Assistance in False Cases of Dowry, Rape and Assault
In India, cases involving false dowry, cruelty, and other accusations have become a growing concern, often resulting in protracted legal battles, emotional turmoil, and financial strain for all parties involved.
- The false cases are frequently motivated by greed, revenge, or other ulterior motives, leading to the misuse of dowry legislation and provisions designed to protect women. The consequences of such misuse extend to strained marital and familial relationships.
- The false cases of sexual assault and rapes are tremendously increasing day-by-day and the women centric laws are giving a legally protected weapon to such females who are either inclined to revenge or making money effortlessly, and men are becoming the victims.
- The laws of POCSO (Protection of Children from Sexual Offences) Act has also been misusing and the laws are so strict that it almost assures the punishment in maximum cases.
False Dowry and Cruelty Cases
- The misuse of India's Dowry legislation can be attributed to a variety of factors, including motives like greed, seeking revenge, and levying unsubstantiated accusations.
- In many instances, women or their families initiate fraudulent dowry cases with the intention of extracting money or assets from the groom's family.
- This misuse of the law has also been linked to the deterioration of marital and familial relationships, given that these cases often drag on for extended periods, causing emotional and financial strain on all parties involved.
- There are several instances where the Dowry or Cruelty cases filed turn out to be false.
The Supreme Court in the landmark case of Arnesh Kumar vs State of Bihar observed that “the rate of filing charge sheet for the offense under section 498-A is 93.6% while the conviction rate is only 15% which may likely state that in pending trial maximum cases would end up in acquittal.”
- The Supreme Court of India has adopted a firm stance against the abuse of dowry provisions within the country. On multiple occasions, the Court has observed that the Dowry Prohibition Act of 1961, originally designed to prevent harassment, has ironically become a tool for harassing husbands and their families.
- The Court has highlighted that many complaints filed under Section 498A of the Indian Penal Code have been found to be false and exaggerated, primarily aimed at subjecting the husband and his family to harassment. New Section introduced in BNS in this regard is section 85 and 86.
In this landmark case of Arnesh Kumar vs State of Bihar, SC in order to prevent unnecessary arrests by police officers and unauthorized detentions by magistrates, the Supreme Court of India, as stated in Paragraph 13 of its judgment, has issued the following instructions
- All State Governments are required to instruct their police officers not to automatically arrest an individual when a case under Section 498-A of the Indian Penal Code is registered. Arrest should only be deemed necessary when it falls within the parameters defined by Section 41 of the Code of Criminal Procedure,
- Police officers must be equipped with a checklist that includes specific clauses outlined in Section 41(1)(b)(ii).
- When presenting the accused before the magistrate for further detention, the police officer must provide the checklist, properly filled out, along with reasons and evidence that necessitated the arrest.
- The magistrate, when authorizing further detention, should rely on the report submitted by the police officer. The magistrate may grant authorization only after recording the reasons stated in the police report and being satisfied with them.
- The decision not to arrest an accused should be communicated to the magistrate within two weeks from the date of initiating the case, with a copy provided to the magistrate. This period may be extended by the Superintendent of Police of the district, with reasons recorded in writing.
- Notice of appearance, as outlined in Section 41-A of the Code of Criminal Procedure, should be served on the accused within two weeks from the case's initiation. This timeline may also be extended by the Superintendent of Police, provided that written reasons are recorded.
- Failure to comply with the above-mentioned directives will subject the police officer to potential contempt of court proceedings before the relevant High Court.
- If a Judicial Magistrate authorizes detention without recording reasons, they will be subject to departmental proceedings initiated by the High Court.
How to Deal with False Dowry and Cruelty Cases?
To provide safeguards against unfounded dowry cases, the following are certain measures that can be employed to address such situations:
- Malicious Prosecution Lawsuit: If you are already trapped in false litigations, Malicious Prosecution Lawsuits are of the best remedies which you can avail to defend the false allegations. These lawsuits can be both Civil and Criminal in nature. If you have solid evidences of false accusation against you, this can really help you out in the court.
- Section 340 CrPC/Section 379 BNSS: If an individual becomes a target of a false dowry case, they can seek recourse under Section 340 of the Criminal Procedure Code (CrPC)/Section 379 of the Bhartiya Nagrik Suraksha Sanhita. This provision allows a person facing a baseless dowry case, initiated with false evidence, to file an application under the above mentioned sections against the complainant, whether it be the wife or any other person responsible for lodging the false complaint.
- Application under Section 9 HMA: Though we don't believe in this strategy, most people prefer that in lieu of safeguarding the husband and his family. In the case of a Hindu husband, he can apply under Section 9 of the Hindu Marriage Act, while individuals from other religions can utilize the Restitution of Conjugal Rights provision. This application should affirm the husband's willingness to continue cohabiting with his wife and should include an admission of never having subjected her or her family members to dowry-related harassment.
- FIR/Complaint: If a false FIR has been lodged against the husband, he can approach the Senior Police Officer or Commissioner and submit a written complaint or lodge an FIR detailing all relevant facts of the false case filed against him and his family. In situations involving the inclusion of mothers and sisters in the case, an application can be made to the National Commission for Women to seek protection from the false dowry case.
- Petition for Quashing False FIR: Husband can move to High Court for the quashing of the false FIR filed against him and his family members under section 482 CrPC/528 BNSS. He can approach the High Court with all relevant facts and evidences proving that his wife has filed a false litigation against him and his family. He can be granted relief, if the High Court finds the case in his favour.
- Reconciliation: In family and marital disputes, the court typically encourages reconciliation as an alternative to separation or divorce. To facilitate this, cases are often referred to mediation. It is advisable for the husband to seek mediation, as it may help expose the falseness of the allegations in such cases.
False Rape Cases
- Statistics from the National Crime Records Bureau (NCRB) reveal that approximately 74% of cases involving Section 376 of the Indian Penal Code end in acquittals. In an investigation in 2014, as per a report submitted by the Delhi Commission for women 53% of reported rapes in 2012-13 were found to be false. However, this report considered the cases that were dropped before going to trial as false and failed to differentiate between the cases dropped due to coercion and cases where it was clear that women were lying.
- In many instances, false rape allegations stem from parents attempting to hide the perceived shame of their unmarried daughters engaging in sexual activity. It's important to note that there are several instances where women have falsely accused men of rape driven with the intent of seeking revenge for disagreements arising out of the conflicts in their relationship, or extorting money with the traps, or with certain other reasons.
- Many false rape cases are resolved through out-of-court settlements, often driven by the motive of extortion, which incentivizes framing an innocent man in a false rape accusation. When a man has genuinely sexually assaulted a woman, he should face punishment, and monetary settlements or case withdrawals should not be permitted for such serious offenses, but unfortunately, out of court settlements are done for survivals from the false litigation and the prosecutrix changes her statement in the courtroom for which she is not prosecuted normally.
- The Supreme court has strictly held in this regard that “Judicial process is a solemn proceeding, which cannot be allowed to be converted into an instrument of oppression or harassment.”
- The Supreme Court has dismissed a rape case, emphasizing that the judicial process should not be abused for oppression or harassment. Citing the Bhajanlal case, the court asserted that if a criminal proceeding is evidently malicious and driven by ulterior motives, the high court should use its authority under Section 482 of the CrPC to quash such proceedings. In this particular case, the accused claimed that the complainant, along with her son and husband, had given him bounced cheque leaves as repayment for a borrowed sum. In response, the accused filed a cheque bounce case against them in September 2010. However, the following month, the complainant accused the accused of raping her at her home.
- In another case of Sejal Sharma vs. State of Haryana in 2021, the petitioners issued a threat to falsely accuse the defendant of rape unless he paid them Rs. 20 Lacs. Allegedly, the petitioners had recorded a video of the defendant with a girl and began extorting him through blackmail. The court concluded that the petitioners were operating a scheme and had a history of habitually intimidating and extorting individuals by falsely implicating them in rape cases.
- The Himachal Pradesh High Court in its judgment in a matter dated 01.09.2023 upheld the acquittal of a rape accused as it noted that rape causes great distress and humiliation to the victim of rape but at the same time a false allegation of committing a rape also causes humiliation and damage to the accused.
- There are a number of judicial verdicts which indicates that false accusation of rapes are driven with certain motives and these false litigations are abusing the process of law and ruining the lives of innocent men. Still, the counts are on and people are suffering.
- After the POCSO has been introduced, false litigations of sexual harassment with children has become a deadly weapon of suing someone easily and the laws doesn't even allow an easy bail or acquittal in maximum cases because 'mere the statement of victim is sufficient enough to convict the accused' irrespective of being innocent.
False Cases of Sexual Harassment
- The misuse of sexual harassment laws can be attributed to a variety of factors, including motives like seeking revenge driven out of silly conflicts like, arguments in a minor accident or workplace disagreements or issues in school or college etc., and greed of financial benefits by settling down the litigation and many more.
- In many instances, women initiate fraudulent sexual harassment cases with the intention of extracting money or assets or other benefits like getting promotion at the workplace or getting extra marks in the examinations etc. from the targets.
- This misuse of the law has also been linked to the deterioration of image and extortion, given that these cases often drag on for extended periods, causing emotional and financial strain on the accused and he unwillingly approaches the complainant to settle down out of court with some lucrative offers.
- There are several instances where the cases filed for sexual assault turn out to be false.
How to Defend against False Accusations of Rape or Sexual Harassment
- Seek Legal Counsel: The first and most critical step when falsely accused of rape or sexual harassment is to consult with a criminal defense attorney. This legal expert will be essential in guiding the accused through the legal process and crafting an effective defense strategy. They will assess the evidence, gather relevant information, and represent the accused's interests in court.
- Maintain Distance from the Accuser: It's advised to maintain a significant distance from the accuser to mitigate the risk of further false accusations. Continued contact with the accuser can potentially lead to additional allegations, which can complicate the legal situation. If maintaining distance isn't possible, having a third party present during interactions serves as a protective measure, as it can act as a witness to the interactions.
- Avoid Written Communication: Written communication, such as text messages or emails, should be avoided with the accuser. Anything put in writing can potentially be used as evidence in a court of law. It's advisable to limit all communication to face-to-face or, if necessary, through a legal representative.
- Emotional Composure: Being falsely accused of a serious crime like rape or sexual harassment can be emotionally distressing. However, it's essential for the accused to remain composed and avoid displaying emotional reactions to the accuser. Emotional outbursts or confrontations can harm the accused's credibility and legal standing. Instead, it's better to focus on planning the next steps and working closely with the defense attorney to develop a strong defense strategy.
- Robust Alibi as a Defense: An alibi is evidence that shows the accused was somewhere else at the time the alleged rape or sexual harassment occurred, making it impossible for them to have committed the crime. Having a robust alibi means having strong, verifiable proof of your whereabouts during the incident. This can be crucial in defending against baseless allegations because it demonstrates that you couldn't have been at the location where the alleged incident took place. Please note, use this defense only if applicable.
- Evidence for Alibi: To establish a solid alibi, you might provide various forms of evidence, such as:
- Witnesses: People who can confirm your presence elsewhere.
- CCTV Footage: Surveillance camera recordings that capture you in a different location.
- GPS Data: Records from your phone or vehicle that show your movements.
- Any Other Corroborating Information: Any other evidence that supports your claim of being elsewhere.
- Demonstrating Consensual Sex in Rape Case: In some cases, the accused may admit that sexual intercourse occurred but assert that it was consensual, not forced or non-consensual. To use this as a defense, it's crucial to provide your defense attorney with all relevant information that supports this claim.
- Consent: Demonstrating consent is essential. This can include texts, messages, or any communication that suggests both parties were willing participants.
- Witness Statements: If there were any witnesses to the encounter, their statements can be crucial in establishing that the sexual activity was consensual.
- Physical Evidence: Any physical evidence that supports the consensual nature of the encounter can also be important.
- Character Witnesses: The accused can enlist witnesses who can attest to his innocence. Testimonies that portray the defendant as someone who would not harm women physically or mentally can carry significant weight in court. It's crucial for these witnesses to maintain their stance consistently throughout the trial to avoid damaging the accused's case.
- False Evidence by the Complainant: Cross-examination can be a valuable tool to uncover the truth behind the case. If it emerges during court proceedings or depositions that the complainant has provided false evidence, the accused can consider taking legal action against the woman for defamation and the involved lawyer for perjury.
- Power Imbalance: If the accused holds a position of authority, it may make him susceptible to such accusations. Examining the dynamics of the relationship between the accused and the complainant is essential. For example, if the accused did not promote the complainant, the accusation could be motivated by revenge.
- History of False Accusations: If the complainant has a history of falsely accusing or blackmailing innocent men, this can be demonstrated through peer testimonies, past relationships, and cross-examination, supporting the accused's innocence.
- Juvenile Status: If the accused was a juvenile at the time of the alleged offense, the legal system may treat him more leniently considering his future prospects.
- Extortion: If there is evidence that the complainant is attempting to extort money from the accused, it can be substantiated through social media scrutiny and forensic analysis. Bank account statements can also serve as evidence.
- Mobile Phone Records: Specifically, analyzing the call history of both the woman and the accused can provide valuable insights.
- Previous Relationship: Demonstrating that the complainant had a prior relationship with the accused can be a relevant fact.
- Seek Police Help: If the woman threatens with actions like suicide, rape, or harassment, the accused should promptly seek assistance from the police, providing them with all relevant information.
- Section 528 of BNSS: If the FIR is malicious and falsely implicates the accused, it can be quashed under Section 528 of the BNSS. The woman who lodged the false FIR may be held accountable under malicious prosecution.
- Anticipatory Bail: If there is a potential threat of a false case being filed, the accused can seek anticipatory bail under Section 482 of the BNSS, typically through the High Court or Court of Session.
- Defamation Case: If a frivolous FIR has been filed, a defamation case under Section 356 of the BNS can be pursued against the complainant.
- Criminal Intimidation: If the woman threatens to damage the accused's reputation or engages in unlawful actions, a case of criminal intimidation under Section 351 of BNS can be filed.
Note
- It's important to remember that legal proceedings involving sexual assault allegations can be highly sensitive and emotional. These strategies are not meant to trivialize the serious nature of such allegations but are intended to explain potential legal defense approaches that individuals may consider when facing such accusations. It's always advisable to consult with a qualified attorney to navigate such legal matters, as they can provide appropriate guidance based on the specific circumstances of the case. Additionally, it's crucial to approach this topic with respect and empathy for all parties involved, as sexual assault cases can have a profound impact on everyone concerned.
How Can We Help You?
- Legal Consultation: We have a team of seasoned lawyers who deal with such false and frivolous litigations of dowry, cruelty, sexual assaults and rapes etc. Once you are booked in any such litigation, our legal consultation helps you to deal with the police and complainant with informed rights of accused and not only this but legal consultation helps you to prepare a defense since the beginning of the investigation process which helps you to represent you with pre-designed strategies before the investigating officer and courtroom.
- Evidence and Defense: We can help you to gather evidences in your favour whether it be a document, chat, call recordings, CCTV footage, GPS data, forensic evidence, witnesses or any other relevant evidence. We build a strong defense in your case if the matter has been anticipated for trial in court. We have a team of seasoned lawyers who just not only deals with the defense, they have experience in expert evidences like medical and MLC reports, FSL reports and electronic evidences etc. which can definitely help you to fight strongly.
- Malicious Prosecution Lawsuit: We are specialised in drafting Malicious Prosecution Lawsuits which certainly helps you in making representation of your innocence and revealing the fabrication of falsely filed allegations against you, whether it is a litigation of dowry, cruelty, sexual assault or rape.
- Section 340 CrPC/Section 379 BNSS: It is a provision provided in the law that if any false evidence has been created or framed against you or any false statement has been given before any public servant, an application under this provision can be filed before the competent court and we have expertise in drafting and dealing with such applications.
- FIR/Complaint: If a false FIR has been lodged against you, we can help you to file counter case against the false allegations slapped against you. It needs a careful consideration to prepare such complaints/FIRs which are counter against the false accusations made, and we have a team of seasoned lawyers dealing with such matters.
- Petition for Quashing False FIR: Under section 482 CrPC/528 BNSS, the High Court has inherent power to quash a case based on fraudulent facts or fabricated falsely. We can help you with the filing of such petitions with the High Court to protect you from the arrests or ongoing investigation or trail, as the case may be. Mediation and Conciliation: In family and marital disputes, we have a team of seasoned lawyers who deal with the mediation and try to reconcile the situation in favour with mediation and Consolation to avoid unnecessary litigation.
- Defamation Case: If a false FIR has been filed, we can help you to file a defamation case under Section 356 of the BNS against the complainant to seek compensation and penalty for the damages.
Conclusion
The cases of false allegations are not just increasing day to day, they are tough to deal with as they need a careful consideration since the initiation of the accusations against you. Hence, you need a seasoned lawyer who can understand the matrix of your case and deal accordingly at every stage including the investigation process. You should chose a legal consultation and follow the above mentioned techniques to deal with the situation. To know more, contact us.