INTRODUCTION

“HE WAS NOT A RAPIST. HE DIDN’T DESERVE TO DIE,” every day such kinds of claims come in the newspapers where a man commits suicide because of being falsely accused of Rape. It is claimed that many women put rape allegations on males in order to extort money from men. False rape allegations are basically the aftereffect of parents concealing the “disgrace” of an unmarried daughter engaging in sexual relations. In India mindset of people is that all the males are rapists especially after the Nirbhaya rape case (2008). The advocacy of women’s rights on the ground of the equality of sexes is reached to so great extent that the male the society are affected, not all the males are same, and women these days are taking undue advantage of the rights provided to them, they also file the wrong FIR in order to take revenge. Like in the recent case of where Manav Singh of Gurugram committed suicide for a false rape allegation all cases have different grounds they should be treated and solved differently “ one side fit of all” is the actual principle to provide justice. If some male did wrong to the girl in the society then all-male should not be treated as rapists and not all women to be treated as victims. Men’s privileges groups and a few legal advisors accept these false claims of rape by women who have been in consensual connections to minimize the reality of rape. Significantly more upsetting is that the idea of sex establishing rape if a man “reneges” on a guarantee of marriage isn’t in the reformatory code. It has advanced dependent upon the situation because of judges deciding to decipher the thought of “assent” in this style. As a result, men can be charged with rape in the event that they falsely acquire assent for sex by promising to wed a lady and afterwards adjusting their perspectives. False accusation of rape is being utilized as the best weapon to retaliate for an old contention, be it of standing, religion or class. The principle of “innocent until proven guilty is not followed in these cases because of which even without discipline, the social standing of the denounced is harmed to the point that it is hard to reestablish it. 

LEGAL PROVISIONS TO DEAL WITH FALSE RAPE CASES

In India, there are no specific provisions that deal with false rape accusations but there are some related provisions that enumerate the false and fabricated evidence. These provisions are-

INDIAN PENAL CODE, 1860

Section 182: According to this section, if an individual has given false information to the police which is false and still has been intentionally given to the police to trigger unjust procedures on to the next individual out of retaliation and cause mental badgering to the said individual, will be managed by commanding a corrective quantum which may reach out to a half year.
Whoever, being legally bound by an oath or by an express arrangement of law to express reality, or being bound by law to make a revelation upon any subject, offers any expression which is false, and which he either knows or accepts to be false or doesn’t accept to be valid, is said to give false evidence.

SECTION 192: Whoever makes any situation exist or makes any false section in any book or record, or makes any report containing a false assertion, proposing that such condition, false passage or false proclamation may show up in evidence in a legal procedure, or in a procedure taken by law before a public servant thusly, or before a mediator and that such condition, false section or false articulation, so showing up in evidence, may cause any individual who in such continuing is to frame an assessment upon the evidence, to engage a mistaken assessment contacting any guiding material toward the consequence of such continuing, is said: “to fabricate false evidence”.

SECTION 193– Whoever purposefully gives false evidence in any phase of a legal procedure, or manufactures false evidence to be utilized in any phase of official action, will be rebuffed with the detainment of one or the other depiction for a term which may reach out to seven years, and will likewise be responsible for fine, and whoever deliberately gives or creates false evidence in some other case, will be rebuffed with the detainment of one or the other portrayal for a term which may stretch out to three years, and will likewise be obligated to fine.

SECTION 195– Whoever gives or creates false evidence expecting subsequently to cause, or realizing that it generally will be possible that he will along these lines cause, any individual to be indicted for an offence which by the law for the time being in power in India isn’t capital, yet culpable with detainment forever, or detainment for a term of seven years or upwards, will be rebuffed as an individual sentenced for that offence would be at risk to being punished.

SECTION 196: Whoever corruptly uses or endeavours to use as obvious or real evidence any evidence he knows to be false or manufactured will be rebuffed similarly as though he gave or created false evidence.

Section 199: Whoever, in any announcement, made or bought in by him, which revelation any Court of Justice, or any public servant or another individual, is bound or approved by law to get as evidence of any fact, offers any expression which is false, and which he either knows or accepts to be false or doesn’t accept to be valid, contacting any direct material toward the object for which the declaration is made or utilized, will be punished similarly as though he gave false evidence.

Section 211- Whoever, with intent to make the injury any individual, establishments or causes to be initiated any criminal proceeding against that individual or falsely charges any individual with having carried out an offence, realizing that there is no or legitimate ground for such proceeding or charge against that individual, will be punishable with imprisonment of one or the other portrayal for a term which may extend up to two years, or with fine, or with both; furthermore, if such criminal proceeding is founded on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for 7 years or more, will be punishable with imprisonment of one or the other portrayal for a term which may reach out to seven years, and will likewise be liable for fine.

CODE OF CRIMINAL PROCEDURE, 1973
According to Section 340 of CrPC if false or fabricating evidence is submitted in the court then a notice is to be issued to the certain police officer for an enquiry to determine whether the evidence was fabricated or not.

CONCLUSION
Media acts as a shaking pillar in a democratic country in India.The media also is liable for complicity as it regularly favours one side rather than essentially giving the facts. At the point when the media considers the sort of outlook of a more conventional, traditionalist society, it adds to the ceaseless pattern of casualty accusing and casualty disgracing. No one tries to find in the number of cases are the accused in fact convicted. The media chooses to disregard exonerations. The acquittal of an accused isn’t seen at all and he keeps on being marked as a ‘rapist’ even after his fair absolution. These outcomes in men getting falsely ensnared or having a passionate breakdown. Alongside their standing enduring a shot, they need to confront the difficulty of legal disputes and their professions being destroyed. Seeing the expanding revealing of false rape cases, the Delhi High Court guided the Delhi Women’s Commission to appoint prepared advisors in all police stations who can identify with the rape casualty and dissuade people from recording false rape cases. Also, the Indian Judiciary has started taken positive steps to ensure that justice is being served. It is enumerated that a rape accused cannot be convicted on the basis of the sole testimony of the victim unless it is “absolutely trustworthy, unblemished and of sterling quality”. Accused must remain strong and must believe in the Indian Judiciary.

REFERENCES

https://www.livelaw.in/top-stories/de-recognition-of-political-parties-can-be-a-last-resort-to-enforce-compliance-election-commission-tells-supreme-court-177856?infinitescroll=1

https://blog.ipleaders.in/legal-conundrum-making-laws-false-rape-charges-india/
https://www.theguardian.com/global-development/2019/feb/11/spare-innocent-men-anguish-india-ruling-aims-to-end-false-claims
https://www.indialegallive.com/cover-story-articles/il-feature-news/false-rape-cases-victim-blaming-victim-shaming/
https://www.researchgate.net/publication/277871530_Editorial_Rising_Menace_of_False_Rape_Cases_in_India_Problems_and_Solutions
http://www.legalservicesindia.com/law/print/1431
https://www.latestlaws.com/latest-news/sc-on-rape-but-for-sterling-quality-of-deposition-statement-of-prosecutrix-alone-not-enough-to-record-conviction/

You may also like to read:
× How can I help you?