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.
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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.
Unable to post only Not all cases are fake
The boy staying in live in with girl who wasn’t well on health and emotionally trapped her in being physically intercourse with him after many instances where she avoided intercourse he n his family had committed marriage t her n her family n friends all new of it later emotionally blackmailing her of being attracted to other women n leaving her made the girl get physical with him as she was way much emotionally attached to him for which we have all possible evidence voice notes whatsapp pics mesgs
During this the girl got pregnant n the boy fled off later his family got them engaged in their home town after 2 months of engagement when the girls father is in coma they called the girls familys 2-3 times to fix date of marriage n then did not conclude finally they asked them to get the girl n will fix it up when they went with the girl they got all sort of medical check up n all done which also stood in girl favour but to turn it at end the guy who knew the girls past for which too we have proof stated the girl characterless using her letters from PST which was 2008 n broke the engagement while returning back the girl was so emotionally deviated she faced miscarriage on very same night itself later tired of trying to approach them she filed 376-1 against him 500 420 417 n ita act as there is eveidence he forwarded their personal videos n all to other on mail so now if the boy agrees to marry after being arrested can the boy be bailed out with her consent affidavit and can the case be quashed after marriage ? ( also note the guy earns nothing she was helping him to make his career in acting n has spent lakhs on him she needs no money from him nor does he earn )
very difficult to say since facts are not clear… many ‘technical rape’ cases get quashed due to compromise. Whether he earns or not has not much significance in this kind of case (technical rape/cheating), except an emotional argument. When the guy has spent money on girl before marriage whether on education or career, he doesn’t get any sympathy for that if she ditches her later.
hello my name is benjamin i meet one girl on tinder application we meet each other and watch movie and going my flate and sex with each other permission. after 3 days she call me and black mail me tell me give me 20000 rs or i will file rape case against u.so wht is suggestion for me how i can prevent my self from this situation .i dnt know she thratnig me or she doing complain i dnt know.still now she not doing any complain she warn me so what i can do to prevent my self can i give her 20000 and meter get closed or i fight against her .every one say me give her money and close it but if she ask more what i can do. so tell me basic step i can take to prevent my self.i also have recording of money she ask.
If you have recording of her asking money, then that can be good defence. Also collect and keep proof of tinder etc. Rogue females can still get FIR filed sometimes, there is no escape from harsh reality of false FIRs
How do I safeguard myself from false sexual harassment claims?
Deny the charges, ask enquiry committee etc to stick proper procedures and base decision on hard evidence, rather than mere allegations.
These are steps which I can take once such charges are made against me.
I want to know if there is any precautionary step I can take to be safe. I know, not harassing someone would be the first step. But when you are famous and in the limelight, these kind of issues tend to crop up to you for no reason.
So, do you have any ideas as to how I can safeguard myself by taking some precautionary step?
Just common sense things: Keep discussions to strictly official work, don’t hold one on one discussion with female inside closed door etc. There is no 100% guarantee: you can drive safely on the road, but you can’t control what others will do.
I want to know what precautionary measures I can take. I know I can deny the charges once such an allegation is made. If there is a letter or a contract I can sign or something to be done legally.
Your signing any letter is no use, it’s the other party who should give in writing to you. But be careful about this get-signed-affidavit-approach-to-safeguard followed by many. One can’t safeguard on future behaviour by someone else or by yourselves. Read this for details (section Can an affidavit from wife protect from further false cases?):
http://menrightsindia.net/2016/04/how-to-safeguard-from-false-cases-by-wifepart-1.html
sir what if one had some casual conversation on some messenger with a woman who maybe say after some time goes mad and tries to settle scores by filing a false harassment. what to do in such cases?
hehe… how does “casual conversation” lead to “settle scores” later?
Stop doing casual conversations with stranger females… there is no other possible safeguard. How do you even know the person you are talking to on FB is a female you think she is or some impersonator?
Hi I am 33 yr old guy… I have had consensual sex with a friend of mine. I have clearly told her that I won’t marry her at any cost and went ahead. I have what’s app message proof for that.. For the last 1 and half yrs I haven’t had contact with her. She now says she went into depression because of me and she wants to marry me for which I have refused She keeps on sending me messages everyday. She destroyed my reputation in my family and work place by telling everyone that I cheated her though I was clear from day 1 . She says she ll not let me get married to any other girl. What can I do now. I never speak to her at all.but the very threat it self is making me feel bad. Please guide me.
If she wants to file false rape case, she will one day. The problem with reputation is that such women tell all lies possible to destroy man’s life, but most men try to hide or escape hoping problem will go away. If she defames you in public (facebook, messages to your family/friend etc), why shouldn’t you approach court with defamation case or at least get some kind of injunction order against her (this is not legal advice). This is the aggressive route, in other countries like US it may be very much possible, but in India most lawyers will give you paan-walla type advice that “laws are in favour of women”, so it may not be feasible to carry it out.
Sir
Still the girl tries to contact my friends and is still trying to accuse me of cheating. I have not yet approached any lawyer till date regarding this matter. What do I do to avoid further problems. Please guide me sir.
If you approach a lawyer too, there is little he/she will be able to help you with except to wait till a complaint is made by her. Don’t initiate any contact yourself.
My father in law has stucked in the rape case.the girl has lodged fir against him and stated that the incident took place two years back.he is in megistrate custody now.please give suggestion
Get bail. Read judgments on acquittals in false rape cases. Based on that create cross-examination questions to be put to complainant in court.
Sir not every case is false boys do give promises and thn later they always deny. The same thing happened with me n lastly boy got married with me but still am at my home and now I too move on the story is about 5 years back tht after case we got married n judgement came out but now the problem is tht judgement having my name which is affecting my life. In any case the judgement can be removed from net. Please help if yes thn please guide me. Thanku
If it’s reportable judgement and court itself has uploaded it, then it may not be possible to remove it. You might try thinking of changing your name instead, if it’s so big a hurdle.
Hi I am also overcom by false complent of Rape . I am charged with sec. 376 2N 242 323 324 506 212 213 238 IPC. I was in Jail for 23 Days and after that I relised on bail. We file section 239 against charge and after 7 months we won . Learnd court discharge my case and free me. In between opossit party continiusly force me for rajinama and asking for 10 lakh rupees but we refuse to gave them and recoeded everything.
What are my leagle options now I want to punish them all because they still Asking for money and still threttin me for randsom .
Hii….
How did you got bain within 23 days in such a false but strong allegations u/s 376
My brother is also falsely alleged… give me some suggestions…he is in jail since 3 months
I need guidance on what can be done in this situation
My girlfriend was recently harassed by an individual who has been caught recently and is in custody and being questioned. He is putting the blame on me that I have asked him to conduct such heinous acts.
The assailant is known to be educated and uses fake facebook id’s and knows how to hack accounts
My facebook id had been hacked a couple of times of which i have proof and screenshots to prove this. I have the ip address as well from where these hacks were conducted.
I am innocent and although i am being protected by the family of my girlfriend, the police require a statement.
How can I safeguard myself from this false accusation.
Please reply I need help and guidance
Thank you.
Cyber crime can investigate this (that’s up to police to coordinate who will investigate anyway), and if what you are saying is true they will be able to ascertain that the particular individual is behind all of it.
>>How can I safeguard myself from this false accusation.
You can’t. Accusation is already made, and only police/cyber crime can give a clean chit. You can offer to give evidence to them whatever you have, and if they ignore it (very much possible with our police), then your only recourse is for a trial in court. Probably a writ petition in high court could be filed citing improper investigation by police, but I am not very sure about it since the accused is not given much say in our criminal system, except to cross-exam witnesses/defend during trial. Check with a lawyer if that situation arises.
Hi myself anuj and i m 25years old. I had afaire with married women whos age is 29. One day her husband got to know about it and he pressurise her to file a rape case on me. And she did it. We had consexual sex. So i want to know that is this valid case? So please give me feed back regarding this.
What is the confusion? Collect proofs of consensual relations.
So if i got proof for consantual sex then case will be discharged?? Positive DNA report does not important if its proff consactual sex..
Discharged? When did I say case will get discharged? First you started with one story, now adding more facts like “positive DNA report”.
I suggest read at least 10 judgments on IPC 376, instead of asking doubts one by one.
Passport office mein apne client k kaam se ayi thi maine iski help ki or isne mujhe apna profession as a advo btaya to number exchange kiya jab maie boola k meri sis ka cas chla
rha hai uske baad 1 saal tak koi contact nahi hua fir iski call ayi isne mujhe bola k passport apply karna hai to ap wahi hhote ho to maine bola k maine job change
karli hai to isne puch ak ab kahan chale gye to maine bola kkk maine ab as a District Manager Punjab Sewa kendra mein join kiya to isne mujhe mera office ka pucha tab meri koi sitting
office nhi mila tha to isliye maine isey apna center nahi btaya fir ek din yeh mujhe tehsildar k office mein mili to baat hui to iisne mujhe pucha k apne ghar kkab niklna hai to us
usdin meri meeting Gurnam Nagar/Sakattari Bagh mein thi to maine isko bola k main sakattari bagh jana hai to isne bola k please mere ko wahan tak drop kardoge jab maine center k pas
bola k mera center agya hai to isne bola k acha lgega k ap ghar se thodi door mujhe drop kardoge ghar tak to chodh k aao jab main gya to iske mother ghar k bahar e baithe the to maine unhe wish ki
or vappis aagya to iska thanks ka msg aya to maine bola k apke mamma ne gussa kiya hoga k yh begana ladka kon hai to isnne mujhe bola k mamma ko aise koi prob nahi hoti
fir isne mujhse meri sis k case k bare mein pucha jispe maine btaya k mujhe is bare mein kuch zada to nahi pta to isne bola k ek bar case mujhe padhao to sai k kya hai case
to isi bahane isne humare ghar aane ka bahana dhunda fir isko main ghar le k gya to isko mere parents ne as a daughter treat kiya to isne mujhse kaha k mere parents nahi hai
mujhe apke parents se wo pyar mila hai main inhe milne aa sakti hu.maine koi aitraazz nahi jtaya or yh ghar ana shuru hogai to isne mujhse pucha k ap log sikh famile mein shaadi kar sakte ho to maine bola k meri
family aisi soch ki maalik nahi hai to isne mere parents ko ghar aane k liye kaha.Mere papa ne kundli ka pucha to isne mujhe btaya k yeh jo mother hai yeh mere massi ji hain.Mere real mother bachpan mein e expire ho gaye the
or yeh baat kisi ko b btane se mna kia or yeh b btaya k bhai k real nahi hai jis vjah se mera time of birth nahi hai.To fir family se baat ki to unhone baat agey badhayi k chalo kundli nahi hai to
dekhte hai kya bnta hai .Meri family ne inke ghar jana tha to Mere papa ki tabiyat khrab hogayi jis kaaran humein program cancel karna pda to iske famile ne iske through msg bheja
k agar nahi irada to btado bahane kya bnanae hai to maine bola k aap log ghar aa k dekh lo k kya haalat hai mere papa ki to iiske mother bhabhi humare ghar aye papa
ka haal chal pucha or humein invite karke gye k ab aap log bnao prog. Papa thode se theek hue to main papa mummy,sis or bhanje ko le k inke ghar gya jahan ja k mere papa to lete
rahe fir inhone roke ki baat ki to papa ne bola k sunday ka rakh lete hai to us sunday inke kisi relative ka function hone ki vjah se program next week pe postponed hogya
. Saturday ko meri sis Hoshiarpur or Chandigarh se Inke ghar roka k program k liye aagayi to sudden e mere mummy ji ki tabiyat down hogayi to hmne innkhe call ki k mumma ki tabiyat theek nahi
ne jis kaaran roka nahi ho skta abhi to iski family se koi b mere mother ka pta lene nahi aya 1 din main mother ko private clinic mein drip lagwata raha but tabiyat bigadne
k kaaran maine apni mother ko 23 Oct ko CARE AND CURE HOSPITAL mein admit karvaya or inhe call ki k mujhe doubt hai k simran ki kundli match na hoone k kaaran meri family
pe problems aa rahi hai to mujhe kundli milwa k e shadi karni hai to iski sis angel ne b b ola k mujhe b lag rha hai. Main din raat mother k pas rukta the fir yeh mamma ka pta lene ayi
to wahan rukne ki zid karne lagi k mamma rakesh b kaam karke thakk jata hai to raat ko apka dhyan rakhne k liye ruk jati hu mere mummy papa ne mna kiya k tu ja or isnemere papa k samne
bola k mujhe chodh aao maine isey chodhne ghar gya to wahan isne bahana bnaya k rakesh ko b fever hai to main chali jaau raat ruk jaaugi to iski bhabhi ne b kaha k rukna sai nahi hai maine b bola
k apni family ki marzi k khilaaf mat ja to isne apni family ko convenience kar liya ro mere sath hospital chali gayi main raat ko 2 se 2.30 bje tak reports tyar karta rha or raat mamma k pas baith k bitayi
mamma b mujhe kehte rahe k isey kyu laya hai teri rest nahi ho rahi maine bola k koi na main baith k rest karleta hu ap aram se leto.fir mamma ko 29 october ko discharge kiya ]
to maine isey bola k mamma ko discharge mil gya hai to isne mujhe bola k ab kya socha hai maine bola k kundliyan milaye bin kuch nahi karna to mere didi log ne b bola k 2
chance mile hai tu abhi b soch le enquiry krwa le or is tym meri duty b court premises Sewa kendra mein thi to maine iske pic dikha k enquiry Start kardi to shayard iske kisi
known ne is tak baat pahuncha di k koi teri enquiry kar rha hai to isne call ki k shaadi to karni pdegi nahi to tujhe aisa fsaugi or teri family ko k soch b nahi sakta
is se pehle k main koi harkat karu isne mere against jhuthi darkhwast de di taaki main iske khilaaf koi action na le saku Ab b isne dhamki di hai k agar shaadi na ki to parcha
agar wo b nahi hui to Kuch kha k mar jaaugi to tumhari sari family ka naam likh jaaugi jo tum logo ko fansi ho jayegi.Mujeh kanoon ka pta hai but kisi ki jhuthi complaint mujhe bahut harras kar rahi hai
iska sara record maine sath lgaya hai iska kaam e hai ladko ki jhuthi complaints karna .Please is ladki k khilaaf ulta case regd hona chahiye nahi to shayad or kayi sharif bndo ko
marwane k chakkar mein hai.
Arre bhai tu apna case bta rha ha ki ramayaan paath kar rha ha ?? sir me dard ho gya padhte padhte 3 ghante lag gye….kuch na rakhya case cuse karan me , apne type ki koi gaav ki kum padhi likhi lugai se byaah kar ar moj le..
Please help me as my brother’s wife has filed a false dowry case on my family and a rape case on me. It has been more than a year now, she has already taken 5 lacks and now demanding more and saying that i will take case back by affidavid
When you start giving money to take cases back esp non-compoundable ones, that’s a slippery slope and actually against principles of criminal law and justice. If that was so, rich people could commit any crime and pay money to settle it.
I received you blog via whatsapp and boy I was in for a surprise, looks like law has been put to some serious abuse. That’s some serious flaw which can put men under some serious trouble for no good reason, just because a women wants to take revenge or she is mentally ill. Because a lot of men suffer uselessly can a Public Interest Litigation be drafted requesting court to take preventive measures so that men do not have to suffer. Incidences are there on quora where a woman just out of the blue accused a someone and he had to go through hell. Its high time that something should be done to stop it.
Do you carry out any awareness campaigns related to men’s right?
See twitter feed on right sidebar, something is going on almost every week
Great efforts from your side sir, but correct me If I am wrong. Isn’t the burden of proof on the accused to prove that the charges which are levied against him are false?(As you said that the accused shall be treated as innocent until proven guilty, which I think is not a case in such cases). Secondly, isn’t there any concrete provision by law dealing “only” with false cases as accusing somebody falsely is a crime too, that too when the offence is cognizable, non compoundable and non bailable.
I’m not a lawyer, but if you are interested start from this article and read further on your own about presumptions in rape cases:
http://menrightsindia.net/2016/05/presumptions-in-law-in-crimes-against-women-and-matrimonial-law.html
AFAIK, there are no special provisions for false cases of cognizable crimes. General provisions ares here:
http://menrightsindia.net/2016/02/analysis-of-provisions-for-punishing-false-casesallegations-and-false-evidence-in-ipc-and-crpc.html
Further advice in groups only.
I broke up with my girlfriend 3 months back. It was a brutal break up, we never engaged in intercourse but some physical touching (no genitals involved) was there. I have emails and screenshots of whats app chats with her and her sister where i wanted to come back but they denied me. I had promised to marry her. The girl was 31 and I’m 29. Though we haven’t talked for 3 months. In future can she charge me for rape? Also what happened between us, can it be interpreted as rape. Please help, all those false cases, have made me worried.
>>Also what happened between us, can it be interpreted as rape.
Not by what you describe, but If a woman is determined to tell lies then anything is possible in terms of filing of charges. That’s the trend these days – take all BS complaints by women because we don’t want to discourage false case filers else that may discourage true victims to come forward. Don’t bother to analyze, it’s feminist ‘logic’.
The fact they denied and she is above your age are strong points in your favour. Mere whatsapp screenshots may get doubted so keep originals of chat. Take backup which can be restored in phone.
Break all contact from now.. or else don’t come back asking for ‘help’ in future. Many people are using MRAs as some kind of risk insurance in life – take huge risks even when warned, and then run again to MRAs when got into trouble.
I have broken all the contacts now, but do not have original whats app messages rather only screenshots. But I’ve a mail by my ex where she has denied of coming back in original (where she accepts that nothing happened between us which was irreversible). Also can she charge me even after an year(s) and will the police straightaway register FIR without questioning her?.
Police may register FIR if she lies. False cases get registered precisely because such women lie and police takes FIR because taking women’s complaint whether true or false is safe thing to do for police.
Further guidance given in groups only.
Sir it is a humble request to you to please remove this comment, or edit the details like age to say 29 and 31. I would be thankful to you
Sir it a very humble request from my side to remove all the above comments from my side. I have been psychologically depressed from months it is contributing further to my paranoia. I know I’m bothering you a lot, but please consider my situation. I’ve been very restless and sleepless. So please consider my humble request and please remove all my comments. They are bothering me very much. I apologise for bothering you so much.
removed… first people get the help posing as adults, and having gotten that they want to act like baby
Dear Sir,
hi my name is Vijay sonawane working with one ltd company I just join in the month of March 15 2017
one of my college file False FIR Against Me Sec 354a and police arrest me and custody for one day. I am on conditional bail but I am sure I am not done any wrong with my college I never pass any wrong command nor sexual harrestment but she file case with help of her boyfriend I just shout releted work because I am her reporting boss please suggest what I do
>>d I just shout releted work because I am her reporting boss please suggest what I do
You need to bring up these facts at time of her cross-examination, your statement etc. If the boyfriend is a witness then he should get crossed too. There is no magic formula really.
Hey
I was in a relationship from last 3 n half years and now we left each other…we got intimated physically in mean time. She says she won’ let me survive now to take revenge the girl is saying that she will file a false rape case… How will she prove that she was raped?? Somewhere between talks she told Charges would be that I had promised of marriage for sake physical pleasures and left her…. Does that makes a difference if I file a case before she files one???
Please suggest
Thnks
>>Does that makes a difference if I file a case before she files one???
Even if we assume for a moment that the one who files a police case first wins in the end: What case do you plan to file exactly? Best is to collect all past evidences, messages whatever and keep them in a place and take copies too.
Usually these type of girls have a somewhat psycho, destabilization mindset; and it can be there with parental approval and way of upbringing too. They don’t even want a relationship, so the escape route of some men of trying to marry these girls (of course after false rape case filed, not before) and then try to make it work won’t work either.
For more, you can read my comments in this quora question:
https://www.quora.com/Is-it-legal-in-India-particularly-in-Chennai-or-Banglore-for-an-unmarried-student-couple-22-years-old-to-spend-a-night-in-a-decent-hotel/answer/Vivek-Deveshwar?srid=3hDh
Hi,
One of my friend is in a similar trouble. can u suggest some legal remedy? while returning from office, he was driving in traffic for an hour. while taking a short cut through some lane,suddenly 2 girls came infront of him. he honked and abused them in frustration and drove past. One of the girl was a minor and her parents registered a case against my friend accusing him of sections 354 and 509 Of IPC. They have constructed a story which is totally false and malicious. They have accused him of stopping the car and asking sexual favours from the girls. My friend is arrested and the Police are threatening us with all sorts of dire consequences. Please help.
friend, the only legal remedy is to stick to the truth, and since today is the age of false-case-filing-women-empowerment, there is not much option but to go with the police procedures, and if charge sheet is filed, then court trial. Most probably they will try to test your patience at court stage also, but after 2-3 years they will come and become hostile… and case may get closed.
>> They have accused him of stopping the car and asking sexual favours from the girls
In any case, IPC 354 does not apply here, but IPC 509 can… it’s a clear case of police trying to make money by colluding with shameless parents who will not stop at using minor girl as a weapon to get enriched.
Hi Sir,
My case is totally different and i am seeking some suggestion from your side. actually i am in a relationship with a girl since last six year. our parents also know this relation but directly they dint
oppose our relation. in this six year period we have physical relation was also happen may of times.
and i give lots of money from my salary on monthly basis to the girl. and there are a commitment between
us regarding marries. we are suppose to be marry by end of 2015 but now she is refusing and even she is trying to marry with other guy . SO pleases
suggest can i take any legal action against Girl and her family.
Case is not totally different. The difference is you have spent maybe lot more money than men in such relationship do.
>> we are suppose to be marry by end of 2015 b
Any proof of this? Engagement rings? Photos? Ceremony? Emails… otherwise for a man this won’t be enough grounds. For a woman mere allegation should be enough to start IPC 376(rape on promise of marriage) against you, actually it’s not part of IPC 376 but judicially it’s been made so.
You can’t take legal action criminally. Civil case may be possible only to recover money, you can’t force her to marry you; but I doubt you have legal knowledge or lawyers can guide either… plus if you do file civil case they can file criminal case of rape on you… so not advisable unless you have no worry about being labelled a rapist and spending few months on jail before getting bail. Rare cases people may get anticipatory bail but can’t say based on details of your case and anyway it’s a probability not certainty.
Money given by man to woman doesn’t come back ever. So either marry first, or don’t shower money hoping for future marriage. People will only say what a loser, and that’s the label assigned to men whose relationship decisions turn out to be wrong and they crib publicly about it
Dear Sir
If you give me your mail I’d I can send a false rape case of my friends.
Full complaints of Vg , along with 164 of Vg , where written complaint and 164 miss match.
Now her father is wanting money.
I need your help very urgent.
Contact page is already there where you can send email
sir/ madam
my friend was having an affair for not more then 1 and half years every thing was fine both were doing gud they both are having physical relation also but not married.the gal use to come and meet his family members also and use u gift the expensive things to them whereby they dont accepts.but suddendly the things went wrong and they both parted away suddenly she filled a case on him saying he married showing a photo not of marriage but having a sindur and he is seating beside in sando and said he raped her and also filled a case on his family members saying i was the housewife and they use to beat me and forced me to abort a child and aprt from that she asked for 2.5 lacs along with filing a case for domestic violence.the police on the basis of just casual photos have arrested him and says having the arestt warrant for the rest of the family member.he was presented in court on which he hav been taken on remand and the same gal comes to the lockup and abuse him saying dekha kya haal kardia tumhara bohot maza ayega abhi tumhari maa bhen log bhi ayegie but police dont do any thing to them.
please suggest any thing that can be done or what are the basis on which they can be free.
we are proff that he didnt married her and she was not staying with them as a married house wife she dont have any marriage certificate photos nuthing still the police have taken as marriage and rape both
please help out
Probably police is not taking as marriage and rape both, but basically showing it as rape with a fake marriage. DV case can be filed by live-in woman also, so don’t bet on a strict marriage proof being necessary there.
When you get attacked by a psycho woman, very important to stick to your stand in court and everywhere else, and not try any tricks which won’t work anyway.
Sir plz give me your valuable guidance regarding False Rape Case Filed against my Husband. My Husband is 100% Innocent. The details are as follows:-
She was classmate of my husband in school for 2 yrs, before 10 yrs. now before 2 yrs they meet each other in a ceremony. from that day they were in contact. She was calling my husband for many times. she is married. but not living with her husband. she has applied for divorce. but actually she want to marry my husband. so she was forcing him to marry her. my husband has only behaved with her like friend. she has mistaken friendship as a love. they dont have any physical relation. she has asked my husband to marry her. he rejected and said i m already married. i cant. then she has filed Rape FIR . my husband was arrested. was in jail for 23 days. now he is free on bail. but then also she has given wrong complaints to police station like my husband is forcing her to return the case but in actual we had never gone to her house to settle. The time of incident of Rape she has given, at that time my husband was with me at home. the place she given is her home. but till today my husband has never gone to her home. in chargesheet the mobile details given , there is no place given. If they have given the place of call log then it was very easy to prove my husband innocent.as the mobile location will be differ. she has also stated that my husband had made video clip of rape and feared her regarding publishing it. the woman is PSI, so she knows law and rules. so she is taking misbenefit of it. how we shuold fight agaist her. how to prove my husband innocent.. aslo if my husband is proved innocent then can we register a case agher for wrong complaint or wrong FIR. what is the procedure. plz guide me. because of FIR my husband has been suspended from service. we are mentally collapsed. plz guide us.
Sorry to hear but there are many predatory females who will go to any extent to use laws to serve their own interest.
Most of the time police will file chargesheet since they don’t bother about truth etc even if clear evidence is there. In that case your husband will have to go through trial. In that case, case against false complaint possible only after trial is over, and judgment says clearly that it was a false complaint.
I am Piyush kumar prime accused in sec-376/506/My mother & younger brother in sec-354-323-341-506 / all are out on bail/I did spend one n half month in TIHAR /we hav charge sheet/bail order and FIR(medical report and CDR will summit later)/she was my girl friend from prior 2 and half years from now/I said so many times that i can’t marry with you she said no problem later she pressurised for marry/we did each and every thing so many times(phy. relation)she said in 164 statement that (saadi ka jhasa dekar zabarjasti sareerik sambandh banaye..)/she did my bail/she came to met wid me at tihar/she said in front of session judge that.. i went to TIHAR to met Piyush 2-3 times and Piyush is agree to marry with me if he is agree thn i dont have any problem if he comes out.then judge given me bail on her sattement without produced me on court or any vidio conferesing of my statement/Charge will frame on my next date on 4th Nov. /EVIDENCE-I hav her luv letter/gift/ pics of us (together) in Valentine day/SMS/recordings.
I STRONGLY GO FOR QUESHING MY CASE /PLEASE ADVICE ME CAN I GO FOR QUESHING/MY NO.9136557446
I doubt quashing will work here, don’t take it as legal advise though.
Hello sir,
I am a doctor in government sector Delhi.
I am in lot of stress,due to my real sister destructive thinking. She is a lawyer and she has a love marriage but still our family accepted them but now she wants some property from my father and my father has refused to give her property, now she is saying that she will drag us in false allegations that she has been sexually assaulted in childhood.
She came 1 month back in my clinic saying that her client feels she had been sexually mmolested by his brother in childhood, and wants me to counsel her, I counsel her client.then one day she also came and said after that case she had a frequent dreams that she (my sister ) also been molested in childhood. She said whenever she saw tv episodes of crime petrol she felt like something happened to her.she said she was 8 year old and I was 9 then ,something happened and she is very upset and mentallu distressed.I tried to convince her and counsel her that nothing happened and just you are thinking of your client, you are getting more thoughts of your own.
BUT I WAS UNWARE THAT SHE WAS RECORDING the conversations on her mobile and now she is blackmailing me and my father to give property otherwise she will file a case of rape against me.
I am very hurt,I don’t know what to do, to whom I should talk.please suggest me .
It is not clear who exactly is ‘she’ who was counselled.
But whatever the situation, that recording has no value except for scare value and value for cheap lawyers and unscrupulous police, who may want to thrive on scared people.
You can either be scared or hurt, or face it boldly. All that woolly talk of “something happened when I was 8 years old etc” won’t do anything in court, and even police may not take it seriously; but may file some IPC section anyway to get rid of the problem from their hands and hand it off to court.
Last but not the least, be careful about listening to sage advice of lawyers, who may suggest to pay money to settle it. Real rape complaints can never be settled once it reaches police.
As an observation: Delhi gets most number of calls — both marital and false rape — and I see most scared people there too. A lot of delhi people don’t understand or want to understand process of law/justice, and will try useless things like paying money to police to marital cases like 498A/406, trying to work out a deal in false rape cases, etc. You are becoming a part of the extortion racket if you want to indulge in those things; and our doors are closed for such people.
mere bhai par jhootha rape case laga diya haiso absamajh nhi aata hai k kya kiya jaye kyause bail mil sakti h ya sirf ladki k kehne par saza milegi use jabki medical report nill hai…
Hi I need your advice, my father is falsely driven into a rape case and the whole family is in turmoil. The charges are false and we have valid proofs. Please guide me on how to proceed further.Also everyone seems to be demanding money- the police, lawyer and of-course the lady involved. Please help.
Filing rape cases for extortion is new ‘fashion’ these days for many women, so you have no choice but to fight the case.
Paying money will not help, and in fact shows some kind of wrong done on payer’s part.
I am 26 yr old male, I needed guidance regarding my case:
2 yrs before i got engaged in relationship with a girl, but at the beginning of our relationship i made it clear that i can’t get married to her. she was having no problem with that but after few months she stated to put pressure on me for marriage. and started to blackmail me emotionally that she will commit suicide, even few day days after her parents also started to pressurized me for marriage. and after month of that girl and her parents file rape case against me which say on the false promise of marriage. but i never promise her for marriage during our relationship. please help me regarding above matter.
dear abcxyz victim,
If you never promised marriage, then stick with it and in due course of time the false case will result in acquittal. If you are from Delhi, there is 76% chance of acquittal simply based on probabilities. If you see it instead as 24% chance of conviction, then it is a psychological issue about fear etc and can’t be helped so easily via internet/emails etc.
Are you ready to help other false rape victims? If the answer is no, then you can well imagine why others who have never even faced such an issue would feel about your problem.
Read the advice to men post to understand the psychology and mindset of your feminist/matriarchal opponents. They can be defeated, but it requires basic minimum courage, and some patience which seems to be in short supply.
http://menrightsindia.net/2014/10/innocent-until-proven-guilty-is-the-law-use-it.html
Read this to understand about the System:
http://menrightsindia.net/2014/09/advice-to-men-on-498a-maintenance-dv-divorce-child-custody-what-else.html
Bro i am facing same problem. what happened to it eventually? please tell me
Canadian feminists are free to smear a man’s name using false rape accusations or merely accusing him of pedophilia, but when a white female Canadian teacher indulges in sexual activity with minor students, the state protects the female offender!
Female administrators are given the proverbial slap on the wrists for explicit misconduct whether it be inappropriate photos or sexual relations with minor students.
The National Post reports, “Penny Mueller’s problems began in July 2009 when the educational leader of Crestomere School posed for a photo in which she simulated fellatio on the phallic-shaped Washington Monument while in the U.S. capital for a taxpayer-funded conference.
Another teacher from the K-9 facility was reprimanded and fined $500 by the Alberta Teacher’s Association for posting the picture on her Facebook page where it was seen by shocked parents and former students.” (Source National Post)
One point taken is that Penny Mueller was paid to operate her job, but instead used her time to allegedly pose for inappropriate pictures. Imagine if the principal was a male
teacher of longstanding work ethic; the consequences for the male teacher would have been harsher.
The Toronto Sun reports, ” But, in fact, almost no one would defend the sexual abuse of a young girl by a male teacher.
But many people do when the roles are reversed — when the teacher is female and the student male.
The case in question here is that of Tania Pontbriand, who taught gym at a high school near Montreal. She has been convicted of sexual assault.
Judge Valmont Beaulieu wrote, “The accused dominated her victim who had become completely dependent on her, and trusted her blindly, isolating himself from his friends, losing interest for his studies and causing arguments with his mother.”
In other words, the young boy suffered as we might expect a young girl to suffer in the same circumstance. (Source: Toronto Sun)
The Marxist government places feminists on a pedestal and allows perverts like Tania Pontbriand to interfere with her students for sexual exploitation.
CTV News Montreal states that “Judge Valmont Beaulieu rejected the defence’s argument that the young victim was unreliable in his 150-page judgment”. In other words, Tania Pontbriand’s defense lawyers [ probably a representative of the public school board or teachers unions] tried to discredit the male victim, thereby causing the risk of defamation and slander if anyone claimed she had an affair with the student.
Another, Mary Gowans was alleged to have exchanged over 2,000 text messages with her 14 year old male student, but the evidence was rejected in the feminist-friendly Canadian court of law.
Inefficient and incompetent female administrators and senior teachers pose a professional liability to the supposed reputation of Canadian public school boards.
People should wake up that feminism is not about equality at all. They think that an 8-14 year boy should be considered ‘lucky’ on having scored with a female teacher. But when the genders are reversed, it is considered statutory rape of the girl by law in most countries.
Hi,
There is a false rape case and I need to discuss the options. Is it possible to call you? please let me know