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robin (mba)     01 September 2012

Can a man be arrested for a false rape charge?

if any girl falsely gives any rape charge against a man then how to defend that? suppose B is a woman.suppose she tell that A(a man) raped her. But suppose A did not rape her. then how the man(A) will defend himself? is the words of a woman is final? is there any medical test to prove that the man (A) is innocent? how A will defend himself from false allegation?

will the man initially  be arrested for the false charge? if yes then it is not a good procedure atall. because it will harras a man . because precious time of the man will be wasted.

suppose the man doesn't have any relatives. Then who will give the bail for him?

the man's precious time will be wasted. 

please tell what is the rule?



Learning

 6 Replies

Yogesh Anand (Head- Legal AVP)     01 September 2012

Since the charge is cognizable and non-bailable the accused will first be arrested after preliminary investigation by the police, if prima facie found to be substantiated with probable circumstances.  If later on it is proved before the magistrate that the charge was false, the accused can file suit for malicious prosecution and seek compensation apart from pressing the criminal charges of false evidence, harrassment, defamation and misuse of the process of the court.

abhishek (advocate)     01 September 2012

hey robin go for fir quashing and try for anticipatory bail and granting of the same is depend upon the facts of ur case both of these options can be used to avoid ur arrest and u shud go n consult to any gud criminal lawyer

MohammedRaffiq Bijapur (Advocate)     02 September 2012

Hey Robin I presume that u r not suppose to be the victim guy

However the FIR is sufficient to intiate action against the alleged person. Innocency of the said person is a later aspect. After conclusion of trial if he emerges aquitted he can sue against the complainant. No matter he had suffered harasment and mental agony, because the rule of law prevails so. 

Sudhir Kumar, Advocate (Advocate)     02 September 2012

I believe Mr Mohd Rafique has put it more clearly.


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