The Social And Legal Consequences Of False Domestic Violence Allegations: Understanding The Impact On Genuine Victims And The Justice System
- IJLLR Journal
- 53 minutes ago
- 2 min read
Pooja, School of Law, CT University
Dr. Cheena Abrol, School of Law, CT University
ABSTRACT
The Indian legal system with its domestic violence laws namely Protection of Women from Domestic Violence Act, 2005 and Section 84 of the Bharatiya Nyaya Sanhita 2023 has created a refuge for women suffering from gender-based violence in the form of domestic violence. More importantly, these specific legal measures have not only improved the situation in terms of women's legal protection but has also revealed through judicial experience and empirical data the presence of false or malicious female accusations with their corresponding social and legal consequences that are not intended. This paper aims not only to discuss but to scrutinize the double impact of false domestic violence accusations on the justice delivery system and on real victims of violence. It analyses the existing law including the penal provisions of sections 215, 227, 246, 356 BNS and it evaluates important judicial decisions like Arnesh Kumar v. State of Bihar and Rajesh Sharma v. State of U.P. which show judicial efforts to combine the victim's protection with the due process and the procedural safeguards. The study also sheds light on the different social impacts of false accusations, including stigma, mental suffering, financial loss, and the diminishing of the public's confidence in the Protecting Laws. The authors dissecured delays and suppressing skepticism of genuine complainers as one reason why the situation is like that by engaging in a dialogue with NCRB data, comparing international practices, and looking at developing judicial safeguards. The analysis supports the idea of reforms with calibration that would not just introduce procedural safeguards but also, and to the same extent, provide accountability for false claims and increase institutional support for victims of domestic violence. This paper ultimately promotes a court that is equal to the condition of the law in that it keeps the protective purpose of the laws against domestic violence but also, at the same time, permits the legal principles of fairness, proportionality, and integrity in an Indian justice system.
Keywords: Domestic violence, False allegations, Section 84 BNS, PWDVA 2005, Judicial safeguards
