IMPLICATIONS OF FALSELY ACCUSED


 


WRITTEN BY: PRAGATI TOMAR

4TH YEAR, B.A.LL.B(HONS)

PRESTIGE INSTITUTE OF MANAGEMENT AND RESEARCH, GWALIOR

  

EDITED BY: MUSKAN PRASAD

4TH YEAR, B.A.LL.B(HONS)

AMITY LAW SCHOOL, NOIDA

 


INTRODUCTION

By virtue of “the Criminal Law ( Amendment) Act, 2013. Section 154 of the Code Of Criminal

 procedure, 1973” has been amended, and “sections 114 A of Indian Evidence Act, 1872 and section 166 A of Indian Penal Code, 1860” have been inserted. Newly amended “Section 154 Code of Criminal Procedure, 1973” provides compulsory registration of FIR in case of sexual offences whether it seems false. It means this section made it compulsory for public servants to register the sexual offence. “Section 114 A of Indian Evidence Act, 1872” provides that if the victim of the sexual offence says that there was no consent then the court shall presume that there was no consent whether the mark of struggle on the victim's body or not, or she travelled with the accused from one place to another with her own consent or not. The burden of proof will lie on the accused to prove that there was consent of the victim at the time of sexual intercourse. “Section 116 A of the Indian Penal Code, 1860” provides a punishment of a minimum of 6 months to 2 years to the station house officer in case he does not register FIR in case of sexual offences. It means that the officer is bound to register FIR in case of a sexual offence.

All the above sections of different criminal law is for the benefit of the victims in sexual offence cases but some people misuse it just to harm other reputation and to just take revenge on other person. After the Criminal Amendment Act 2013, there was a sudden increment in the registration of sexual assault cases. These kinds of cases are increasing the workload on the judiciary. After the registration of these cases, many accused are acquittal by the court after trial. After getting acquittal the mental trauma faced by the innocent accused during trial and sexual offences are the cognizable offences in which the innocent accused got arrested. There is no remedy for the innocent accused whose rights had been infringed during the trial.

So to prevent such kind of things we also have a few sections of law like “section 482 of Code Of Criminal Procedure, 1973”, which talks about quashing of FIR. “Section 211 of the Indian Penal Code, 1860”, someone who files false FIR to cause injury is liable for a criminal proceeding. “Section 499 read with section 500 of Indian Penal Code, 1860”, someone files false FIR to defame someone if liable for criminal proceedings.



LAWS IN FAVOUR OF THE VICTIM OF SEXUAL OFFENCE CASES

SECTION 154 OF CRPC

The acronym FIR stands for 'First Information Report.' The first document prepared in criminal proceedings is the FIR. An FIR is a document that documents the victim's side of the tale. The FIR serves as a foundation for police authorities to base and begin their investigations. As a result, it is evident that a FIR is critical in criminal proceedings.

And in case of sexual offences, police is duty bound to file the FIR.

SECTION 114 OF THE INDIAN EVIDENCE ACT

“Section 114 of the Indian Evidence Act of 1872” allows courts to presume the presence of certain facts based on the common course related to natural events, or of human behaviour, and public and private business as in related to the facts of the case at hand.

In case of sexual offences if the woman is saying that the sexual intercourse was done without her consent that court shall presume that the woman’s statements are true.

SECTION 166 A OF THE INDIAN PENAL CODE

The offence of public servants defying the law is dealt with in “Section 166A of the Indian Penal Code” (IPC). It was added to the IPC in 2009 as an addition to address circumstances where public workers break the law while doing their official duties. The section's goal is to hold public workers accountable and ensure they follow the law while carrying out their tasks. It specifically handles circumstances where information regarding certain offences is not recorded as required by law.

As in the case of sexual offences if the police authority doesn’t file the FIR, then legal action will be taken against them by the higher authority.

CASE LAWS:-

                                 

FALSE FIR CASES

In the Matter of SUBHASH KASHINATH MAHAJAN V STATE OF MAHARASTRA AND ORS[1] In this case the Supreme Court observed false cases of data from different years using the data provided by the “National Crime Record Bureau”, 2016 there were a total of 5347 cases registered out of which 912 were false cases. In 2015 there were a total of 15638 cases decided by the court out of which 11024 cases resulted in the acquittal.

In the matter of RAJESH SHARMA AND ORS V STATE OF U.P. AND ORS[2]  By observing the data of the National Crime Bureau 2005 supreme court found out that there were a total of 58,319 cases reported out of which 6, 141 cases were declared as false cases on the account of mistake of law and by the data of 2009 court found out that there were total 89,546 cases reported out of which 8, 325 cases declared false cases “on the account of mistake of fact”.

 
                              

LAWS IN FAVOUR OF FALSELY ACCUSED

SECTION 482 OF CRPC

The section 482 of CRPC, 1973 says “that nothing in the code of criminal procedure shall be deemed to limit or affect the inherent power of high court”

In falsely made cases high court has the power to quash that FIR even if it is made in a sexual offence case. This inherent power of the high court helps it to meet and secure the ends of justice.


SECTION 211 OF THE INDIAN PENAL CODE, 1860

“Section 211 of the IPC, 1860” talks about false charges of offence made with intent to injure someone like any person or institution even if they had full knowledge about the fact that there is no lawful ground or reason for such proceeding.

Punishment under this section “may extend to two years, or with fine, or with both”.But use this section the victim has to be the judgement creditor.

 

SECTION 499 READ WITH SECTION 500 OF THE INDIAN PENAL CODE, 1860

“Section 499 read with section 500 of IPC, 1860” states that if the reputation of an individual is harmed by any means can file a case of defamation.

CASE LAWS:-

In the matter of PAWAR VS. STATE OF MAHARASTRA[3] women lodge an FIR at Panvel police station stating that the accused had committed rape with her on the fake promise of marriage. The applicant first filed the application before the Maharashtra High Court to quash the FIR but it was dismissed. Later he approached the Supreme Court where his application was approved and FIR was quashed on the ground that there was no fake promise of marriage as they were in a long-term of relationship later due to unavoidable conditions he couldn’t marry her.

In the matter of SALMAN Vs. STATE OF U.P.[4] The high court imposed a fine of Rs. ten thousand on the woman who has filed a false FIR of sexual offence against the appellant. The appellant stated that he never had sexual intercourse with the woman.

SOCIAL ASPECTS OF FALSE IMPLICATIONS

In most cases where the case is based on false allegations just to take revenge, or for money, or due to family pressure, or any other reason the innocent accused has to suffer with all aspects of their life whether economic, social, educational or any other.

The major aspect is social, if he is working in the private sector the company will fire him after knowing about the FIR even though the proceeding is not done yet, or if he is a public officer he will get suspended from the authorities or have to face various inquiries by the higher authorities. The society will hold him guilty before the court does.

CONCLUSION

In conclusion, the implications on falsely accused are far-reaching. The false accusation made by someone can destroy the future of the innocent accused fully in all aspects whether it is social, economic, or political. Society just outcasts these people and never accepts them fully and wholeheartedly. So it became crucial for the judicial system to ensure a fair and just system for both sides and protect “the right of the victim as well as of the accused”, also society needs to be more careful about such matters as a person’s and his family’s life depends on it.  

 



[1] AIR 2018 SC 1498

[2] AIR 2017 SC 3869

 

[3] CRIMINAL APPEAL NO. 1165 OF 2019

[4] CRIMINAL MISC. WRIT PETITION NO. 4295 OF 2023

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