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JON 1334   24 June 2020

implication in false rape case

in India suppose a man & a woman have consensual s*x,later on a fight breaks out between them due to certain circumstances,can the woman then file a rape case against the man for revenge? if so what can the man do to defend himself? how does he prove in court it was a consensual act and not rape?


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 5 Replies

Yashita Gupta   25 June 2020

Hello, Jon!

There have been cases where women have misused the Rape laws to take revenge or for self interest.

For eg.- a widow nurse fell in love with a doctor and they moved in together and lived in for some years and after some years, the doctor decided to move out of the relationship and married someone else,the courts declared that in this case the woman(nurse) cannot allege the man (doctor) on grounds of Rape.

Alos, the Supreme Court has ruled that a rape accused cannot  be convicted on the basis of sole testimony of the victim unless it is "absolutely trustworthy, unblemished and of sterling quality."

In such a situation where a man who has been falsely accused of a rape charge, unfortunately  has to go through the process of trial or until he is able to provide evidence proving his innocence. 
In one of the cases, a woman had filed a case against a man who was a friend's brother and after having consensual s*x, alleged him of rape and blackmailing, after the Court's findings that the charges were false, the man was acquitted and the court directed the DCP concerned to take action against the woman under Section182 of IPC (False Information, with intent to cause public servant to use his lawful power to the injury of another person)

Thus, India needs stringent measures to curb the number of false rape cases.

I hope this answers your query.

Dr J C Vashista (Advocate)     25 June 2020

Originally posted by : JON 1334
in India suppose a man & a woman have consensual s*x,later on a fight breaks out between them due to certain circumstances,can the woman then file a rape case against the man for revenge? if so what can the man do to defend himself? how does he prove in court it was a consensual act and not rape?

@ Jon 1334,

No one can stop the woman to file a complaint, which is required to be defended by accused seeking professional services of a prudent lawyer..

However, the case is out of rape laws. 

The prosecution has to prove beyond reasonable doubt that it was "not" a consensual act wherein accused shall cross-examine the witnesses.

What is your concern / locus standi to the question ?

Is it a real story or fabricated one?

G.L.N. Prasad (Retired employee.)     25 June 2020

Except for taking the professional guidance and defending, nothing can be done in such cases.  Prevention or avoiding such instances is better.  Even without such affair, those who wish to allege may allege, no one can stop.  One can only defend.

P. Venu (Advocate)     25 June 2020

In a criminal case, the accused need not defend; it is for the prosecution to prove the charges beyond reasonable doubt.

Sudhir Kumar, Advocate (Advocate)     28 June 2020

pleawe give facts of the case and how you are concerned.


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