The Delhi High Court has recently observed that the legal provisions on committing the offense of rape in this country were incorporated to protect women and their rights. But this law has vastly been misused as “a weapon for vengeance” to harass men. To the extent, that a woman engages in consensual sex and then subsequently files a rape case against the very man so as to make him forcefully marry her.
Section 209 of the IPC, 1860 talks of dishonestly or fraudulently with the intention to injure any person, makes a false claim in the court of justice knowing it to be false shall be punished with imprisonment of either a term which may extend to two years or shall also be liable to fine.
Senior advocates have time and again urged courts to take serious action if and when they are of the conclusion that a complaint is malicious and false and has been filed with the intention to implicate an innocent.
In fact, courts can take suo moto action while directing the lodging of an FIR against a woman who has filed a false rape case. This to the extent must also help the victims by compensating them monetarily for the trauma that is incurred as a result of facing such a trial.
Remedies
If you are someone who is facing false allegations of rape, cruelty, etc. then in order to protect yourself and your family, the first step you must take legally is to apply for anticipatory bail.
But first and foremost, it is imperative that you gather all evidence that makes your defense more concrete. You need to have a record of all emails, phone calls, emails, etc. Basics like these help you in obtaining anticipatory bail under section 438, CrPC, 1973 before the Sessions Court or the High Court.
Punishment
Any individual who makes false allegations and lodges fabricated FIRs shall be punished with imprisonment of either a term that may extend to two years or with a fine or both.
On the other hand, if a criminal trial has been instituted on the basis of an offense that is punishable with death, imprisonment for life, or imprisonment for seven years or more then the individual making such false complaints shall be punished with imprisonment of either a term which may extend to seven years and/ or also be liable to fine.
Section 193 of the Indian Evidence Act: Punishments for giving false evidence
Any individual who provides false evidence during any judicial proceeding and fabricates false evidence used in the judicial proceedings shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to a fine, and whoever intentionally fabricates false evidence shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Section 196: Using Evidence Knowing It to Be False
Whoever corruptly uses any evidence as genuine evidence knowing it to be false or fabricated shall be punished in the same manner as the one prescribed for giving or fabricating false evidence.
Section 181, IPC: False Statement given Under Oath to a Public Servant
Shall be imprisoned for a term which may extend to three years and also be liable to a fine.
Section 211, IPC :
One can utilize this section when one is undergoing a trial that has him charged with false allegations with the intention to injure his reputation. Herein, an application under section 340, CrPC can be filed before the court where the trial is going.
Section 250, CrPC :
In a situation where the husband is acquitted of the false charges against him then he may file for compensation before the court while the court may sentence the wrong-doer for simple imprisonment.
Conclusion
It cannot be denied that women have been misusing the very law that is meant for protecting them and thus they have disregarded basic liberties. False allegations such as mentioned above are being used to harass men.
Off late, courts have made sincere attempts by delivering judgments that have repeatedly mentioned the need to amend laws to protect and restore the respect and dignity of men who have been charged with falsely fabricated cases. Punishments for such offenses must be strictly enforced to avoid individuals from framing false cases and taking undue advantage of the legal system.
