The number of bogus rape cases has increased since the 2013 changes to the rape legislation. A survey submitted in 2014 by the Delhi Commission for Women found that 53.2% of the rape complaints registered between April 2013 and July 2014 were false. The National Crime Records Bureau reports that there have been 38,947 registered rape cases in India overall. 10,068 out of the total incidents that were reported were a woman who claimed she was raped after being falsely promised marriage. Frequently, parents who are trying to hide having sex with their unmarried daughter make false rape charges. Along with this, a woman is significantly motivated to submit a fake rape case by heartbreak, rage, or some other ulterior reason.
In fictitious rape cases, the victim can demonstrate the complainant’s free choice each time they engaged in sexual activity. Whatsapp conversations and emails that can demonstrate that they were in a romantic connection can be used to demonstrate the victim’s consent. In the event that a fraudulent FIR has been filed, the victim may petition the High Court for the quashing of the FIR pursuant to section 482 of the Code of Criminal Procedure, 1973 (hereafter, “the Crpc”). A Supreme Court appeal may be sought if the High Court rejects it. Concern is also raised about the delay between the incident’s date and the FIR’s filing date.
The credibility of the complainant is impacted if the wait is longer. A victim may also submit a FIR claiming that a fake rape case has been brought against him, which aids law enforcement in conducting the proper investigation.
Although a false accuser cannot be charged with a specific crime, they can be categorised under a number of different headings. Because of this, the IPC has specified a number of penalties for crimes involving false accusations, including Section 182’s description of providing false information with the intent to persuade a public official to use his official authority to harm another person and Section 195’s description of providing or fabricating false evidence with the intent to obtain a conviction for a crime punishable with imprisonment.