FALSE RAPE CASES IN INDIA: IT'S TIME FOR #MEN TOO

 WHY THIS ISSUE? I would like to start this topic with a line that was used in the movie SECTION 375 and was used by the defence counsel tha...

 WHY THIS ISSUE?

I would like to start this topic with a line that was used in the movie SECTION 375 and was used by the defence counsel that, "This case is a classic example of a woman using as a weapon, the very law that was made to protect her". This line has not just remained a dialogue of a movie, but unfortunately has become a harsh reality of our country. It is true that rape is an offence that is the most gruesome and hateful among all, it is true that the 2012 Nirbhaya case had shocked the conscience of the whole country, but at the same time, it is also true that there are instances which are nowadays seen so frequently in which FIR (First Information Report) related to a rape case is not filed by a woman to get justice, but is filed to intimidate a man, to defame a man, to take revenge from a man or due to some any other reason. The above points mentioned are not self-made points or not out of some personal tragedy happened in my life, but are based on statistics, data and report, which I would like to share before moving further on this topic.

 Delhi Commission for Women published a report in 2014 describing 53% of rapes reported in the city the previous year as "false" this was seized upon by men's rights activists as evidence that the legal changes and noisy public debate had ended up making victims out of men.

According to NCRB (National Crime Record Bureau) out of all rape cases filed every year approximately 70% of cases results in acquittal.

WHAT DOES THE ABOVE DATA SHOW?

The above data says that, yes it is true that rape cannot be committed on a man, but it is also true that agony that a man faces from getting engaged in a false rape case is not talked about, no march or movement like #ME TOO is started in favour of a man, No media channel takes interview of a person who gets acquitted from a rape case, no rehabilitation guarantee is provided by the law of such person in the society who has already been ostracised from his society.

WHAT IS THE LAW ON RAPE IN INDIA?

To read any of the following section completely click on it.

The term "rape" is defined U/S 375 of The Indian Penal Code,1860(IPC) which in simple terms means that, sexual intercourse by a man with a woman without her consent or against her will.

Section 228A of IPC puts a ban on disclosure of the identity of a rape victim.

Section 173(1A) of the Code of Criminal Procedure,1973(CRPC) says that investigation of a rape case should be completed within 2 months from the date of registering of FIR.

Section 309 of CRPC says that inquiry or trial of a rape case shall be completed within a period of 2 months from the date of filing of a charge sheet.

Section 114A of the Indian Evidence Act 1872, says that, if sexual intercourse is proved and if a woman says that she did not consent to have it, then the court SHALL presume that she did not consent subsequently the burden of proof will be upon the accused to show that she did consent.

As rape is an offence that is punishable with imprisonment which may extend to 10 years, which is a cognizable offence and gives complete power to a police officer to arrest the alleged person against whom the complaint is made. (SECTION 41(ba) of CRPC)

NOW, WHAT IF A FALSE RAPE CASE IS FILED?

As stated above, false rape cases are very common these days to intimidate a man, to take revenge from a man, to defame a man and many more personal reasons. In this generation of getting hooked up on tinder or getting into quick relationships in our teenage the trend of false accusations of rape cases has increased up to a large extent. It is not wrong to say that, the time has changed from 7 janmo ka rishta ( relationship till 7 rebirths) trend to one night stand trend, this has surely brought an immense development in mentality and modernisation but has also brought some grave issues like this.

But every problem has its own solutions, so just we need to be aware what are the remedies which are available with a man who is falsely accused of a rape charge by a woman, whether she being her Girlfriend, her close her friend, or an unknown girl he met over tinder.

REMEDIES WHEN A FALSE RAPE CASE IS FILED

1. ANTICIPATORY BAIL (Section 438 CRPC) click to read the section

It is a bail that is granted only by the High court or a sessions court. A person may apply for bail even before getting arrest by police or even before an FIR is filed of a non-bailable offence against him. To get the benefit of this provision he has to apply and to show that he has reason to believe that he may be arrested on accusation of having committed a non-bailable offence.

The court will inquire about the nature and gravity of the offence regarding which the person is asking for bail, the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a court in respect of any Cognizable offence.

The court may after inquiry either reject or grant him the bail. If granted, then though an FIR has been filed against him on a rape case, he may show this bail order to police if the police come to arrest him on that false FIR if filed, and he will not be taken into custody by the police.

2. CRIMINAL INTIMIDATION (Section 503 IPC) click to read the section

If a girl with whom a man had sexual intercourse, after that if that woman intimidates that man to do a thing which that man is not legally entitled to do or not to do a thing which he is entitled to do, as the means of avoiding such threat is said criminal intimidation.

FOR EXAMPLE, A man and a woman had sexual intercourse, now the woman threatens the man to pay her 1 Lakhs every month or demands that now he has to marry her. if he will not do that, then she will file an FIR against him that, he has committed rape on her.

In such a case, before she goes to file a false FIR the man himself can file a real FIR against her for the offence of Criminal intimidation, which is punishable with imprisonment of  2 years.

3. WHEN SUCH PERSON GETS GROUNDLESSLY ARRESTED (Section 358 CRPC) click to read.

According to this, If a False FIR is filed and the person gets arrested by the police and in the trial it is proved that there is no such case which exists and It was a false complaint made and as a result the person was groundlessly arrested, in such case the court may direct the person who caused the arrest to be made to pay compensation, not exceeding RS.1000

4. CRIMINAL DEFAMATION CASE (section 499 IPC) click to read the section

As it is very true that, though a false case if filed against you, but the fact that it is false is only known to you. Except you, the society, the media, the relatives and many others, in front of them your reputation your character will be questioned, in such a case a person may file a case of criminal defamation against that woman, which is punishable with imprisonment up to 3 years.

5. OFFENCE OF FILING A FALSE FIR (section 182 IPC) click to read the section

As when a case has been filed against a person which consequently is proved to be false, then it is itself an offence of giving false information to a public servant, intending to cause, such public servant, to use his lawful power to cause injury or annoyance to any person.

it is an offence punishable with imprisonment which may extend to 6 months.

CONCLUSION

The above remedies that are shown, which a person may use when a false accusation of rape is made against him is only remedial in nature. But, we need something which is preventive in nature, because after using any of such remedies also, he will already be suffering from agony and mockery from all over.

Our society and our media concentrate extensively on women's incidents of abuse. So when a guy is harassed, what about that? Society as a whole and separate parties in charge preserve unity and respond proactively against this emerging danger of false cases of rape.

We have in our country movements like #ME TOO, which is good and appreciable, but why there is no movement that favours a man who is harassed by a woman for her greed, revenge and other wrong motives.

It is not only a responsibility of men to beware of such acts, but is the responsibility of society as a whole to be conscious about the fact that ALWAYS MEN ARE NOT WRONG.

As a reader of this blog, I invite you to share your views on it and share it.

To read my previous blogs go to lawionoflaw.blogspot.com

Thank you

Nikhil Tak (campus law centre, Delhi University)