The Kerala High Court has recently noted that the traditional belief that women in Indian society do not falsely accuse someone of sexual assault may not always hold true. The court pointed out that in recent years, there has been a rise in false rape cases, often used as a means to settle personal disputes or apply pressure to meet unlawful demands.
Justice A Badharudeen stated that in recent years, there has been an increase in instances where women have filed false complaints against men, often as a means to settle personal disputes.
Assumption That Women Won’t File False Sexual Assault Case Incorrect: Kerala High Court
The Kerala High Court recently stated that the assumption that Indian women would not make false sexual assault allegations due to societal stigma is incorrect.
Justice A Badharudeen noted that in recent years, there has been a rise in false complaints by women, often used to settle personal scores with men.
The court emphasised that this assumption should not be applied universally and that each case must be evaluated individually to determine the truth behind the allegations.
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"For years, it has been believed that women in Indian society would not make false allegations of sexual assault or misconduct, fearing harm to their own reputation. However, in recent times, this belief has weakened. A small percentage of cases involve baseless allegations of rape or sexual misconduct, often to exert pressure or force compliance with illegal demands. Therefore, this assumption cannot be followed blindly and requires a case-by-case analysis," the court observed, as per Bar and Bench.
The Kerala High Court made this observation while hearing a petition filed by a man seeking to quash proceedings against him under Section 376 of the Indian Penal Code (IPC), which criminalises rape.
The case stemmed from allegations that a man had raped a woman he was in a relationship with by falsely promising marriage.
However, the Public Prosecutor opposed the plea to quash the case, arguing that the FIR, based on the woman’s statement, suggested that rape had indeed been committed.
The High Court observed that while the alleged incident took place in 2014, the case was registered only in 2019. Additionally, in 2016, the woman had filed a complaint with the police’s Women Cell but did not pursue it further because the petitioner had promised to marry her.This delay and sequence of events led the Court to question the genuineness of the woman’s complaint.
Final Verdict
The Kerala High Court ultimately ruled that the relationship between the petitioner and the complainant was purely consensual.
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"Therefore, the overt acts alleged against the petitioner must be considered consensual and cannot be deemed as consent obtained under a misconception of facts. The delay and inaction on the part of the complainant further reinforces this conclusion," the Court observed, as per Bar and Bench.
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