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Writer's picturethelila500
Sep 16, 20223 min read

MEASURES OF DEFENCE AGAINST FALSE SECTION 376 CHARGES

Rape can be understood as an unlawful sexual act, without the consent or will of the victim, it could be through force or threat. The Government of India has tried to make the law as stringent as possible through the amendment of 2013 of the IPC, however, the females in many cases seem to be misusing the law for the purpose of blackmailing the person or his family for various reasons.


Why false cases are being filed accusing someone of rape?

In the case of [Sejal Sharma v State of Haryana (23 Sept 2021)], the accused was threatened with the filing of a false case of rape if an amount of Rs 20 Lacks was not paid by him, allegedly the petitioner had recorded a video of the accused with a girl for blackmailing him. As the case was brought in front of the Court, after necessary investigations, the court observed that the petitioners were running a racket and were thus habitual to threaten and blackmail people by implicating them in a rape case.


Many other similar cases are being observed nowadays. These kinds of cases not only cause a huge amount of money to the victim but also negatively impact his reputation and emotional health. The Court also held that it is becoming a difficult job to differentiate genuine rape cases from false ones.



Punishment- False Rape Allegations-

There are a number of categories under which a false accuser could be charged. The Indian Penal Code has provided a number of remedies to safeguard a person from being victimised due to a false rape case. Following penalties have been provided-

  • Section 182 - providing false information, with an intention to cause a public servant to use his power in causing injury to another person.

  • Section 195 - fabricating false evidence with the intention of having a person being convicted with imprisonment for life

  • Section 196 - providing evidence with the knowledge that the evidence so produced is false.

  • Section 199 - providing a false statement as a declaration

  • Section 211- falsely charged with an offence with an intention to cause injury.

The above mentioned are some of the provisions under which a complaint could be filed in case of a false case being framed against you. For further information, it is advised to seek advice from an experienced Lawyers In Delhi.


How to deal with a false Rape Case?

Although, no proper procedure has been provided in case a false case has been charged against you, it would be helpful if you seek proper legal assistance from an experienced Lawyers In Noida, in case you are being framed in a false rape case. Following are some of the safeguards mentioned-

  • You should file an FIR in case a false complaint has been filed against you, as it helps the police with the investigation.

  • As early as possible, it is necessary to consult a Lawyers In Gurgaon or in your city, in case you are being framed, as it would save you from following any unnecessary step, which may negatively influence your case.

  • You can also file a case for defamation in the court of law, provided you could prove in the court that such allegations were baseless and the person who filed such a case was aware that such false allegations would have a negative impact on his reputation.

Conclusion

Being even accused of a rape charge result in a negative impact on one’s reputation in society, which may or may not be solved in one’s lifetime? Though the law has been made for the protection of females, it is important to understand that the same law could be used for selfish purposes as well.


Hence it is important to take appropriate precautions for the same. Lead India offers you experienced advocates who could offer you timely advice for the same. In case you are in need of legal guidance or assistance, you may contact us.


Call Us: - +91-8800788535

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