Assistance in False Cases of Dowry, Rape and Assault

In India, cases involving false dowry, domestic violence, sexual assault, and other accusations against men have become a growing concern, often resulting in prolonged legal battles, emotional turmoil, and financial strain for all parties involved.

• Reasons and Intentions Behind False Accusations
  • Dowry Harassment and Domestic Violence: Fabricated allegations related to dowry harassment and domestic violence are often a result of failed marriages. However, the actual reasons differ from those quoted in the complaints and the FIRs. These include pre-marital and post-marital affairs, financial conflicts, ego issues, differences of mindsets, orthodox family environment, unadjustable differences of cultures, societies, and many more, but are consistently misrepresented as cruelty or violence.
  • Sexual Assault: False accusations of sexual assault may stem from motives such as personal revenge arising from arguments in a minor accident, workplace disagreements, or issues in school or college, etc, and greed for financial benefits by settling down the ongoing litigation or accusations, and many more. In many instances, women initiate fraudulent sexual assault cases intending to extract money, assets, or other benefits, like getting a promotion at the workplace or extra marks in the examinations, etc, from the targets. This misuse of the law has also been linked to the deterioration of the image, given that these cases often drag on for extended periods, causing emotional and financial strain on the accused, who is then forced to approach the complainant to settle out of court with lucrative offers. 
  • Rape: The false and frivolous allegations of sexual assault and rape are often motivated by greed, revenge, or extortion. In some cases, such as allegations arising from attempts to conceal extramarital affairs, preserving social reputation, or retaliating after a fallout in consensual relationships. Unfortunately, such misuse undermines laws meant to protect genuine victims. 
• Learn More About False Accusations  
  • Reality Check: More than 80 percent of 498A IPC (now sections 85 and 86 of BNS) is found to have resulted in acquittals. Statistics from the National Crime Records Bureau (NCRB) reveal that approximately 74% of cases (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. 
  • Post-Litigation Consequences: Many false cases are resolved through out-of-court settlements, often driven by the motive of extortion. When a man has genuinely assaulted a woman in any manner, 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 escaping the false litigation and the prosecutrix changes her statement in the courtroom for which she is not prosecuted generally. 

How to Defend Against False Accusations? 

• In the Event of Any Such False Litigation as Mentioned Aforesaid
  • Seek Legal Counsel: The first and most critical step when you are falsely accused is to consult a criminal defense lawyer. This legal expert will guide the accused through the legal process and craft an effective defense strategy. They will assess the evidence, gather relevant information, and represent the accused's interests in court.
  • Malicious Prosecution Lawsuit: If you are already trapped in false litigations, Malicious Prosecution Lawsuits are the best remedies that you can avail yourself of to defend against false allegations. These lawsuits can be both civil and criminal in nature. If you have solid evidence of false accusations against you, this can help you in court.  
  • Section 340 CrPC/Section 379 BNSS: If an individual becomes a target of a false accusation, 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 allegation, initiated with false evidence, to file an application under these sections against the complainant responsible for lodging the false complaint.
  • FIR/Complaint: If a false FIR has been lodged against the accused, 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. 
  • Quashing of False FIR: The accused can move to the High Court to quash the false FIR filed against him under section 482 CrPC/528 BNSS. He can approach the High Court with all relevant facts and evidence proving that he has been accused of false allegations. 
  • Avoid Written Communication: Written communication, such as text messages or emails, should be avoided with the accuser. Anything in writing can 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.
• In the Event of False Accusations by the Wife, Additional Measures
  • Counselling and Mediation: In family and marital disputes, the court typically encourages Alternative Dispute Resolution (ADR) as an alternative to sort out the disputes. To facilitate this, cases are often referred to mediation. The husband should seek mediation, as it may help expose the falseness of the allegations in such cases.
  • Application under Section 9, HMA: Though we don't believe in this strategy, most people prefer it for 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 facts of never having subjected her or her family members to dowry-related harassment.
  • Women's Commission: In situations involving the inclusion of mothers and sisters in the case of false dowry and domestic violence allegations, an application can be made to the National Commission for Women to seek protection from the false dowry case.
• In the Event of False Accusations of Sexual Assault or Rape
  • 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.
  • Maintain Distance from the Accuser: 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 that complicate the legal situation. If maintaining distance isn't possible, having a third party present during interactions can act as a witness to the interactions.
  • 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.
  • 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. A robust alibi means having strong, verifiable proof of your whereabouts during the incident. Please note that you should use this defense only if applicable.
  • Demonstrating Consensual Sex: In some cases of false accusations of rape, 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 lawyer with all relevant information that supports this claim.
  • 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 holds a higher position at the workplace, and he 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 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.
  • Mobile Phone Records: Analyzing the phone records, including calls, messages, WhatsApp chats, and social media interactions, of both the woman and the accused can provide valuable insights. Demonstrating that the complainant had a prior relationship with the accused can be a relevant fact.
  • Police Help in Case of Threat: 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.

How Can We Help You?

• Legal Consultation: Once you are booked in any such litigation, 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 yourself with pre-designed strategies before the investigating officer and courtroom.
• Evidence and Defense: Help you gather evidence in your favor, such as documents, chat, call recordings, CCTV footage, GPS data, forensic evidence, witnesses, or any other relevant evidence. Build a strong defense in your case if the matter has been anticipated for trial in court. We have experience in providing expert evidence, including medical and MLC reports, FSL reports, and electronic evidence, which can help you fight strongly.
• Legal Actions and Lawsuits: Specialized in drafting Malicious Prosecution Lawsuits, and petitions under section 340 CrPC/379 BNSS which certainly help you in making a representation of your innocence and revealing the fabrication of falsely filed allegations against you, whether it is litigation of dowry, cruelty, sexual assault, or rape. We can help you to file a counter case against the false allegations slapped against you. 
• Petition for Quashing False FIR: Filing petitions with the High Court to protect you from the arrests or the ongoing investigation or trial, as the case may be.
• Mediation and Conciliation: In family and marital disputes, we have a team of seasoned lawyers who specialize in mediation and strive to resolve situations through mediation and conciliation, thereby avoiding unnecessary litigation. 
• Defamation Case: If a false FIR has been filed, help you to file a defamation case under section 356 of the BNS and/or the provision of CPC for claiming damages against the complainant to seek compensation and penalty for the damages. 

Conclusion

The cases of false allegations are not just increasing; they are tough to deal with, as they need 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. To know more, contact us.