- This topic has 2 replies, 3 voices, and was last updated 1 year, 3 months ago by
.
-
Posts
-
-
U1. Is this thing only applicable to Kerala Police or Police all over India will now follow this?
2. Now after a case is filed by women, will Police 1st Investigate the evidence or straightaway take the Accused Male into Prison till evidence is Found?>
>A 57-year-old man, Noushad K, was accused of sexual harassment by a former female employee, who alleged that he grabbed her arm with sexual intent. However, Noushad claimed that she falsely implicated him after he fired her for poor performance. He had earlier filed a complaint against her for verbal abuse and threats, supported by an audio recording stored in a pen drive. **The police registered the case against him without investigating his complaint**.
>The Kerala High Court, in its ruling on February 24, granted Noushad anticipatory bail and criticized the police for conducting a one-sided investigation. **The court directed authorities to examine the pen drive and, if the allegations were found to be false, take legal action against the woman**.
>**Key Takeaways from the Judgment**
>**No Blind Presumption of Truth** – The court ruled that women’s allegations, including in sexual assault cases, should not be assumed as “gospel truth.” Investigations must be impartial and consider both sides.
>**Police Must Be Fair** – Officers must ensure they examine all available evidence before filing charges. Failing to do so can destroy an accused person’s reputation.
>**Accountability for False Allegations** – If an accusation is found to be false, complainants should face legal consequences. This aims to deter misuse of laws meant to protect genuine victims.
>**Irreversible Damage** – The court stressed that wrongful accusations can ruin a person’s social standing, career, and dignity—something monetary compensation cannot fix.
>**Legal Precedent** – This ruling reinforces the need for gender-neutral fairness in criminal proceedings, urging law enforcement to prevent wrongful prosecutions.
>**This case highlights judicial recognition of false accusations as a rising issue while ensuring fair investigation for all parties involved.**
Sources:
[**English Matrubhoomi**](https://english.mathrubhumi.com/news/kerala/kerala-high-court-rules-women-criminal-complaints-must-fairly-investigated-without-bias-1.10385299)
-
HAny judgment of the court is made in the context of the facts of that case. In this instance, the man filed a complaint against the woman first and also had an audio recording to support his case. However, the police disregarded both of these factors and registered a FIR against him without ever examining his complaint or the audio recording. This judgment was in a petition for bail, and based on the audio recording, the court granted bail. The complaint and FIR filed by the woman were not quashed in these proceedings and the police still has to do investigation. The same order also explicitly states that nothing mentioned in this order should influence the investigation. The only thing that appears to favor men is that if, after the investigation, it is confirmed that the voice in the audio clip belongs to the girl, then action should be taken against her.
Therefore, there can be consequences when a woman files a false case. However, consider the following: in how many situations would a man file a case first and have an audio recording to prove that it is a false case? This case does not establish any precedent because even without this case, if it could be proven that the allegations were entirely false, then the complaint could have been filed against the woman for filing a false case.
-
-
