amendment is more stringent in the case of gang rape, with the minimum punishment increased to 20 years, which may be extended to life depending on the circumstances of the commission of the offence and the gravity and magnitude of the offence.
The sentencing policy in India is not perfect, and there are anomalies when it comes to dispensing sentences. However, guiding principles must be considered when developing punitive quantum, such as deterrence and retribution, to instil fear in society and prevent perpetrators from committing the crime. Reformative and rehabilitative aspects focus on rectifying the convict’s mental faculties to make them understand why they did what they did.
Obstacles in Cases of False Rape
- “He-Said-She-Said” Conundrum
Because it is inherently difficult to determine whether permission was given or denied, instances involving false accusations of rape are often difficult to decide. A “he-said-she-said” scenario in which one side strongly rejects non-consensual sex while the other accuses it presents a challenge for the judicial system.
- The Intent Behind False Allegations
It’s critical to comprehend the reasons underlying unfounded allegations. Some people could make up claims of rape in order to get revenge, achieve personal benefit, or cover up their own wrongdoings. These incentives provide a serious challenge to the legal system.
PUNISHMENTS
A false accuser may be prosecuted for a variety of offences, yet there isn’t a single one that their acts may be classified under. Therefore, the Indian Penal Code has specified different punishments in respect of actions whereby false charges have occurred to protect the individual from becoming the victim of false rape cases:
Section 182: False information intended to persuade a public worker to abuse their legal authority to harm another individual
Section 195: Providing or creating false evidence with the intention of obtaining a conviction for a crime carrying a life sentence or a jail sentence
Section 196: Utilizing falsified evidence
Section 199: A declaration that contains a false statement and is legally admissible as proof
Section 200: Presenting a misleading statement as factual even when it is
Section 211: False accusation of crime with malicious purpose
CONCLUSION
False rape cases in India are a significant issue, causing harm to victims, eroding public trust, and perpetuating harmful stereotypes. To address this, it is crucial to balance the rights of genuine victims with the accused. The Criminal Law (Amendment) Act of 2013 introduced amendments to rape laws, reflecting India’s commitment to combating sexual violence and ensuring women’s safety. However, these changes must be carefully implemented to prevent misuse and false allegations. The presumption of innocence is essential, treating the accused as innocent until proven guilty. To prevent further false allegations, trials should be expedited and necessary support, including mental health care, provided to those falsely accused. Society should strive for a balanced approach, ensuring justice without discrimination or prejudice.
[1] Tanya Trivedi, 74% of all rape cases filed in India are fake, TFIPOST (2022), https://tfipost.com/2022/03/74-of-all-rape-cases-filed-in-india-are-fake/.
Keywords: False Rape Allegations in India
