Should the legal consequences for false accusations of rape, sexual assault, or dowry harassment be as severe as the punishments for the actual crimes themselves? Would implementing such a policy deter malicious misuse of these laws for personal vendettas?

Community Forums Legal Advice India Should the legal consequences for false accusations of rape, sexual assault, or dowry harassment be as severe as the punishments for the actual crimes themselves? Would implementing such a policy deter malicious misuse of these laws for personal vendettas?

Viewing 7 reply threads
  • Author
    Posts
    • #25921 Reply
      Navyamaster204
      Participant
        N
        Navyamaster204
        PARTICIPANT
        March 28, 2025 at 9:52 am
        Wouldn’t that put an end to the weaponization of these laws?

      • #25928 Reply
        Expertanshu8680
        Participant
          E
          Expertanshu8680
          PARTICIPANT
          March 28, 2025 at 10:01 am
          Women who are actual victims are already afraid to pursue such cases legally. Even when they do, they get pressured by various means to withdraw their cases.

          Having big penalties means it will be a deterrant for them to file a case.
          There should be punishments especially for those cases where its obvious its a fake.

          • #25932 Reply
            Navyamaster204
            Participant
              N
              Navyamaster204
              OP
              March 28, 2025 at 10:03 am
              “Having big penalties means it will be a deterrant for them to file a case.” – That’s a fair viewpoint.

              • #25933 Reply
                Ishitathinker901
                Participant
                  I
                  Ishitathinker901
                  PARTICIPANT
                  March 28, 2025 at 10:15 am
                  No, that is not. That is just a deranged view point. If witness/ accuser/ accused protection is the problem, strengthen it. Not muddle up the river, because the system cannot protect witness/ accuser/ accused.

              • #25931 Reply
                Aasthapanda950
                Participant
                  A
                  Aasthapanda950
                  PARTICIPANT
                  March 28, 2025 at 12:37 pm
                  You’re absolutely right!

                  Read this article, it’s about the “not r@pe” case. Look at the sheer pressure they are facing – financial, societal , legal. They continue to fight, many others stop fighting all together. What happens when the more powerful aggressor decides to accuse them of filing a false case?
                  https://timesofindia.indiatimes.com/india/despite-sc-stay-on-not-rape-order-fear-stalks-up-girls-family/articleshow/119617924.cms

                  Plus, don’t we already have laws in general for false cases? (An actual lawyer can verify, that would be best), because ai chat tells me about ipc 209 and 211 ( don’t know bns).

              • #25927 Reply
                Mightykomal1002
                Participant
                  M
                  Mightykomal1002
                  PARTICIPANT
                  March 28, 2025 at 1:29 pm
                  What if it was a genuine case that was bribed ? Victim will suffer from the crime as well as punishment from court

                  • #25930 Reply
                    Superguy9806
                    Participant
                      S
                      Superguy9806
                      PARTICIPANT
                      March 29, 2025 at 4:37 am
                      Exactly this.

                  • #25926 Reply
                    Luckyravindra637
                    Participant
                      L
                      Luckyravindra637
                      PARTICIPANT
                      March 28, 2025 at 1:32 pm
                      The only best policy would be to stop immediate arrests in “rape on promise of marriage/jobs/promotion” and sexual assault cases which are over a year old from the date of last incident and the victim is major.

                    • #25925 Reply
                      Kanaklion76
                      Participant
                        K
                        Kanaklion76
                        PARTICIPANT
                        March 28, 2025 at 2:00 pm
                        The problem will be demonstrating a case is false or fake. A case might fail to achieve a conviction for any number of reasons, not limited to police and prosecution incompetence. How do we separate those from the ones maliciously made. Empower the police to investigate victims every time a case fails? That’s just rewarding the cops for their own incompetence. Do we just assume every case is false? Its hard enough for people to file cases already. Encouraging the cops to treat a victim as a liar is just giving them more weapons to do nothing.

                        • #25929 Reply
                          Superguy9806
                          Participant
                            S
                            Superguy9806
                            PARTICIPANT
                            March 29, 2025 at 4:36 am
                            Bribes… which are rampant.

                        • #25924 Reply
                          Deepakmaster205
                          Participant
                            D
                            Deepakmaster205
                            PARTICIPANT
                            March 28, 2025 at 6:37 pm
                            This is a tricky issue.
                            On one hand, false accusations can ruin lives, and there should absolutely be consequences for that. But making the punishment as severe as the crime itself could backfire, especially in a society like ours where many victims already hesitate to speak up.

                            India still has a long way to go in terms of development, and many people—especially women—are fighting against societal pressure and stigma to even file genuine cases. If the fear of being labeled a “false accuser” is too strong, real victims might stay silent, which is the last thing we want.

                            Instead of directly comparing with laws from developed countries, we need solutions that fit our society. Maybe stricter checks during investigations and fair penalties for proven false claims would help

                            Also reducing corruption.

                            India’s society is mixed T1 city’s people are different from T2 and T3

                            you can’t put up laws looking at a few cases

                          • #25923 Reply
                            Superguy9806
                            Participant
                              S
                              Superguy9806
                              PARTICIPANT
                              March 29, 2025 at 4:36 am
                              No. They should be up there with fraud. Those crimes are heinous, but there’s no comparison. Besides, how do you prove it is false? Many rape accusations are passed off as false because they don’t have solid proof, but how many people record their sexual encounters to have proof later on? Abuse doesn’t have to leave marks. We dont want to criminalize people making legit accusations because a few are weaponizing it. Put more pressure on your fellow men to not behave like this and the laws wouldn’t be how they are. But if false accusations can be PROVEN, there should absolutely be civil penalties.

                            • #25922 Reply
                              Swiftbro1162
                              Participant
                                S
                                Swiftbro1162
                                PARTICIPANT
                                March 29, 2025 at 7:14 am
                                Your post/comment has been removed because it appears to be a hypothetical scenario or academic question, violating Rule 3. This subreddit is for real legal issues.

                                If you have questions about this removal, please [contact the moderators](https://www.reddit.com/message/compose?to=/r/LegalAdviceIndia).

                            Viewing 7 reply threads
                            Reply To: Should the legal consequences for false accusations of rape, sexual assault, or dowry harassment be as severe as the punishments for the actual crimes themselves? Would implementing such a policy deter malicious misuse of these laws for personal vendettas?
                            Your information: