Along with the rise in some rape cases, there has been a rise in the number of false rape cases. The government, after seeing the rising number of rape cases and especially the Nirbhaya case, made the amendments to criminal law, but they did not see that there are chances of misuse of such law. Many women misuse such a law by making false allegations of rape.
The woman uses the rape law as a weapon to blackmail the men. The purpose of blackmail can be to extort money or to fulfill any personal gratification. The reason for such blackmail can arise from marriage or a breakup.
What is blackmailing for a false rape cases?
Blackmailing is an act of coercion or threat to reveal any information, be it true or false, about someone to the public. It is done with the intention to grab money or to meet certain demands of the blackmailer. The threat of revelations relates to such information, which, if revealed, would be harmful to the victim. It can cause physical, mental, and emotional damage to the person.
The blackmailing can be of four types:
- It can involve any threat related to emotional, mental, or physical harm.
- The threat can be to reveal any information which lands the person in a false criminal case, like a blackmailing for false rape case;
- It can be done to meet the demands of the offender like personal gains, power, position, money, property, etc.
- The threat can be to reveal any information about an individual that could be confidential.
The offender can blackmail a person for a false rape case as well. It will harm the reputation of the victim. The act of blackmailing can be punished under Section 308 of BNS. It states that if anyone puts any person under fear of injury and dishonestly induces the person so put in fear to deliver any property, money, or anything else of any value, then they will be liable for the offense of extortion. The act of blackmailing a person for a false rape case can also be punished under the same section.
According to the NCRB report, more than 5.29 lakh cases of offenses related to women were investigated in 2021, but 5.8% of cases were false.
Legal Safeguards against the blackmailing for false rape case
- If you are being blackmailed for a false rape case, then you should first file a formal complaint with the police. After this, you should serve the offender with legal notice. If the blackmail has been done on social media, then you should also file a complaint with a cyber cell.
- You should save all the proofs and evidence in your support. If the person is blackmailing you via text or email, you should save it as proof.
- You should consult an experienced advocate. The advocate will guide you throughout the legal procedure. Hiring an advocate will lessen your burden, as there will be someone to guide you and save you from the legal lacunas.
- If the woman has lodged the FIR for a false rape case against you, then you can apply to the High Court under its inherent power to quash the FIR. The High Court has the power to quash the FIR to prevent abuse of the process of court or to secure the ends of justice.
Implications of fake rape cases
- The innocent individual who has been falsely implicated in a fake rape case suffers from arrest and social detention, which in turn causes mental, emotional, economic, and reputational harm to that individual. The innocent individual suffers a lot due to false rape charges.
- When the public learns that the laws are being used for extortion rather than protection, cynicism spreads to the judicial system’s reform, particularly among the youth. The abuse of protection laws erodes people’s trust in lawyers and courts as institutions capable of providing justice. If the innocent suffers this much, then it is obvious that the trust of people in law and judiciary gets affected. It is important for the proper and better functioning of the judiciary and also for the maintenance of the rule of law that people have faith in the judiciary and law. Due to no such strict laws against the fake rape case allegations, this faith is losing day by day.
- The rise of fake rape cases may discourage the actual survivors from reporting similar instances. The real victims think that because of the significant number of fraudulent cases, all sexual violence and domestic abuse claims are examined skeptically, delaying the accreditation of other genuine instances. It is misleading to genuine survivors.
- It is necessary that the rape cases are investigated more carefully and by taking proper time. It should not deny justice to the rightful victim and should not punish someone who is not guilty. The person who is not guilty should not suffer due to such false rape cases.
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