Have you ever wondered how some laws that were meant to protect can be misused? These heinous crimes hit the climax in the December 16-2012 Nirbhaya case and were followed by legal amendments to protect women from sexual violence in India. Nonetheless, there have been disturbing cases whereby these laws are presumed to be abused to hold Extortion and vindictive endeavors. Let's delve into the implications it carries for society.

The 2012 Nirbhaya case of the barbarous gang rape and murder of a young woman in New Delhi can be referred to as one of the most significant legal cases in the legal history of India. This prompted the head of state to call for legal change and caused the society as a whole, to demand justice for women who suffer from sexual violence.

However, these changes were necessary and broadly welcomed, but they led to a new wave of the alleged misuse of these laws for extorting and personal vendettas. This article seeks to look into the assessment of the nature of such scam cases, their linkage with the law as an insist tool for Extortion, the assessment of the impact of the law and measures for protection or misuse prevention.

Legal Reforms Post-Nirbhaya Case
In the Nirbhaya case, Indian legislation made and implemented some major amendments

Stricter punishments: It is the Criminal Law Amendment Act 2013 or the Anti-rape Act that enhances the punishment for the crime of rape and sexual assault which ranges from life imprisonment to even capital punishment in certain cases.

Introduction of new offenses: Nirbhaya Case to include new offenses like:

• Stalking includes making repeated attempts to get in touch with someone is 3 years.
• Attacks with acid carry a maximum 7-year sentence.
• Voyeurism the maximum punishment is 7 years in prison.
• Drug trafficking has a potential 7-10-year imprisonment.

Amendment to the Juvenile Act 2015: The age at which severe acts such as rape can be tried as adults was reduced from 18 to 16.

Establishment of Fast Track Courts: Special courts were created to accelerate trials involving sexual offenses, ensuring that victims receive justice more quickly.

These policies were crucial in tackling the chronic issue of violence against women, and they were first viewed as a necessary step toward women's safety in society.
The Rise of Fakes Cases as a Tool of Extortion sec 383 & 384 IPC
Extortion is frequently carried out via threats, coercion, or psychological pressure, and it is classified as a serious crime punishable by imprisonment and other penalties under Section 384 of the IPC. If someone threatens to harm another person's reputation or property until a certain demand is met. This demand is usually for money, although it may also be for knowledge or a Favor.

Case Studies:

1. On June 12, 2024, police in Greater Noida arrested six people, including two women, who formed a honeytrap gang that targeted their victims to rob them. Officials reported that the gang used to trap men, and through blackmail, they demanded huge amounts of money, threatening to file cases of rape and extreme sexual assault against the victims.
    
2. On May 20, 2024, India Today reported that Bhavana Sharma from Jaipur filed 12 rape cases in the last 8 years, including false gang rape cases where she inserted a foreign object inside her to create a Nirbhaya-like scenario.
    
3. On October 31, 2023, police in Goa busted a major extortion racket aimed at luring men into filing false rape cases. An accused, identified as a pimp from Gujarat, was apprehended. The criminals focused on poor girls, offering them monetary benefits in return for reporting tainted rape cases. The probe revealed an inter-state operation involving two women from Gujarat who forced their victims to pay under the threat of being charged with rape.
    
4. In a Delhi case from 2023, a 36-year-old woman identified as Madhu was arrested for demanding Rs. twenty lakhs from a man after raping him on the pretext of a mutual consensual affair.
    
5. In the Meerut case of 2023, individuals were wanted for framing innocent people in rape cases to blackmail them for money, including a woman named Sangeeta.

Legal And Social Implications:
For the accused, the innocent individuals who get framed suffer the consequences that include arrest, social detention, loss, and mental and psychological issues.

The Real Victims believe that due to the high rate of fake cases, any sexual violence and domestic abuse claims are viewed with skepticism and this delayed the chances of other genuine cases being accredited. This is misleading and unhelpful to genuine survivors; it may put them off reporting such incidents.

Besides, the abuse of protective laws undermines people's confidence in lawyers and courts as institutions that can provide justice. Thus, when the people receive information that the laws are being employed in the manner of extortions and not protection, the cynicism extends to the reform itself, and the youth in particular, of the legal system.

Police academies and courts could start doubting their credible cases and investigate rape cases more carefully and for longer, thereby denying rightful victims justice. Justice systems were likely to change the rigor for the probable proofs for all the cases where someone made a false accusation making it even difficult for genuine victims to try to prove their cases.

Conclusion And Solutions:
As for combating the use of rape laws to solicit a payoff, several measures should be taken to protect not only the true victims but also people who are falsely accused.

• First and foremost, it is essential to have a strict assessment at the stage of investigation of the incident in question to be able to distinguish between the actual cases of violence, on the one hand, and fabrications, on the other. The police and any other enforcing authority must be competent and well-equipped to handle such incidences, with good investigative techniques and ethics.
   
• Secondly, there should be penalties for charges that are falsely brought to court so that the few people with ill intentions do not misuse them. This could include fines, community service, or imprisonment depending on the level of false accusation of the woman.
   
• Furthermore, the organizations should form specialized judicial structures to address such cases as this will reduce the time that is taken to hear such cases and relieve the pressure on the courts. Further, other campaigns should be made aiming at enlightening the public on the effects of reporting fake cases as well.
   
• Finally, for not only real victims but also those who are unfairly accused, forensic, legal, and social assistance, as well as psychological counseling, must be enhanced for creating social rehabilitation services. Thus, with their help, it is possible to achieve a greater equitable balance of the legal relationships and the rights of all the subjects involved in legal proceedings.

Lastly, though the endeavors to reform the laws based on the Nirbhaya Case have been commendable in terms of women's protection, the instances of the law being abused to enact vengeance and indulging in acts of extortion is a severe blow to the judicial system and society. This paper aims to argue the need to implement strict disciplining while embracing sound approaches in an investigation to filter Heart Shailes' version from fraud.

Measures such as fines or imprisonment for those who provided false allegations, special courts for handling such cases, and awareness programs concerning the issue are instrumental in the protection of those women who are real victims and, at the same time, safeguard the rights of the falsely accused men.

By improving forensic assistance, legal aid, and psychological work, it is possible to create conditions for the correct functioning of justice, so that no one remains without justice. This, I believe, is the multiple strategies needed for the protection of protective laws integrity, and, consequently, the public's trust.

End-Notes:

1. Correspondent, H. (2024, June 12). Noida: Two women among six held for extorting money from men using fake rape case threat. Hindustan Times. https://www.hindustantimes.com/cities/noida-news/noida-two-women-among-six-held-for-extorting-money-from-men-using-fake-rape-case-threat-101718213282998.html
    
2. Online, E. (2023b, October 31). "Fake rape" gang exposed in Goa: Good-looking girls were paid to file false cases for extortion, says Police. The Economic Times. https://economictimes.indiatimes.com/news/india/fake-rape-gang-exposed-in-goa-good-looking-girls-were-paid-to-file-false-cases-for-extortion-say-police/articleshow/104848266.cms?from=mdr
    
3. Haider, T. (2023, February 16). Woman held for extorting money to settle false rape case in Delhi. India Today. https://www.indiatoday.in/cities/delhi/story/delhi-crime-woman-held-money-extortion-false-rape-case-2335373-2023-02-16
    
4. Correspondent, H. (2023b, August 29). 2 women who filed 5 rape cases in Gujarat and Goa arrested for extortion: Police. Hindustan Times. https://www.hindustantimes.com/india-news/women-arrested-in-goa-for-honey-trapping-men-extorting-money-by-threatening-to-file-rape-charges-101693295451926.html

Written By: Beradar Akash, BBA.LLB 8th Semester - Christ Academy Institute of Law
E-mail- [email protected], Ph no: 9347741836