Abstract:
It is shameful for us as a society to stand at a juncture where rape has become the order of the day and rapists are feeling safer than the victims. Rape is one of the most atrocious crimes and anybody doing it, abetting it, watching it happen is equally at fault. But if one single problem wasn’t enough, we have another. The right given to a victim to stand up against this unjust crime is being used by certain individuals for their own selfish goals by framing false charges. This in turn is ruining the credibility of the genuine cases and deterring the genuine victims from being able to file their cases because they are looked at with eyes expressing contempt for they are also taken as someone who are falsely accusing someone. In this paper, I have defined rape, changes to rape laws as per Bhartiya Nyaya Sanhita, 2023. I have further sought to answer the questions on the available data on the subject, cause of these false allegations and what are the societal impacts of such allegations. I have additionally listed out the provisions under our penal code that can be used against such people who are hampering the process of justice.
Keywords:
False accusations, rape, sexual assault
Introduction:
“It is a very scary time for young men in America. You could be somebody that was perfect your entire life, and somebody could accuse you of something.” said former US President Donald John Trump in the light of his ‘Hush Money Trial’ where he was accused of indulging in sexual intercourse with an adult film star named Stormy Daniels. This entire situation and the Republican’s comment have wider ramifications for the entire society than what is visible to the naked eye.
What is the actual scenario? Are the former President’s views backed by quantitative data or is his argument that of an exception? And if the opinions are backed by data, what are the implications for the society at large? What is the situation in a multi-faceted Indian society? Further exploration of the role of the state actors in its perpetration. That is what I seek to answer through this research paper.
In contemporary society, the problems of marital rape, requirements for stronger rape laws, and the problem of rape in general have often been contemplated and rightfully discussed. But today we are witnessing an entirely different facet of the problem: the problem of false rape allegations. At face value, this problem comes across as something that will be detrimental only to young men in our society and that is far from the truth. I argue that the overall consequences of this problem have far worse ramifications for women and the society as a whole.
But what is the situation in an intricate and multi-faceted society like India? Well, it is much more complex considering the fundamentally different nature of our society. This study is extremely relevant in today’s context considering the potential impact it can have on the current rape laws and their misuse. The motivation behind this research paper is to try and deter the people who are framing such cases and in general help people understand the severity of the impact such cases can have on the structure of our society.
Aim:
To explore the societal consequences of false rape allegations in India, examining the potential reasons for the crime, and the available data
Research Questions:
- What is the situation of False rape allegations in India like?
- What does the available data say?
- What are the wide-ranging impacts of such allegations?
- In a case where such an accusation is made, what are the measures that can be taken against it?
Research Methodology:
The nature of research done throughout the course of writing this paper has been majorly qualitative and secondary. This method is non-experimental and derives its conclusions from the previously conducted studies and data collections. The major secondary sources that have been used include newspapers, law journals, certain case laws, and credible websites. A thorough analysis of the topic has been made from all the above sources and quantitative data is added wherever deemed necessary.
Review of literature:
- False rape charges are not the result of a gender-related aberration, as is usually stated, but rather represent hasty and desperate attempts to cope with personal and social stress conditions.
- False rape accusations have the potential to devastate the accused’s life and career. A fake rape defendant loses his honour, is unable to face his family, and is stigmatised for the rest of his life.
- A study was conducted in 2018 to assess police perceptions of the likelihood of fraudulent rape reporting. Though authorities expected 5 percent to 95 percent of reports to be bogus, no more than 3-4 percent may have been made up. According to surveys of police and prosecutors, many in law enforcement routinely overestimate the rate of false charges, resulting in what some experts have described as a culture of mistrust toward accusers in sexual assault cases.
- Rapes reported in the news media are usually sensational and do not always correspond to the reality of most rapes. Incorrect assumptions about false rape allegations increase the likelihood of a person reporting rape being blamed or disbelieved.
Method:
A comprehensive online literature search was conducted across different well recognized databases to identify authoritative sources on the legal, and ethical aspects of false rape allegations in India. Relevant sources were meticulously evaluated, prioritizing those from reputed institutions, journals, articles and blogs. Data were systematically extracted, analyzed, and thematically categorized to align with the research objectives. Proper citations were rigorously maintained, and emerging developments were continuously monitored. Throughout the process, academic integrity and a balanced perspective were consistently upheld.
A look at the current rape laws and the purview of their protection
To holistically discuss the topic of false rape accusations, we need to ensure that we are clear with the definition of the word rape. The Criminal Law (Amendment) Act of 2013 amended the definition of rape in Section 375 of the Indian Penal Code in various ways (IPC). According to the new definition, a man commits rape when he inserts his penis inside a woman’s vagina to any extent. It doesn’t matter how far the penis has gotten inside the vagina. Even a minor penetration of a man’s penis into a woman’s vagina constitutes rape.
Section 375, clause (a), plainly states that any insertion of a man’s penis into a woman’s vagina, mouth, urethra, or anus is rape.
Now, under clause (b) of the above law, whether a guy inserts the same or forces the woman to do so, the act is considered rape.
Clause (c) of the aforesaid action states that if a male manipulates any part of his body other than the penis into a woman’s vagina, urethra, or anus, or any portion of her body, or forces her to do so with him or any other person.
Finally, clause (d) of the section states unequivocally that a man commits rape if he puts his mouth to a woman’s vagina, anus, or urethra or forces her to do so with him or another person.
Acts defined by these four clauses (a) to (d) of Section 375 of the Indian Penal Code must now be committed under any of the seven descriptions, which are as follows:
- Against her will.
- Without her consent.
- With her consent but the consent was obtained by putting her or any person close to her in fear of death or of hurt.
- With her consent but the man knows that he is not her husband and the consent was given because the woman believes that he is the man with whom she is or believes herself to be lawfully married.
- With her consent but at the time of giving such consent the woman was unable to understand the nature and consequences of her consent.
- With or without her consent, when the woman is below the age of 18 years.
- When she is unable to communicate consent.
Consent: – As per Section 375, consent can be defined as an explicit and voluntary agreement when a woman shows willingness to engage in a specific act through communication, verbal or non-verbal. The fundamental principle of consent is choice, not will.
Furthermore, the amendment is more stringent in the case of gang rape. Before the change, the minimum punitive quantum was 10 years, which could be extended to life, with an added provision that the punitive quantum could be reduced below the minimum prescribed under “adequate and special circumstances.” The amendment repealed this specific provision to ensure that it cannot be exploited in any circumstance, and the minimum punishment was increased to 20 years, which may be extended to life depending on the circumstances of the case. These provisions were further changed by the Bhartiya Nyaya Sanhita 2023 but the major essence of the laws remained. Some major changes concerning the rape laws were: –
- Rape: The Bharatiya Nyaya Sanhita, 2023 has changed the age from 15 to 18 in Exception 2 of Section 375 of the Indian Penal Code,1860, which was also held in the case of Independent thought vs U.O.I and Anr. [1]
- Gang Rape: Section 70 sub-section 2 of the BNS has changed the age of victims from 16 to 18 years of age.
- Sexual intercourse by deceitful means: Section 69 has been added to the BNS which imposes a punishment extendable to 10 years for having sexual intercourse with a woman on the false and deceitful pretext of marriage.
The major problem in this regard is that the provision snubs a scenario of false rape allegations and the specific punishments. Surely, there can be other remedies under the laws of BNS, 2023 but there is no specific clause dealing with charges of false rape. Other areas that might have been overlooked are the laws concerning marital rape, sexual harassment, and rape of men, consensual sexual activities being turned into lawsuits by the parents, and many more.
Now that we know the exact meaning of the word rape and what our constitution prescribes as punishment against this heinous crime, we can move forward and look at the available data in the sphere and further our knowledge on the subject.
Analysing the different data available on the subject
It is commonly said that a weak fact holds more power than a strong opinion. I can break down the entire problem and elaborate on its consequences but if the basic facts aren’t supporting my proposition, then it holds little value. Thus, in the first part of my research, I worked on compiling the necessary data from different institutions around and analyzing it.
In 2014, the Delhi Commission for Women submitted a report stating that 53.2% of rape cases registered between April 2013-July and 2014 in Delhi were false. In India, the threat of false rape cases either has been increasing since the amendment to the rape law in 2013 after the Nirbhaya case. This is evident from the study of court judgments and media reports by courts across the country.
According to the figures from National Crime Records Bureau’s (NCRB) Crime in India Report 2020, less than 8% of all cases under investigation for rape were found to be ‘false’. Other categories under which cases are logged are ‘cases ended as the final report (FR) non-cognizable’, ‘cases ended as a mistake of fact or law or civil dispute’, ‘cases true but insufficient evidence or untraced or no clue’, and ‘cases abated during investigation’. Similarly, only 10% of the cases filed under ‘assault on women with the intent to outrage her ‘modesty’ come under the above four categories.
In totality, all the new and credible studies have estimated the number to be in the bracket of 8 to 10 percent against the old conservative estimates. But, the picture isn’t as simple. We cannot interpret this delicate data just in a directly proportional scheme. We have to read it thoroughly, understand it, and acknowledge all the major facets.
Interpretation of the data available and delving into the motives behind false- rape allegations:
We have to understand that our world is not akin to the movies in the early 80s which were black and white. The world also has a grey area, a blue area, a purple area, and a wide spectrum of colors. A nuanced approach is required to study and understand such a complex problem. In such cases, the data doesn’t speak for itself and has to be thoroughly interpreted to understand the problem.
Each false rape allegation is essentially an allegation that was proved to be wrong in the court. With all due respect, the courts make their final judgments to the best of their abilities upholding the values of equality and justice but we have often seen instances where someone’s right was proved wrong in the halls of the court. Similar is the case for false-rape allegations. Who knows it might be a lack of evidence, pressure from society, monetary lure, or any other reason that might have led to the withdrawal of a case from the court or conceding defeat. According to an analysis of National Family Survey data by Livemint in 2018, 99% of instances of sexual violence in India go unreported. That data in itself speaks volume s about the societal pressures the victims have to undergo just to seek justice. My purpose behind writing this is not to justify false rape cases but to put forth the fact that a case can be wrongly categorized as a false rape case.
Now, come to the main problem: the genuine false rape cases. There are a wide range of reasons that can be relevant in the context of false rape allegations, but some of the more prominent ones are: –
- Monetary Extortion: – this is one of the most widely recognized reasons for false rape allegations. There have been cases where the plaintiff has labeled a charge against the defendant just to extort his money or threaten him to pay her money in exchange for his societal reputation. In a case where an individual refuses to pay the monetary sum, a false charge is made against him with the intent to damage his societal reputation.
- Revengeful attitude and personal vendetta: – It is safe to say that in our society if any such charge is made against a man or a woman for that matter, even if they are proven innocent, their reputation is most definitely tarnished. In some cases, hateful people bring their vendetta to the courtroom in an attempt to falsely ruin the life of the one they have a vendetta against.
- Seeking commitment and post-break-up scenario: – Sometimes individuals in a relationship tend to frame such a case against the other individual to force them to commit to a relationship. It has also been observed that in post-break-up scenarios the consensual activities during the period of a relationship turn into a rape accusation just because the couple isn’t together anymore.
These were some of the major reasons that have motivated people to accuse someone falsely of committing a rape. Now that we understand the complex nature of the accusation and the major reasons behind it, we are in a position to study about the impacts of such heinous allegations on society.
What is the impact of such cases?
- Such false cases negate the credibility of the genuine cases
When a false rape allegation is filed and then it is proven wrong in the court of law, if significantly undermined the credibility of the genuine cases. Once by the word of mouth people start discussing about such cases, the credibility of the genuine cases tumbles. Someone who wishes to report a genuine case will be looked at with the same eyes of disdain.
- Increases the societal pressure against genuine cases and deters the filing of such cases
Closely following the first argument is the second one. Once everyone starts hearing about false cases more frequently, then instead of supporting the genuine cases, they start deterring the genuine victims from filing a case. In a place where the victim need utmost strengthen the society and even their close ones start distrusting them and eventually deter them from filing a case.
- Ruining the reputation of men falsely charges
We live in a societal structure where what id heard first is generally considered to be right. If once a rape allegation is filed against a man, his life is surely destroyed. There have been cases where it has been proved that the man was not at fault but just because the case went for trial, the society pinned him down to be the culprit. Such cases have often led to young men committing suicide.
- Ruining the image of women in general in a patriarchal society
India became a patriarchal society in the early 1700s and although the situation is better now, there are still certain elements that exist in our society. Elements that look at women with disdain. Women working in any sector aiming to climb up the ladder are looked at with a single lens that have been used to look at women filing such false allegations. This can create a situation of frustration and helplessness in individuals who are innocent.
Thus, we can see that such cases have no positive effects whatsoever. They only ruin the structure of our society and are more harmful for women then for men.
What are the measures that can be taken against it?
If a false complaint has been filed or false evidence has been presented to prosecute an innocent person, or if there is any intention to accuse an innocent person, the Indian Penal Code has penalized certain offenses in which falsifying has occurred, and the following defenses can be raised:
- 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 a 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 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 the 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 that may extend to seven years, and shall also be liable to fine.
- Section 195: Giving or fabricating false evidence with intent to procure conviction of offense 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.
Thus, if a case of false rape allegation is proved, the above sections of the IPC can be invoked by an individual to take the plaintiff to court and seek justice.
Suggestions:
Navigating the legal intricacies surrounding false rape allegations necessitates a nuanced approach that harmonizes governmental action, ethical deliberations, and public trust. Here are some key recommendations and pathways forward: –
- Transparency and Public Engagement: Building public trust and acceptance requires transparent regulatory processes, and active engagement with the public. In India, culturally sensitive communication strategies can help people understand the nuances of such problems and not look at everyone with a single lens.
- Awareness regarding the rights and duties: Awareness and acceptance are the first rungs on the ladder of change. Everybody needs to be made aware of such cases and how they can prevent themselves from getting into such an entanglement. This process will help them understand that actions of few don’t define the society and how such cases shouldn’t not be generalized to a particular community at large.
- Severe punishment for such offenders: This is a case that can potentially disrupt the society. All offenders must be dealt with in such a manner so as to set an example for the society. Only adequate punishment can act as a good deterrent to crimes.
Conclusions:
Throughout the course of this research paper, we have analysed the data available on false rape allegations. We have understood that the data has to be looked at with a nuanced approach and not just in a direct way. The causes, consequences and remedies against false rape allegations were discussed.
We can conclude by asserting that such allegations are a curse to our society and must not become the norm of the day. All cases should be analysed on an individual level because different cases have different intricacies that need to be dealt with. All in all, we can understand the grave nature of the problem and how tackling it is very necessary. To tackle it efficiently the government and the people need to work together with an open mind for that is the solutions to most of the problems our world is currently facing.
Citations
- Gupta, Aryan. “AN ANALYSIS ON THE FALSE RAPE ALLEGATIONS IN INDIA.” Indian Journal of Law and Legal Research, vol. 3, no. 2, 2023, https://doi.org/ISSN: 2582-8878. Accessed 13 Jul. 2024.
Kanishk Goyal
Hidayatullah National Law University, Raipur