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Surendra Parmar   16 February 2021

Can compensation be given to accused via victim in false rape case

Respected Pleader Sir / madam pls solve my query
I hve doubt that in rape case she can claim maintenance from accused is right according to the provision laid down in crpc section
But in rape case suppose the victim have made false allegations and FIR with help of police and in trail the court acquitted the accused in that situation can accused have right to take claim from complainant for harasment , wastage of time and mental agony .. The compensation right are available for Only victim in rape or does accused have right for maintenance if he acquitted by the direction of the court ......if yes then which Stand does he hve by issuing , writ, appeal or in that same court were trail end.... ??? Can accused take compensation from both police and Complainant


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 3 Replies

Kevin Moses Paul   16 February 2021

According to your query, I would like to inform that legal system of India does provide room for compensation for falsely accusing someone innocent for an offence that he or she have not committed.

The chapter 11 of the Indian penal Code (IPC), 1860 consists of Section 209 which significantly deals with - "Dishonestly making false claim in Court".

This section further states that - "Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either descripttion for a term which may extend to two years, and shall also be liable to fine".

The essential ingredients of an offence under Section 209 are:

# The accused made a claim,

# The claim was made in a Court of Justice,

# The claim was false, either wholly or in part,

#That the accused knew that the claim was false and

#The claim was made fraudulently, dishonestly, or with intent to injure or to annoy any person.

A litigant makes a 'claim' before a Court of Justice for the purpose of Section 209 when he seeks certain relief or remedies from the Court and a 'claim' for relief necessarily impasses the ground for obtaining that relief.

The word 'claim' for the purposes of Section 209 of the Penal Code would also include the defence adopted by a defendant in the suit. The reason for criminalising false claims and defences is that the plaintiff as well as the defendant can abuse the process of law by deliberate falsehoods, thereby perverting the course of justice and undermining the authority of the law.

Down below are links for matters in which courts ordered the plaintiffs for compensate the defendants for falsely accusing them of rape and s*xual harassment.

https://timesofindia.indiatimes.com/india/rs-15l-awarded-to-man-falsely-accused-of-rape/articleshow/79332955.cms

https://indiankanoon.org/doc/16571234/

Hope It Helps

Thanks

Regards
Kevin Moses Paul

Surendra Parmar   17 February 2021

Thank you sir

Sankaranarayanan (Advocate)     30 April 2021

Well explanation provided by the learned friend. 


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