India is a democratic country. Therefore, it gives the right to express, speech,
equality, freedom, right against exploitation, cultural and educational right,
constitutional remedies etc. there are law-enforcing agencies to enforce law for
the protection of its citizen and country. However, number of crimes happens
daily in the country and for that, people file complaint.
In ancient time, women were treated as an object for sexual pleaser. they did
not had their basic human rights and there was no such strict law that would
help harassed women. However, when the women were started to raise voices
against the evil of society than the things started to change. They were trying
to improve the condition of women in the country, so they could help themselves.
In 1829, Lord William Bentinck took one of the biggest initiatives when he
passed an order to criminalize the abetment for sati under Regulation XVII.
In country, rape and harassment were increasing day by day and making the lives
of women miserable in the whole country, the section 375 of Indian penal code
was enacted to protect the women. This section is highly in favor of protection
of women and men have the burden of proof. In modern era, people are in favor of
equality of men and women like in equal pay in wages, equal opportunities etc.
so there is no need to accuse a man in false cases but some women are doing so
for their vengeance, humiliation, money etc.
In IPC, rape is defined under section 375. If referred as a man commits rape, if
he penetrated his penis or applies his mouth or any object or the part of body
to any extend into mouth, vagina etc., of a women or a girl make her to do so
without her consent with him or any other person or a group of persons.
Under The Mentioned Circumstance:
- Against her will
- Without her consent
- Take consent by putting her in the fear of death or hurt.
- When the man knows that he is not her husband but she believes that she is lawfully married with him
- Consent by unsound mind or intoxication
- When she is under eighteen years of age
- Unable to communicate consent
Punishment Of Rape
Under Section 376 punishment of rape is given. The people who commits rape are
punished with rigorous imprisonment of the term not less than ten years but can
be extended to life imprisonment and also liable to fine. However, some women
use this as a weapon and use this as they want. They falsely accuse man because
of revenge or to get attention or anger, heartbreak etc.
In the year 2014, it was found that out of 2753 cases only 1287 were true. Even
for the courts, it is difficult to differentiate between genuine and fake cases.
On daily basis, we often heard that the women filed false case for the ransom.
They often make a team to do such act. This type of case affect the victim so
much that they commit suicide, these cases destroyed life of victim. When
someone is accused of rape, the society starts to judge him, everyone starts to
boycott them. Even the society forget that everyone is innocent until proven
guilty and everyone has the chance of fair trial.
So many people make it as a source of income by humiliating men in the society.
There are number of cases were men committed suicide after falsely accused of
rape. However, women lives freely without any punishment after doing such act
and because of that someone killed himself. This the dark side of section 375 of
IPC. They misuse the law for their own gain without thinking about the other or
The real victim of rape who collect courage to just file a case, but some women
misuse it for their own profit.
There is no provision is mentioned for false accusation but some provision that
can be use by person to protect himself or herself.
- Section 182 of IPC says, if a person gives false information to the public servant with intention to cause the injury of another person will be punished with imprisonment or fine or both.
- Section 196 of IPC is about using false evidence, which is known to the person using it will be punished as in section 195.
- Section 211 of IPC is about making false charges with intention to cause injury will be punished with imprisonment of the term 2 years or fine or both.
The false rape cases arises in India day by day and such false case has the
capacity to destroy someone's life. It destroy the belief of society and misuse
the law in various methods. It cann't be denied that some women is misusing the
law for their own benefit. There is need of a law to protect men. Even Delhi
court has said that as everyone is trying to protect the honor of women, it's
the time to make laws to protect and restore the dignity of men.