Rape In General Terms Means Forced Sexual Intercourse Without The Consent Of The Victim. It Gives Lifetime Trauma To The Victim. It Affects The Life Of The Victim Severely. There Are Laws Punishing The Accused But People Misuse These Laws. The Fake Rape Accusations Affect The Accused Men Severally. It Affects The Men Emotionally, Mentally, And Sometimes Economically. It Even Affects The Men Professionally. Society Emphasizes Women And Sees The Accused Men As Rapists Without Any Proof Of Allegation.
Laws Governing Rape In India
Section 63 Of Bns Defines Rape. It Has Divided The Definition Into Four Parts. It States That When A Man Penetrates His Penis Into The Vagina, Mouth, Urethra, Or Anus Of The Woman No Matter To What Extent, Or He Inserts Any Object Or Any Other Part Of The Body Into Any Of These Above-Mentioned Or Manipulates Any Part Of The Body Of Women To Cause The Penetration, Or Applies His Mouth To The Vagina, Anus, Urethra Of A Woman Is Said To Commit The Offense Of Rape If He Does Any Of The Above Things Under The Below-Given Circumstance:
- If He Does These Things Against Her Will;
- If He Does These Things Without Her Consent;
- He Has Obtained The Consent Of Women By Putting Her Or Any Person In Whom She Is Interested Under The Fear Of Death Or Hurt;
- He Has Obtained Consent Under The False Belief Of The Woman That He Is Her Husband;
- He Obtained The Consent Of A Woman When She Was Under The Influence Of Intoxication;
- She Is Under The Age Of Eighteen Years;
- He Does These Things When She Cannot Communicate Consent.
Section 64 Of Bns Provides The Punishment For The Offense Of Rape. It States That The Person Who Has Committed The Offense Of Rape Will Be Liable To Rigorous Imprisonment For A Term Which Shall Not Be Less Than Ten Years But Which Extends To Life Imprisonment Along With The Fine. This Punishment Increased To Life Imprisonment, Which Means Imprisonment For The Remainder Of That Person’s Natural Life If The Accused Person Was In A Position Of Authority Or In A Fiduciary Relationship. Section 64(2) Provides For Many Circumstances.
Motive For Filing False Allegations Of Rape
- The Most Common Reason For Filing False Cases Of Rape Is The Motive Of Taking Revenge. This Motive Can Be Due To Some Personal Conflicts Or Any Other Issue. Women Know That This Allegation Can Have A Grievous Impact On The Victim Hence They Find It Easy To Raise Such Allegation For Taking Revenge. Even Though The Case If Not Proven, It Will Have An Impact On His Reputation In Society.
- Another Reason Can Be To Seek Attention Or Sympathy. The Motive Can Be To Seek Validation From Others By Portraying Oneself As A Victim. It Can Be Linked To Psychological Issues. Some People Are Sympathy Seekers Which Leads Them To Do Such Things.
- The Constant Greed For Fame Is Another Reason For Filing A False Allegation Of Rape. In An Era Of Social Media, People Are Covering And Sharing Every Second Of Their Lives Ready To Destroy Their Privacy. In Such Situations, The Court Proceedings And Appearances Bring Fame To Their Life. Along With The Fame, It Even Brings The Money To Their Life. There Are Many Cases Where We Have Seen That False Accusations Of Rape Have Been Made To Get Fame And Money.
- Many Studies Have Revealed That False Allegations Of Rape Are Linked To Mental Health Problems. There Are Many Psychological Disorders In Which The Individual Fabricates An Illusion Some Rape Stories.
- Many A Time, A Plea Of Alibi Can Also Be A Motive For A False Rape Allegation. The Accuser Fabricates The Rape Story To Cover Up His Other Action.
- Many Times, The False Allegation Of Rape Is Made To Assert Power Over Another Person. This Behavior Of Exerting Power Can Be Upon Anyone Be It In A Personal Relationship, Workplace Relationship, Etc. The People With The Behavior Of Domination And Control Use This Tactic To Show Their Power And Superiority Over The Other Person.
Case Laws
- In The Case Of Shivashankar @ Shiva Vs State Of Karnataka, 2018, The Court Held That Sexual Intercourse During Eight Years Of A Relationship Where They Lived Together As Husband And Wife Cannot Be Considered Rape. It Can Be Considered As A Breach Of Promise As The Respondent Breaches The Promise Of Marriage To The Complainant But It Cannot Be Considered As Rape.
- In The Case Of State Of Uttar Pradesh V. Nisha, 2024, The Court Held That Manipulation Of Police And The Legal System To Use As A Medium For Achieving One’s Illegal Objective Is Highly Objectionable. Women Do Not Have The Right To Attack The Interests Of Men For Their Unfair Advantage.
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