Remedies against a woman lodging false rape/sexual harassment/dowry harassment/dv cases
PVG Satish
(Querist) 28 August 2015
This query is : Resolved
Dear Experts,
Please don't dismiss this question as an "academic" one. The issue of false sexual harassment cases has become a matter of concern for almost all Indian men these days. Further, I am going to use the information that I get here to educate my friends on Facebook. So, kindly spare a few minutes of your valuable time to answer this.
Now, the question:
What legal remedies, both civil and criminal, does a man against whom a false rape/sexual harassment/dowry harassment/domestic violence complaint has been lodged by a woman have before and after getting acquitted by court?
One of the civil remedies I know of is to file a case against the woman for malicious prosecution after getting acquitted. Can't a case of perjury be made against that woman? Please give the other remedies available, if any. Also, please describe the necessary and sufficient ingredients for availing each remedy, procedure to be followed while filing such cases and possible consequences of filing them.
Thank you.
SAINATH DEVALLA
(Expert) 28 August 2015
Malicious prosecution refers to a criminal or civil case that is filed without an adequate basis and for an improper purpose, such as harassing the defendant, ruining another person’s reputation, or to knowingly place blame on someone other than the actual wrongdoer. If a person files such a case and the charges are dismissed, the defendant can sue for malicious prosecution and seek financial damages. The law that allows a malicious prosecution suit is aimed at preventing and addressing abuse of the legal process.
AN EXAMPLE OF MALICIOUS PROSECUTION IN A CRIMINAL CASE
"A" runs for mayor and loses the election. He believes that a local businessman "B" who is active in politics played a large role in sabotaging his campaign. "A" becomes obsessed with the idea that "B" caused him to lose the election. When some questions come up about the "B" mixing business and politics, "A" grabs the opportunity to accuse and charge the man with attempting to bribe public officials. "A"takes the lead role in the case and eventually the man’s lawyers are able to expose the fact that there was no evidence to support the charges and that the case was nothing but a vendetta. The charges are dismissed but only after several months of investigation and numerous hearings before the criminal court judge. "B" pays thousands of rupees to his lawyers and his business loses money.
"B" can file a law suit for malicious prosecution against the prosecutor. He can claim that the "A" abused the legal process. "B" can ask for payment for damages he suffered as a result of the criminal case, such as being held in jail for several days, the cost of defending against the charges, lost business due to missed work, and damage to his reputation in the community.
PROVING A MALICIOUS PROSECUTION CASE:
"B" must prove four elements in order to win his malicious prosecution case:
the original case (involving criminal charges) was resolved in his favour
"A" was actively involved in the original case
"A" did not have the probable cause necessary to file the charges, and
the prosecutor initiated or pursued the original case for improper purposes.
V R SHROFF
(Expert) 28 August 2015
LAWS ARE PROTECTING WOMEN,
HOWEVER, THERE ARE HIGH COURTS JUDGEMENTS PUNISHING WOMEN FOR FILING FALSE FIR/ CR CASES.
WILL TAKE SOME MORE TIME TO ACHIEVE YOUR OBJECTIVES, but it is matter of few more months/ years,
PVG Satish
(Querist) 28 August 2015
Mr. Sainatha Devalla, thank you for your answer. I am already aware of malicious prosecution. I am looking for some other legal tools to fight this menace. Such as Section 182 of IPC (False information, with intent to cause public servant to use his lawful power to the injury of another person), Section 192 (Fabricating false evidence), etc. Thank you.
Mr. V R Shroff,
Sir, I haven't said anything against laws. I am just asking for legal remedies that can be availed by someone falsely accused of harassment. I would be grateful if you can kindly quote the HC cases you were referring to in your answer. Thank you.
Sudhir Kumar, Advocate
(Expert) 29 August 2015
YOU ARE SAYING THAT THE QUERY NOT BE TREATED AS ACADEMIC AND ON THE SAME TIME ANNOUNCING ITS REPLY TO BE USED AS EDUCATIONAL TOOL ON FACEBOOK.
EACH CASE HAS ITS OWN PECULIARITIES AND NO ALLOPATHIC MEDICINE CAN BE PRESCRIBED FOR ALL SIMILAR PROBLEMS.
PVG Satish
(Querist) 29 August 2015
Mr. Sudhir Kumar,
Sir, by 'academic' I mean something which is of no practical relevance, not which doesn't have educational value. Experts here are generally inclined to help people with actual problems than resolve some theoretical doubts. However, false cases by girls/women has become a reality for a large number of men. That's why I made that statement before asking the question.
I do understand that remedies depend a lot on facts and circumstances of the case. However, there are some common remedies (viz. Sec 182, 191, 192) in all such cases given their similar nature.
Still, if you insist, what would be the remedies available to someone in the situation of boy who was beaten up by the so-called "Rohtak sisters" if it is proved that the complaint filed by them was false and with malicious intent? Thank you.
Advocate Ravinder
(Expert) 29 August 2015
Now the laws which are in favour of the women have been diluted drastically. There are few Supreme Court judgements directing the police to book the cases only after going through the real facts. the police should not book FIR mechanically. Inspite of this if the police books cases, the police can also be booked under criminal cases. I do not have the SC judgement readily. You contact me to my email id. I will help you.
dev kapoor
(Expert) 29 August 2015
hello,
No doubt all stringent laws tend to be misused by people of criminal background or criminal tendency for grinding their axe and such practices are prone to malign even innocent.There is reported abuse of sex-laws being abused by scrupulous persons. Prosecutrix makes false statement on oath before a Magistrate (S.164 cr.p.c) and before trial court.In some cases courts acquit accused while 'sifting grain from chaff' i.e. 'truth from falsehood'.But it is not necessary that in all cases prosecutrix or any other witness can be found can be held to have 'made a false statement' on oath.Acquitting accused by giving ' 'benefit of reasonable doubt' and acquitting accused holding that a prosecutrix made a false statement.The accused will hardly succeed in an an action under tort for malicious prosecution whereas in latter case,there are a number of remedies available e.g. concerned Police Station can file a criminal complaint u/s 181 Penal Code.P/S can be made to do so by aggrieved by an application before a JMIC under section 156 or 157 cr.p.c. Otherwise prosecution for offence u/ss.193 or 195 can be initiated by concerned court suo moto or on application moved before it.It is better that trial court makes observation of prosecutrix making a false statement implicating innocent accused in rape case.This is possible against any witness in any kind of case.
In J&K State there is a different provision for recording statements of important witnesses on oath during investigation u/s 164-A Cr.P.C(in addition to S.164)and if such witness makes a false statement in trial court he/she can be punished and sentenced by summary procedure.
Laws are not in favour of male or female but courts or some judges can be female sensitized.However law must take its own court.
Sudhir Kumar, Advocate
(Expert) 30 August 2015
"Still, if you insist, what would be the remedies available to someone in the situation of boy who was beaten up by the so-called "Rohtak sisters" if it is proved that the complaint filed by them was false and with malicious intent? Thank you. "
LET THE BOY MAKE A QUERY WITH FULL FACTS.
