In last few months I have received calls of false rape cases, threats of such case etc for purpose of pressurizing a man into marriage, extortion and so on. There is a false rape/gang-rape news reported almost everyday in the media, a few of which I have already blogged about. I tend to cover those stories where the falsely accused either turned the tables on complainant (and gang), or got acquitted and court gave an order to file case on complainant/police etc. Such news are important so that it can be instructive to others on how to fight back in a false rape case.
In this article I attempt to collect information on various false rape stories where the courts have given not just acquittal order but termed the whole case to be malicious, false, motivated etc; and so these can be instructive to those who are accused on how to fight back. Also I will list a few of the IPC sections which are meant to punish both complainants, witnesses, police, lawyers who help in wrongful filing and prosecution. There is huge gap between theory of law and practice, so although we give more weightage to what’s the practice in courts; but people are always encouraged to go through the bare IPC and CrPC sections to see how new precedents can be created. Mostly the prosecution for false case can only be initiated by judiciary, but pressure needs to be created else nothing will change.
Precautions during relationships
Many of the reported rape stories these days are of the variety: “I was raped by him for 3 years…”, “I was sexually abused for 2 years”, and so on. Unless someone was put in a cage and used as a sex slave such a thing is not possible. By using a creative interpretation of law, some precedent has been created by judiciary where false promise of marriage has been taken to be cause enough to register a rape complaint. This is like a shotgun marriage where the Indian judiciary holds the shotgun to the current ‘rapist’/future bridegroom’s head! At the same time, there have been recent judgments including one by Supreme Court where it is ruled that every breakdown of promise of marriage cannot be turned into a rape complaint. However, as yet there is no unequivocal precedent where such complaints can be brushed away at the stage of police station itself. So one must be careful of psychotic and unstable kind of women.
How will you know whether the woman is psychotic or unstable? We don’t want to do a clinical analysis, but maybe a golden rule can be: When in doubt, get out! Do not believe every sob story someone tries to pull on you. Women who are creating constant drama in their lives, or those who don’t have much at stake by way of own reputation or professional credibility should be even more suspect. Any woman who threatens suicide or other legal threats should be avoided for all future time. It is not your life mission to save every damsel in distress if it means possibility of false rape case in future!
Without sharing specific details of the case, I can say this that one person who called me was being threatened and blackmailed by a psychotic woman, but against basic advice he got involved even more and now it has become even more difficult for him to extricate himself out of the whole situation. The law cannot help you if you don’t use basic common sense!
The basic rules if case if filed
Most important rule of fighting any false case: Give a fight at least! Anyone accused of any crime is to be presumed to be innocent until proven guilty. That is a fundamental principle of justice. So one should not get pressurized into doing a compromise by paying money etc in a situation of extortion when complainant makes a false rape allegation and the whole gang of complainant, sometimes lawyers, police tries to corner you. Many a time the police will threaten the man that he will have to face serious consequences if the case is reported and FIR taken. In that case too, take a lawyer with you and even otherwise let the police know that there can be consequences of false case too on both complainant and those who help in filing a false case. Police is used to testing people psychologically and for them it is routine to say something on your face and expect to see your reaction whether you get scared or you keep your calm. Usually they let loose their ‘power’ on poor and illiterate people, and don’t want to mess with someone who knows how to fight back by legal means like filing RTI etc later.
Second most important thing is to remember that any crime has to be proven beyond reasonable doubt. Merely making up a sob story is not enough to convict anybody. These days the kind of stories I am hearing is that some girl has a few chats with you on facebook, maybe a few phone calls etc and a few meetings, and then she decides that the right time has come to haul you over the coals by filing a rape case against you!
IPC section 182 against false rape complainants
The woman was arrested under Sections 182 (giving false information), 465 (forgery), 388 (extortion) and 120-B of the IPC on Wednesday and produced before a court, which sent her to Ambala jail for 14 days.
In above case, although the ASI (Assistant sub-inspector) was also a culprit, it is not mentioned what action was instituted against him.
http://www.mid-day.com/articles/ghaziabad-woman-booked-for-filing-false-gang-rape-case/201038
A case for misleading the police under section 182 of Cr.PC (Criminal Procedure Code) has been registered against the woman and Sanjiv," said Superintendent of Police (City) Shiv Shankar Yadav. -
IPC Section 182 is reproduced below:
Section 182. False information, with intent to cause public servant to use his lawful power to the injury of another person
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.
Illustrations
(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.
(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assistants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villages or some of them. A has committed an offence under this section.]
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 6 months or fine of 1,000 rupees, or both—Non-cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
IPC section 195 for false rape case
As covered in previous post, in this recent Tamil Nadu case, Supreme Court has overturned Madras HC’s judgment and ordered to prosecute police for false rape under IPC 195. The state of affairs of Indian judiciary can be gauged from the fact that both the trial court and Madras HC refused to initiate a complaint against the police! Innocent citizen be damned, but I must protect my brother policeman (sister policewoman in this case)!
He said, "In the case on hand, when the appellant alleges that he had been prosecuted on the basis of a palpably false statement coupled with the further allegation in his complaint that the woman SI did so for extraneous considerations, we are of the opinion that it is an appropriate case where the high court ought to have exercised jurisdiction under Section 195 of Criminal Procedure Code.
Suspects Gurveer Kaur, Rohtash, Ramesh, and Sunil Kumar are charged under Sections 420 (cheating), 195 (submitting false evidence to get someone imprisoned for life), 211 (false charge with intent to injure) and 120-B (criminal conspiracy) of the Indian Penal Code (IPC).
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.
Illustration
A gives false evidence before a Court of Justice intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without fine.
CLASSIFICATION OF OFFENCE
Punishment—The same as for the offence—Non-cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
It is to be noted that in under IPC 195, the punishment for false complainant will be same as that of crime being accused, say rape under IPC 376.
IPC section 193 and 211 for false rape complaint
Having appeared before the court as a “victim” of gang rape, a 32-year-old Nabha resident would now face trial for not only registering a false complaint, but also for furnishing false evidence and also on charges of perjury.
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The court, in a strong worded judgment of December 18, Shalini Singh Nagpal has initiated a criminal trial and written to chief judicial magistrate (CJM) to proceed against the “victim” under Section 211 and 193 of the Indian Penal Code and Section 340 of the CrPC. A maximum of seven years rigorous imprisonment can be awarded for the offences.
Suspects Gurveer Kaur, Rohtash, Ramesh, and Sunil Kumar are charged under Sections 420 (cheating), 195 (submitting false evidence to get someone imprisoned for life), 211 (false charge with intent to injure) and 120-B (criminal conspiracy) of the Indian Penal Code (IPC).
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.
Explanation 1
A trial before a Court-martial; 1[* * *] is a judicial proceeding.
Explanation 2
An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. A this enquiry is a stage of a judicial proceeding, A has given false evidence.
Explanation 3
An investigation directed by a Court of Justice, according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.
Illustration
A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence.
CLASSIFICATION OF OFFENCE
Para I
Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II
Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—Triable by any Magistrate.
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 1[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.
CLASSIFICATION OF OFFENCE
Para I
Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II
Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
Para III
Punishment—Imprisonment for 7 years, and fine—Non-cognizable—Bailable—Triable by Court of Session—Non-compoundable.
Again, the important thing to note in both Sections 193 and 211 is that based on the severity of the alleged crime, the punishment for false allegation can also increase to 7 years. Since rape has minimum punishment of 7 years, a false allegation of rape can attract punishment of 7 years under the above sections.
Section 340 of CrPC which covers Perjury (lying under oath) is covered in many posts on this website.
I will be expanding on this article in future as and when there are new judgments against false rape accusers and their gang.