Women in our Society have been subjected to various forms of abuse, from domestic abuse to harassment at work place. Among all abuses, sexual abuse against women remains intensely debated. It is not uncommon that men, in order to fulfil their sexual desires, have objectified women, leaving life long mental and psychological scars upon them apart from the physical harm.

With the escalation in crime rate against Women, Legislature have time and again enacted various Laws in response to the need of the society with the ultimate aim of safeguarding and protecting women from all walks of life. However, there has been growing concern over the misuse by women of these Laws in order to settle their personal score with innocent persons.

A recent trend which has been discussed by Courts in plethora of judgments is filing of false rape cases by women against men with whom they have been in consensual relationship. It is observed that most of the false rape cases emerge out of a relationship that does not lead to marriage.

The introduction of Section 69 of Bharatiya Nyaya Sanhita, 2023 has further escalated filing of such false cases. Section 69 of the Bharatiya Nyaya Sanhita which is a newly engraved provision provides for stringent punishment for committing sexual intercourse with a woman by making false promise to marry her. Section 69 of Bharatiya Nyaya Sanhita is reproduced below for reference:

Section 69: Sexual intercourse by employing deceitful means, etc.

Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

Explanation: "deceitful means" shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity."

There is no doubt that rape causes great distress and humiliation to the victim of rape but at the same time false allegation of committing a rape also causes humiliation and damage to the accused. An accused also has rights which are to be protected and the possibility of false implication has to be ruled out. In order to deter such potential complainants in future from filing false rape cases, the Courts shall inflict strict punishment upon the prosecutrix for filing false cases against innocent persons.

The Apex Court in its judgment titled as "Manish Damu Khare v/s The State of Maharashtra & Anr." has discussed the worrying trend of invoking criminal jurisprudence in cases where a consensual relationship is turned sour for any reason.

It is not wrong to state that most of such false rape cases result in compromise between the parties, however no compromise can undo the humiliation suffered by the accused. Rape is not only an offence against the prosecutrix but it affects the society as a whole. Unfortunately, women have made a mockery of the heinous offence by lodging false cases. The rise in false rape cases by women leads to delay in justice to actual victims of sexual abuse.

Although, it is a well settled principle that "Bail Is The Rule And Jail Is The Exception" however, due to the gravity of offence, the accused persons are often denied bail in rape cases. It is true that Law is heavily biased against males in cases of Rape and no protection has been granted to accused persons who have been dragged in false cases with the sole intention to settle personal score by the prosecutrix, however Courts should be vigilant while allowing judicial custody of a person in a rape case which is prima facie false. In cases which are prima facie false, Courts shall refrain from denying bail to the accused person.

Reforms To Stop False Cases:

1. Strict penalties shall be imposed upon women for filing false rape cases which will deter the future complainants from filing false cases.
2. Courts while considering a Bail application in rape cases must meticulously observe whether there arises any prima facie case or not.
3. High Courts if upon consideration feel that no prima facie case is made out, must Quash FIR based on false complaints by invoking their inherent powers.

Conclusion
While dealing with rape cases, the Courts shall strike a balance between protecting a rape victim and preventing the misuse of Law. Courts even in rape cases must adhere to the general principle of "Bail is the Rule and Jail is the Exception". With increase of false rape cases it is also important to protect the rights of the accused.