FALSE ACCUSATION UNDER SECTION 375- LIVES RUINED BY FAKE RAPE CASES BY NIRZANA BANIKYA AT LEXCLIQ

INTRODUCTION

There has always been inequality between human beings of different sex. In India, the society has always looked at men as superior to women, thus forming a patriarchal system. Women in Indian have suffered a lot at the hands of the patriarchal society. Therefore, to protect the women from harassment there were certain provisions made that protected them from social evils. One of such provisions is Section 375 of the Indian Penal Code, 1860, which is indeed formed to protect women from sexual harassment and to eradicate the rising graph of rapes in India.

If a woman accuses a man for sexual harassment or rape the burden of proof will lie on the man (accused) to prove that allegations made against him are malicious and that he is innocent and is being falsely accused. This is an exception because in rest of the criminal laws the burden of proof lies on the complainant. The rise of false rape cases was experienced soon after the Criminal Law (Amendment) Act, 2013 widened the scope of Section 375. A mere statement of the ‘victim’ can bring a man behind bars. Many lives are ruined by fake rape charges.

SECTION 375 OF THE INDIAN PENAL CODE, 1860

Section 375 of the Indian Penal Code, 1860 is found to deal with rape. Rape means sexual assault or sexual intercourse without consent and against will. In other words, rape means sexual intercourse with a woman in the absence of consent.

Section 376 of the Indian Penal Code, 1860 is found to deal with Punishment for Rape. Whoever is guilty of committing rape shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life and shall also be liable to fine.

MISUSE OF SECTION 375

With respect to Section 375, it is often said that “A man is guilty until proven innocent and a woman is innocent until proven guilty”. This law was made to empower women and make them feel secure but reportedly there has been a rise in the cases of false accusation under Section 375 or rape. The sword that was given to the women for their protection was now used to slaughter men’s dignity in the society. Causes of false accusation differ, from greed to revenge and what not. We need to remember that sometimes the accused may be the victim!

VICTIM OF FALSE RAPE ACCUSATION

The victim of false rape accusation suffers humiliation and trauma. The man as well as his family suffers various consequences. His future gets shattered and he is tagged ‘Rapist’ for life. The false rape cases is a threat to the menfolk.

CONCLUSION

Section 375 do not provide for any remedy safeguarding the innocent men. It is even not possible to make the provision gender neutral as it will act as an obstacle for the genuine rape cases. Therefore, the legislation and the judiciary need to work together to make a proper balance and serve justice. There is also a need for stringent law and compulsory punishment in case of false rape accusation made to provide justice to the victim.

Authored by- Nirzana Bnaikya, Guwahati, Assam.

 

Leave a Reply

Articles

Zeenity Skin Tag Remover (Updated Reviews) Reviews and Ingredients

The Zeenity Skin Tag Remover is the state of the art serum made ceaselessly with best grade of updates and standard concentrates to beat the making skin issues. You can recuperate the influencing and sparkling skin that you truly care about. It blocks the damages and restores the skin prevailing with generally talking around that truly matters, […]

Read More
Articles

Architect in Carmarthenshire

We are aware that not every potential customer is ecstatic about the possibility of hiring yet another consultant, and we respect their feelings. In the end, the cost of professional assistance is an additional expense, yet people frequently believe that they already know what they want from a project. Nevertheless, when guided by an experienced […]

Read More