False Rape Accusations: Balancing Criminal Penalties With Constitutional Protections In India

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Pooja Raj, Research Scholar, Department of Law, Gurugram University

ABSTRACT

False rape accusations are a serious concern in India, affecting the lives of the accused, undermining genuine victims, and straining the justice system. While protecting survivors of sexual violence is crucial, wrongful allegations can lead to irreversible damage to innocent individuals, including social stigma, legal harassment, and wrongful imprisonment. This paper examines the legal and ethical challenges of addressing false rape claims while upholding constitutional rights, including the presumption of innocence and protection against malicious prosecution. India’s criminal justice system faces difficulties in distinguishing between false complaints and genuine cases due to procedural delays, biases, and societal pressures. While stringent laws like the BNS and the POCSO Act aim to deter sexual crimes, they also risk misuse. The absence of strong legal consequences for false accusers exacerbates the problem, discouraging accountability. However, imposing harsh penalties could deter real victims from reporting crimes, creating a chilling effect.

This study explores potential reforms to balance justice for the accused with protections for survivors. Possible measures include mandatory preliminary investigations before arrests, safeguards against media trials, and stricter penalties for provably false complaints without discouraging genuine victims. The paper also discusses judicial precedents and international perspectives to propose a fair and rights-based approach. Ultimately, India must strengthen legal safeguards against false accusations while ensuring that legitimate rape cases are handled with sensitivity. A balanced framework can protect constitutional rights, prevent misuse of laws, and maintain public trust in the justice system.

Keywords: False rape accusations, women, men, harassment, safeguards, victims, sexual assault.

FALSE RAPE ACCUSATIONS- BALANCING CRIMINAL PENALTIES WITH CONSTITUTIONAL PROTECTIONS IN IN.

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