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kartikeya (lawyer/cyber law consultant/cyber crime investigator)     29 May 2009

misuse of section 376 IPC

in the recent days i have come across many cases, where males were made victims of 376 ipc, to an innocent and even in a consent cases or by a woman to teach a lesson to ex-boyfriend or for any other reasons. the provisions of the law are so tough an innocent person can hardly escape, when prosecutrix claims of such offence. is not the indian laws more biased towards female. take cases of adultery the male is guilty, even if the female seduces. The ipc has been framed keeping the all india aspect in mind. it might not fit in all cases and in the modern free world. today the provisions have been made tougher. Should the law be amended to give some protection in case of wrong accusation even if the accused is given benefit of doubt. The stringent law should not be misused by unscrupulous persons. any comment?



Learning

 15 Replies

Swami Sadashiva Brahmendra Sar (Nil)     29 May 2009

you are right . but no law is free from abuses. even teachers are now very cautious while giving their consent to guide girl research scholars.

Pradeep (Advocate)     29 May 2009

Disclaimer: opinions expressed hereunder are not intending to harm the reputation of judiciary. Author hereby acknowledges his due respect to the judiciary and justice delivery system of India.

i think indian court system should show more maturity to differentiate between act of rape and a s*xtual intercourse with consent. unfortunately the concept of consent was taken by the courts in a lose manner, when it shouldn't have been (Mathura's case), but recently it seems thay judiciary has fallen to the public outrage against crime, without being in a position to differentiate between the two. however, i strongly feel that more than a legal issue it's a social issue too, where guys have to think twice before being too intimate towards a girl, if they have no intention of marrying.

B.B.R.Goud. ( Faculty)     02 June 2009

yes. i do agree with the learned friends views.

Rajesh Kumar (Advocate)     08 June 2009

Why do women make false allegation of rape? Let us see a study- it throws some interesting facts- Quote-
The National Organization for Women , radical feminists, and Women’s Studies departments, often deny that women make false accusations about rape by asking the naïve, simplistic, and self-serving question: “Why would a woman lie?”
It turns out that there are plenty of reasons women lie about rape, either deliberately or out of desperation.
A U.S. Air Force study, “The False Rape Allegation in the Military Community (1983) investigated 556 cases of alleged rape, and found a 60% rate of false accusations. As part of the study, women who were found to have made false accusations were asked “WHY?”
Motivations given by the women who acknowledged they had made false accusations:
Reason - Percent
Spite or revenge – 20
To compensate for feelings of guilt or shame - 20
Thought she might be pregnant - 13
To conceal an affair - 12
To test husbands’ love - 9
Mental/emotional disorder - 9
To avoid personal responsibility - 4
Failure to pay, or extortion - 4
Thought she might have caught VD - 3
Other - 6

The study found that most false accusations are “instrumental” – they served a purpose. If the purpose isn’t avoiding guilt, or getting revenge, it might serve a more focused purpose, for example, telling her parents; “I didn’t just go out and get pregnant, I was raped.” Or, telling her husband, “I didn’t have an affair, it wasn’t my fault, I was raped.”
An unrelated Washington Post article, “Unfounded Rape Reports Baffle Investigators” (6/27/1992) also found a wide range of motivations to falsely accuse men of rape. Anger toward boyfriends was common. One woman had her boyfriend spend 13 months in jail before she acknowledged that she had lied. One woman accused her newspaper delivery man of raping her at gunpoint because she needed an excuse to be late to work.
Neither woman was prosecuted or even reprimanded for lying to the police and attempting to have a man frivolously imprisoned. In a recent US case, police say a young woman who admitted to falsifying two rape reports only wanted a day off from work.

Everyday we hear reports of false allegations of rape- however our judicial system doesnt want to take any action against the false accusers. It is not by chance- it is by design. Rape accused are easy source of extortion for everybody in the game of false accusation. Making false allegation in India is a thriving industry.

 

Rajesh Kumar (Advocate)     08 June 2009

Situation in India is not different. Read this article in Times of Indiahttps://timesofindia.indiatimes.com/articleshow/msid-3910217,prtpage-1.cms

NEW DELHI: A little less than 20% of s*xual-assault cases reported in and around Delhi are false, shows a five-year study. In almost every fifth incident, or, in 18.3 % cases to be precise, rape is used as a weapon to malign and attempt revenge, found a group of psychologists who assist Delhi Police in investigating s*xual assault allegations.

The conclusion was drawn from 113 cases in the last five years. Anger towards the accused prompted allegations of rape in 25% of the false charges. An equal number of such cases were filed at the behest of family members. Every fifth false allegation was made by a minor `coached' to cry `rape' as an attempt to settle family scores. About 15% were situations of panic after clear consent, while the remaining 15% defied categorisation.

In September 2007, the Supreme Court had alerted lower courts to attempts at misusing the rape law, noting "the courts should bear in mind that false charges of rape are not uncommon.''

Rajat Mitra of Swanchetan, the NGO that conducted the study, says the false cases can be complicated at times. He talks of a 16-year-old girl from West Delhi's Dabri area who accused her father and another man of rape. The girl claimed insanity post-assault, saying she would see faces of men all around her attacking her. The girl broke down on being asked by counsellors whether the images were in black and white or in colour. She confessed her brother had asked her to accuse their father. With her father in jail, believed the girl, her brother would get the property and she would get to marry the person of her choice. In the end, withdrew the case.

Another case was of a medically proven rape of a 13-year-old in Dwarka. The girl had accused three men but the police found their investigations did not show these men's involvement. After a quiet talking-to by psychologists, the girl finally got the courage to speak the truth. She said the three men who had raped her were family members who had threatened her. To protect them, and out of fear, she had accused three others. In this case, the chargesheet was filed against the real culprits.
 

Incidently, even when such false allegations comes to light, Indian judicial system neither punishes the false accuser nor give any comepensation to the innocent accused. It appears that this is designed to encourage false allegations in Indian judicial system as false allegation is always a starting point to initiate a series of extortion from the innocent accused- beneficial to everybody in the game of false allegation. 

 

Rajesh Kumar (Advocate)     24 July 2009

I was just thinking on a proposal.Why not use a Polygraph Test before registration of FIR in cases of rape?

Altough it can be agrued that why Polygraph test in Rape accusation only, it can be used for all other complainants- and I gree with the argument. However, offence of Rape is different.

Rape is a mental crime. The physical menifestation of rape, that is s*xual intercourse is not a crime. What is the crime is "mental element of consent". If the complainant says, there was no consent, there is an offence. Such absence of consent is difficult to prove sometimes even by the women (remember infamous mathura case)- at the same time such presence of consent is difficult to establish by the accused. The problem is that such presence or absence of consent has to be gathered from circumsatnces through inference procedure- and different people gather different inference from same circumstances. The robs the law of its certainty and objectivity and at the same time make the law prone to misuse for sinister purposes.

So, I think polygraph test must be made mandatory before registration of any FIR for rape.

  

Sagarabhinav (self)     25 April 2010

I totally agree with the view that there has been a total social change with increasing number of women levelling false charges against men for revenge.The law encourages women to file false cases since they have nothing to loose .The word of the so called victim is considered the truth.S*x with consent is extremely common and need not lead to marriage for various reasons but it cannot be called rape .

Similarly every quarrel between a man and woman is registered as molestation,She doesnt have to prove anything and even if an inquiry as per Vishakha judgement acquits the man he is not spared if the girl registers a false FIR.The whole case goes through the long drawn process and the lady looses nothing..My sincere appeal to the Lawyers community to take up these issues with the judiciary and undo this legal wrong.

Sanjay Verma (Law Student )     12 September 2010

Dear Friends,

Can any one tell .. what should one do if he can prove that any such allegation filed is actually false...

can any man file complaint that the filed allegation is false... if yes under which section

 


(Guest)

"Dear Friends,

Can any one tell .. what should one do if he can prove that any such allegation filed is actually false...

can any man file complaint that the filed allegation is false... if yes under which section"

 

Section to hai kanoon me yaar lekin vah haathike dikhanewale daant .Khanewale alag hain.Isliye bach ke rahna.

galsober@yahoo.co.in (def)     12 September 2010

Not only 376, u can see so many other laws which are tilted towards women. Moral & social structure has undergone a sea change in past five decades since these laws were framed.

Could anybody think of news "mother of three elopes with neighbourer", "women poisons whole family & arrested in hotel with boyfriend", "women gets blind mother-in-law arrested in dowery case" at that time.

In todays changed world these biased, outdated laws are serving to break the families only. There should be urgent & strong opposition to such biased laws & agitation should be taken to logical end with possible participation of media also.

Vishwa (translator)     14 September 2010

Thank you, Rajesh for your very interesting posts. Our Indian women are like saints, they can commit no evil, least of all consensual s*x. No wonder they give birth to such illustrious netas and judges !

 

Vishwa


(Guest)

"Our Indian women are like saints, they can commit no evil, least of all consensual s*x. No wonder they give birth to such illustrious netas and judges !"

Is it pampering? Is it modal indian male model?

Sanjay Verma (Law Student )     14 September 2010

The problem is with the application of law and framework of law.

Framework of Law : There are some NGOs which are campaigning for "Equality of Man and Woman " and at the same time asking for reliefs in law and other places , All the laws are framed keeping in mind the overall geography of the country.e.g. consentual s*x is quiet common these days at locations ,

For a few women the definition of consentual is " consentual till the time they feel it is consentual " and the moment she feels things are not in line with their thiking pattern " IT GETS CONVERTED INTO Forceful or With promise to Marriage " , post this female doesnt loose anything and easily get to normal life forgetting it as a nice break up ending in revenge and male keeps on suffering with the ordeals.

I think the judicial system should make the case public with the name of victim and accused only in the case of forceful S*x and that too only when case goes on for a few trials and sufficient grounds are there for beleiving it.

Role of Media is utmost important where they should atleast verify the facts first., there are so many other stories under the sun for them to increase cirualation ... atleast spare those who are yet to be convicted.

 

sfsdfsfsdf (asdasd)     14 September 2010

Dear Friends,

Can any one tell .. what should one do if he can prove that any such allegation filed is actually false...

can any man file complaint that the filed allegation is false... if yes under which section

 


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