By Dr Tamanna Khosla
Rape is a crime of gender inequality. But the fact is due to increased moral bankruptcy in current social order, rape doesn’t essentially stay to be a women-based crime. It includes men as well as victims. This is especially related to the case of married women as held by supreme court and High Courts judgement. They have held that a married woman cannot allege rape on the false promise of marriage, since she is already in a subsisting marriage, making such a promise legally untenable. Thus, courts though recognizing that rape is essentially a woman-based crime, have upheld the need to include crime against men as well.
Definition and Scope of False Allegations
False charges in the case of rape statutes involve situations where people intentionally and with malice falsely report a case of sexual assault that did not take place or took place voluntarily. Such claims could be based on personal agendas like revenge, coercion, peer pressure, or attempts to influence court proceedings for unrelated purposes such as custody disputes or financial advantage. Although the number of established false cases is usually controversial, their legal and social implications must be recognized, especially in a legal system that gives high priority to the protection of victims’ rights. Section 215 BNS is about giving false information to a public servant punishable with up to six months imprisonment or a fine. Section 246 BNS makes it an offence to institute false criminal proceedings to cause injury and prescribes the punishment as a maximum imprisonment of seven years along with a fine. Moreover, Section 354 BNS, which is the definition of defamation, and Section 354 BNS, which is the punishment for defamation, can also be applied in instances where the reputation of the accused is unfairly damaged as a result of a false accusation .Indian rape laws under Sections 63 and 64 of the BNS are intended to be harsh and victim friendly but are not free from abuse.
Social and Psychological Consequences on the Accused
The social and psychological consequences of false accusations of rape on the accused are potentially destructive and long-term. People falsely accused in rape cases generally suffer instant public stigma, dismissal from work, social ostracism, and irreparable reputational damage at the personal as well as the professional level. Even before they are legally proven guilty, merely being accused of rape can bring about arrest, media attention, and public scandal, giving rise to a presumptive guilt environment instead of innocent until proven guilty. This stigma even exists in situations where the accused person is finally acquitted because the social narrative might still link the individual to the offense. Psychologically, the experience of false accusation can result in anxiety, depression, social isolation, and in severe cases, suicide. The emotional damage is worsened by the long-time frame of legal cases in India, during which accused individuals spend years in court proceedings to prove their innocence. Family members of accused individuals become collateral victims in such cases, experiencing public humiliation, harassment, and emotional trauma.
Case laws in India
Jurists point out that, drawing lessons from precedents in cases of perjury, a woman accused of indulging in making a false case should not be given bail but must undergo legal processes as an undertrial. Dilip Patel v. State of Gujarat [2011 SCC OnLine Guj 7522],Arvindervi Singh v. State [(1998) 6 SCC 352], Ashok Sarogi v. State [2016 ALL MR (Cri) 3400], Iqbal Singh Marwah v. Meenakshi Marwah [(2005) 4 SCC 370], Surendra Mishra v. State [2019 SCC OnLine Bom], Perumal v. Janaki [(2014) 5 SCC 377].The Supreme Court’s Constitution Bench, in the case of Iqbal Singh Marwah v. Meenakshi Marwah, laid stress on the fact that legal issues relating to perjury and fabrication of evidence should be addressed expeditiously and firmly. The rule was reaffirmed by the Bombay High Court in Surendra Mishra v. State, wherein the Court ordered that the Trial Court should decide upon the application made under Section 340 of the Bharatiya Nagarik Suraksha Sanhita within a one-month period, solidifying the imperative and seriousness with which such an issue has to be addressed. Also, the Supreme Court has time and again emphasized the necessity of accountability for false accusations cases. In Perumal v. Janaki, the Court explicitly held that any person—be it police personnel—who assists or facilitates a woman in making or pursuing a false criminal case, be it of a serious kind like rape, can and ought to be prosecuted under the charges of perjury. The judgment also emphasized that any judicial officer who does not take proper legal action against such behavior is neglecting their judicial duties and responsibilities.
International Perspectives on False Accusations and Gender Bias in Rape Laws
In the United States, for instance, rape legislation and the legal treatment of false accusations vary from state to state. The Uniform Code of Military Justice (UCMJ) covers false accusations in military settings, and sections such as Section 919 (False Statements) provide that those who knowingly make false statements are prosecuted. Federal law also criminalizes false reporting under Section 1001 of Title 18 of the U.S. Code, which criminalizes knowingly making false statements to a federal agency, including the police. This provision gives a clear guideline for handling false allegations in rape cases, and the penalties can be from fines to imprisonment. Conversely, the legal system of the United Kingdom emphasizes heavily the balance between safeguarding victims and maintaining the rights of suspects. Section 53A of the Sexual Offences Act 2003 acknowledges the phenomenon of false allegations and makes provision for punishment for giving false information regarding sexual offenses. The UK laws seek to guarantee every complaint of rape is investigated completely, and any person convicted of making false reports can be sentenced to prison. Additionally, the UK legal framework promotes vigorous cross-examination at trial of the victims and aggressors to assure that false reports are questioned, and both suspects are treated in a fair manner. Australia, similar to the UK, considers fair trial proceedings and the concept of innocence presumptions. Australian law has provisions to deal with gender bias as well as false accusations when it comes to sexual assault. The Australian Criminal Code Section 314 criminalizes persons who provide false information to the police, including false complaints of sexual violence. The Australian law also acknowledges male sexual assault victims and offers legal means of reporting abuse without stigmatization by society. This gender-neutral stance is at variance with the legal system of India, which has been condemned for its single-minded concentration on female victims at the expense of male victims’ needs. The law in Canada places great stress on safeguarding the rights of victims as well as the accused. Section 137 of the Criminal Code of Canada deals with false accusations, and persons making false allegations of sexual assault may be charged criminally. Canadian law also has provisions for avoiding gender discrimination by providing equal treatment for both male and female victims during investigations and court cases. For instance, the Canadian law permits male victims of sexual abuse to complain about their abuse without discrimination or ridicule, as is common in the case of India, where male victims are often disbelieved or ostracized. An area of interest all over the world is the media’s influence on public opinion regarding sexual violence and false reports.
Recommendations
Based on the analysis of false accusations and gender bias in rape laws in India, several recommendations are proposed to ensure a more balanced and equitable legal framework that upholds the principles of justice for all individuals, regardless of gender.
- The legal definition of rape in Section 63 of the BNS needs to be reformed to make it gender-neutral. The law presently protects only women as victims and men as offenders, excluding male and transgender victims from protection by law. A gender-neutral law would bring inclusivity and an opportunity for all sexual assault survivors to have recourse as in UK, Canadian and Australian, legal systems.
- The proper enforcement of Sections 215 and 246 BNS, which address false information and false charges respectively, needs to be ensured. Police and judicial authorities must be trained to detect and respond to vexatious complaints without discouraging real victims. Special provisions or speedy procedures can be made available to deal with false allegations with careful consideration.
This however does not mean dilution of rape laws for women. It only means to make it more inclusive and less tenable to be exploited by any gender, so that a truly egalitarian and crime free society is established
(The views expressed are solely those of the author.)
