How to Fight against a False Rape Accusation

Yogesh Gupta a 44-year-old Delhi estate agent. He caught his employee embezzling money
and threatened to go to the police. The employee coercing a woman to pose as a potential
house buyer. She later accused Mr Gupta , driving her to an empty fourth floor apartment and
raped her. Thankfully he had installed CCTV in his office. The entire procedure of taking
the stairs to the fourth floor, opening the door, taking her inside, at that point getting out and
dropping her at the metro station had taken not less than 37 - 40 minutes. And he was back in
his office within 11 minutes. After the women registered complaint against him, Gupta found
himself caught up in a system that seemed to care little about the evidence and a lot about
branding him a criminal. For the next eight months as the police investigation continued,
Gupta had to bear the burden of the public disgrace of being accused rapist. When the case
finally went to the court, the woman confessed she had made up the accusation and Gupta
was acquitted, but already much damage had been done. Like Mr Gupta there are thousands
of innocent men who are accused of false rape charges and our blind law has no remedies for
them

A false accusation of rape is intentionally reporting about the rape but in reality no rape has
been occurred. It is hard to evaluate the predominance of false allegations since they are
frequently conflated with non-arraigned cases under the assignment “unfounded". Rape
accusation can lead to serious consequences legally consolidated with general society
embarrassment , which can alter the course of a person’s life. So to safe guard oneself, one
needs to preserve their rights. Without trivializing the issue of rape and the way that it is
rampant and a ton of cases don't get enrolled with the police, one can't overlook the fact that
if a woman falsely accuses a man, the exploitation of that specific individual is going to
humongous. The significance and gravity that will be credited to the announcement of the
accused will be significantly lesser than the truth that will be ascribed to the assumed
"victim''. Evidence and conduct helps to a degree yet what will an accused person do when
the sexual act which was done with consent and later on it is mutilated and exhibited as a
non-consensual act. The Delhi Commission of Women (DCW) come out with statistics
revealing that 53.2% of the rape cases registered with the police between April 2013 and July
2014 in Delhi were falsified. Out of 2,753 complaints of rape only 1,287 cases were found
to be true, and the rest of the 1,464 cases were filed on false grounds.

Following are some Preventive measures which one can follow when stuck in this kind
of situation:-

 One can file a counter FIR in case a false complaint has been registered. It will help in
highlighting ambiguity regarding the case so that appropriate investigation can take
place.
 Consult or hire a defence lawyer. In the state of emotional stress, discussing the case
with a lawyer will help him to analyse the situation and set up the best strategy to deal
with.

 The Falsely accused person should not speak to the police or any other authority
without the presence of his lawyer. Even though a person is innocent but a false
judgement can still be dispensed if it is not argued vehemently. Assess if there is any
motive that the alleged victim may have for making a false accusation. The most
 common reason is when a confused girl may consent to have sexual intercourse but later
accuse the person for rape in order to cover up her embarrassment about the incident or
to publicly humiliate the accuse. Discovering the motive will help in negotiation prior to
the trial.

 A detailed account of the events which led to the filing of the charges should be
discussed with the lawyer without hiding anything.

 The accused should inform the lawyer about all the witnesses. Include those
witnesses who would attest the character of the accused. In case the charges have been
filed by an ex-partner, mutual friends who would have the knowledge about the
relationship, can be included as witnesses.

It is conceivable that the rise in these false cases can lead to a point where people stop
taking the real victims seriously. Women who misuse such laws are by implication a
gigantic risk to our nation. Therefore, it is necessary to prosecute such women. The
dread of going to prison will demotivate women from filing false rape cases.

FAQS

What is Rape?
Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has
sexual intercourse with a woman under circumstances falling under any of the six following
descriptions:—
(First) — Against her will.
(Secondly) —Without her consent.
(Thirdly) — 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.
(Fourthly) —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.
(Fifthly) — 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 stupe-
fying or unwholesome substance, she is unable to understand the nature and consequences of
that to which she gives consent.
(Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—
Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
(Exception) —Sexual intercourse by a man with his own wife, the wife not being under fifteen
years of age, is not rape

What is the punishment for filing false accusation of rape?

Section 182: False information, with intent to cause public servant to use his lawful power to
the injury of another person
Whoever gives to any public servant any information which he knows or believes to be false, intending
thereby to cause, or knowing it to be likely that he will thereby cause, such public servant-

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts
respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person,

shall be punished with imprisonment of either description for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.

In the aforementioned section of IPC, if a person has provided false information to the police which is
false and still has been deliberately provided to the police in order to trigger wrongful proceedings on to
the other person out of vengeance and cause mental harassment to the said person, shall be dealt with
by mandating a punitive quantum which may extend to 6 months.

Section 186: Obstructing public servant in discharge of public functions

Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be
punished with imprisonment of either description for a term which may extend to three months, or with
fine which may extend to five hundred rupees, or with both.

Section 191: Giving false evidence

Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being
bound by law to make a declaration upon any subject, makes any statement which is false, and which
he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Section 192: Fabricating false evidence

Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any
document containing a false statement, intending that such circumstance, false entry or false statement
may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant
as such, or before an arbitrator, and that such circumstance, false entry or false statement, so
appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the
evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding,
is said “to fabricate false evidence”.

Section 193: Punishment for false evidence

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false
evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable
to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished
with imprisonment of either description for a term which may extend to three years, and shall also be
liable to fine.
Section 195: Giving or fabricating false evidence with intent to procure conviction of offence
punishable with imprisonment for life or imprisonment

Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he
will thereby cause, any person to be convicted of an offence which by the law for the time being in force
in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven
years or upwards, shall be punished as a person convicted of that offence would be liable to be
punished.

Section 196: Using evidence known to be false

Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to
be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

Section 199: False statement made in declaration which is by law receivable as evidence

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any
public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes
any statement which is false, and which he either knows or believes to be false or does not believe to be
true, touching any point material to the object for which the declaration is made or used, shall be
punished in the same manner as if he gave false evidence.

Section 200: Using as true such declaration knowing it to be false

Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in
any material point, shall be punished in the same manner as if he gave false evidence.

Section 211: False charge of offence made with intent to injure

Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal
proceeding against that person, or falsely charges any person with having committed an offence,
knowing that there is no just or lawful ground for such proceeding or charge against that person, shall
be punished with imprisonment of either description for a term which may extend to two years, or with
fine, or with both;

and if such criminal proceeding be instituted on a false charge of an offence punishable with death,
imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with
imprisonment of either description for a term which may extend to seven years, and shall also be liable
to fine.