1

STRINGENT RAPE LAWS VIS A VIS FAKE CASES IN REFERENCE TO

SOCIO LEGAL POSITION OF ACCUSED IN INDIA IN SPECIAL REFERENCE TO
DELHI

Student’s Name
Institution
 2

1. INTRODUCTION
Background of the Study
Gender inequalities are one of the major issues experienced globally that negatively
impacts individuals. However, women are the most affected in society. It is a known fact that
women are the most vulnerable, and thus most of the social changes must prioritize their
wellbeing. The rights have increasingly been recognized in the 21st century, especially in relation
to sexual offenses. Rape is considered one of the worst acts that take away the woman’s dignity.
The crime has a dire mental and physical consequence to the victim. The victims have to live
with the scars of the ordeal for the rest of their lives. The 2012 Delhi gang rape led to the
formulation of stringent laws, The Criminal Law Amendment Act 2013.
Before the enaction Criminal Law Amendment Act of 2013, the Indian rape laws deemed
rape to have occurred if there was sexual intercourse. However, the 2013 amendment widened
the scope to include penetration to any part of the victim’s body using a penis, fingers, or any
object. The aim to cover all scenarios with may lead to penetration of the mouth, vagina, or anus.
Due to the strictness associated with the rape laws, it can have dire ramifications if one is falsely
accused. If a woman falsely accuses a man, it negatively impacts the individual’s life both
socially and economically despite the acquittal.
The number of false rape accusations has significantly increased in recent years. A report
by the Delhi Commission of Women indicated that 53.2% of 2,753 rape cases were false
between April 2013 and July 2014. In contemporary society, a crime against women has
attracted significant interest from stakeholders, including governmental and non-governmental
organizations. However, the enacted laws, particularly in India, are subject to misuse by some
women who wish to settle personal scores. The rising trend might lead to legal terrorism. This
negatively impacts the status of men, leading to profiling and prejudicial behavior towards men.
The purpose of this study, therefore, is to examine the social, legal impact of the stringent
rape laws in India on men who are falsely accused in Delhi.
Statement of the Problem
Recently, the number of reported rape incidents has sharply risen, particularly in Delhi,
India. This coincides with the highly publicized 2012 Delhi gang rape, where the victim was
raped, a twenty-three-year-old college student was ganged raped. Termed as Nirbhaya, the
incident has had major ramifications of rape offenses and punishment in Indian rape cases.
 3

Following the outcry both locally and internationally, the government took initiatives to end the
sexual assaults and violence against women, which lead to the enaction of stricter rape laws
within India. However, the same laws have been a source of misuse by women, with false
accusations rising significantly in India. According to a report, 53.2% of reported cases were
found to be false and unsubstantiated. The Criminal Laws Amendment 2013 has become a
subject to misuse by women who wish to take revenge, intimidate and threaten the male gender
in India. Given the gravity of rape offense, any false accusation is likely to dent the accused
while shuttering the dreams. Despite the seriousness of the issues, the majority of men in India,
specifically, Delhi have found themselves on the wrong end of rape laws. Thus, it is vital to
investigate the impact of stringent sexual offense laws on the social, legal status of the falsely
accused men in Delhi.
The objective of the Study
1. To present a scenario of existing rape crimes against women in India.
2. To study and analyze the legal provisions in favor of men against fake rape cases in
India.
3. To analyze the existing rape crimes laws and protection measures for women and men
in India.
4. To study and analyze the loopholes in the existing rape crimes laws and protection
measures for women in India.
5. To analyze the reasons behind the misuse of rape crimes laws by women.
6. To formulate effective mechanism related to compensation/Damages provision for
malicious prosecution against accused when proved.
Significance of the Study
This study addresses the impact of the rape laws in protecting women against rape crime.
Additionally, it seeks to find the consequences of misusing the laws by women to falsely accuse
honest men. This finding will go along to implement policies that eliminated the possibility of
wrongly convicting innocent men due to false accusations. Also, implementation of regulation
and increased awareness that prevents more harm on men who are falsely accused of acts that
they did not commit. The results from the study can be used to repair the anomalies in the Indian
legal framework and approach to rape incidents as well as improve society.
 4

Status of Women in Different Eras in India

Over, the centuries women’s status has undergone significant changes in India.1 Today,
women’s social, economic, and political lives differ immensely compared to centuries ago.
Females are more educated, richer, and hold more political powers than both in ancient and
medieval periods. Although current implemented laws and ant discriminatory laws have raised
the status of women in trying to address gender equality and equity issues, they are still far from
achieving it in real life.2 With the exception of western countries, other regions, particularly
Asian content, women are still undermined and violated.3
Literature indicates that women in ancient centuries had similar status and rights just to
males.4 5 6 Katyayana and Patanjali wrote that females were learned during the Vedic era.7 They
were also free to select the partners in a system known as Swayamva. Women held a superior
position compared to men during the Vedic era, characterized by respect and reverences.8’9
According to Mishra, women’s status can be categorized into three parts, which include ancient,
medieval, and modern eras.
Ancient Era
In Indian society, the status of women has constantly changed depending on the country’s
leadership and conquerors. This can be attributed to the social-cultural beliefs and norms,
including socio-political conditions, which impact the status of women.10 According to WHO,
gender is a social-cultural construct that is defined based on behavior, actions, and roles that
1
Desai, Neera, and Maithreyi Krishnaraj. "An overview of the status of women in India." Class,
caste, gender (2004): 296-319.
2
Razavi, Shahra. "The 2030 Agenda: challenges of implementation to attain gender equality and
women's rights." Gender & Development 24, no. 1 (2016): 25-41.
3
Jackson, Stevi, Jieyu Liu, and Juhyun Woo, eds. East Asian sexualities: modernity, gender and
new sexual cultures. Zed Books Ltd., 2013.
4
Altekar, Anant Sadashiv. The position of women in Hindu civilization, from prehistoric times to the
present day. Motilal Banarsidass Publ., 1956.
5
Bader, Clarisse. Women in ancient India: moral and literary studies. Routledge, 2013.
6
Salawade, S. N. "Status of women in ancient India: The Vedic period." Indian Streams Research
Journal 2, no. 8 (2012): 1-3.
7
Ramani, Pramila. "Women Empowerment in India from Prehistoric to Present."
8
Jayapalan, N. Indian society and social institutions. Atlantic Publishers & Distri, 2001.
9
Mishra, R. C. "Towards gender equality." Research Journal of Recent Sciences, Authors
press (2006).
 5

particular sex ought to perform. Therefore, the attitudes, values, and beliefs determine the
specific roles of women in society. Historically, women in India dominated the social aspect of
life for a longer time, where they were regarded as the virtual heads of their respective families.11
During the ancient period, men lived a nomadic life and, in most cases, hunted and gathered for
food. In contrast, women were entrusted with the role of nurturing, which included giving birth,
children care, and home management, while men provided for their families.
In Rig Vedic era, women had the autonomy to make decisions regarding their lives.12
Similarly, females had a greater say on issues affecting families in addition to being free in
choosing their husbands. This is evident in recordings of the ancient system of “Swayamvara.”
Women during the ancient period were respected and seen as an essential part of a successful
community. However, women’s importance started fading in the later stages of the Vedic period.
Although some enjoyed the privilege of getting an education, the social status differed greatly
from the period of Rig Vedic. Society slowly started denying women their freedom, including
voicing their opinions on family issues, political, social, and economic opinions. According to
Mahajan, polygamy and child marriage significantly increased during the Vedic period.13
Aitareya Brahmana describes daughters as a source of miseries for their parents.14 Similarly, in
the Smritis era, women were prohibited from studying, uttering Vedic mantras, and performing
Vedic rites like their male counterparts. During this period, the sole role of women was
performing wifely responsibilities.
Buddhist Period
Gautam Buddha (563-483BC) disagreed with Brahmin’s perception about women. He
argued that daughters were as valuable as sons, and none of the genders was better than the
other.15 Thus, during this period, women had an opportunity to lead independent lives and made
10
Al-Azri, Khalid M. Social and gender inequality in Oman: the power of religious and political
tradition. Vol. 26. Routledge, 2013.
11
Bell, Lee Anne. "Theoretical foundations for social justice education." Teaching for diversity and
social justice 2 (2007): 1-14.
12
Tripathy, Prabha Chandra (2000). Crime Against Working Women, (New Delhi: Vikas Publication
13
Mahajan, V.D. (2018). Ancient India (2018)
14
Sharma, Mona. "Parent—Child Relationship in the Major Novels of Kamala
Markandaya." Indian Literature 54, no. 2 (256 (2010): 177-187.
15
Mohapatra, Harapriya. "Status of women in Indian society." Journal of Research in Humanities
and Social science 3, no. 6 (2015): 33-36.
 6

decisions regarding their lives. Marriage ceased to be compulsory, with Buddha providing equal
opportunities to both males and females on religious issues.16 Furthermore, Buddha advocated
for equal rights and strived to improve the culture, education, and spiritual status of females.17 As
a result, the stringent rules and restrictions imposed on females were relaxed. Women were
allowed to get an education and held high-ranking positions in matters related to religion. They
took part in Buddhist monastic-life
Women’s status and responsibility during The Rig Vedic and Later-Vedic
Women enjoyed high status in society during The Rig Vedic. They were allowed to get
an education as well as marry whoever they wanted. There were no Sati systems. However, this
started changing later-Vedic period, with the prevalence of discrimination against women. They
were prohibited from being educated and denied the freedom to express themselves freely.
During the era of Later-Vedic periods, child marriages, widow deaths, purdah, and polygamy
significantly increased.
Medieval era
The Medieval era (500 A. D to 1500 AD) was a difficult period for Indian women.18
During this era, women’s status significantly declined. The medieval era started with the Muslim
invasion, where they introduced their culture and perception of women.19 Muslim men viewed
women as property or objects owned by their husbands, brothers, or fathers and had no right to
make their own decision. Also, Indians wanted to protect their women against Muslims.
Historically, in India, the medieval age is regarded as the “Dark Age” for the female gender
because of multiple alien conquests resulting in the decrease of women’s status.20
There are few famous women associated with this period, including Gulbadan Begum,
Nurjahan, Jahan Ara, Mumtaj Mahal. Particularly, Begum was known for her poetic prowess, as
illustrated Humayun-name using simple Persian.21 Also, there were women noted for heroic
16
Ibid
17
Ibid
18
Singh, Upinder. A history of ancient and early medieval India: from the Stone Age to the 12th
century. Pearson Education India, 2008.
19
Ibid
20
Roy, Babulal. "WOMEN EMPOWERMENT IN ANCIENT INDIA." In Doctoral Colloquium, p. 50.
2018.
21
Fernandes, Svetlana. "Women Empowerment in India: A critical study through select auto-
narratives in English and in translation." PhD diss., Goa University, 2017.
 7

deeds during the Medieval period. For instance, Chandbibi is widely regarded as the savior of
Fort of Ahmadnaga, while Tara Bai is known for resisting the onslaught of Aurangzeb. Rajput
princesses such as Shahjahan, Jahanaara were provided with rare training in administration, art,
archery, poetry, politics, among others.22
The Mughal era had major ramifications on women’s lives, making them inferior to men,
which contributed to male dominance and superiority.23 The arrival of Muslims coincided with a
significant decline in women's status. Some cultural practices such as Sati Pratha, child marriage,
and remarrying of widows were introduced during the era. Additionally, women were prohibited
from studying and were considered physically and mentally inferior to men.24 To preserve the
purity of blood, Indians started marrying their daughters at an early age before reaching puberty.
This is clearly captured in one of the shlokas of Tulsidas, which states that animals, illiterates,
low castes, and women should be subjected to punishment. Girls who had been betrothed were
denied any form of social interactions such as intellectual, physical, and spiritual development.
Generally, women were limited to farming and weaving.25 Lack of education and dowry exposed
them to exploitation. The Muslims further introduced Purdah culture, where women and girls
were expected to hide from male members, which took the form of physical segregation and
female covering their bodies.
The pre-independent era
During this period, male chauvinism was deeply rooted in Hindu society. Society
perceived women as property or objects to be owned by the male gender.26 Women’s rights and
freedom were violated. However, the spread of western culture due to colonization impacted
how people thought and perceived women. This led to the emergence of reformation movements
that focused on abolishing negative cultural beliefs and practices against women. Notably, Raja
Ram Mohan advocated for women's rights was able to stop Sati Pratha practice in 1829.27 The

22
Ibid
23
SHARMA, MS MRIDULA SENGAR. "STATUS OF WOMEN IN INDIA: ANCIENT TO
MODERN."
24
Ibid
25
Ibid
26
Kapur, Radhika. "Status of Women in Pre-Independence India." International Journal of
Advancement in Social Science & Humanities 6 (2018).
27
Singh, Saroj Kumar. Role of women in India. RED'SHINE Publication. Pvt. Ltd, 2017.
 8

abolition of Sati practice and legislation of a law against it positively impacted women’s status.
He later proposed for the stoppage of child marriage while seeking the reintroduction of widow
remarriage. Together with Dwarka Nath, they formed Brahmo Samaj, a movement that focused
on the emancipation of women.
The pre-independent era coincides with the establishment of Christian missionary
educational institutions. Mahatma Phule is credited for the establishment of the first modern
girls’ school in India. Similarly, Peary Sarkar established the first free school for girls in 1847 in
Barasat. Another popular figure that advocated for women's rights is Ishwar Chandra
Vidyasagar. He heavily criticized the ancient Hindu religion claiming that it had gender
discrepancies. Vidyasagar claimed that the lower status of women was a result of politics rather
than the output of spiritual scriptures. Further, he supported widow remarrying, which became
legitimate in 1856. Vidyasagar played a critical role in spreading women's education. However,
rural areas lacked both formal and informal education, which is attributable to the population’s
level of education.

Women’s status during the post-independence era

The status of women in post-independent India has significantly improved.28 Society has
attempted to eliminate cultural and structural exploitation against women. This is through
revolutionary changes that provide equal opportunities to females in various fields. No longer are
women limited to household chores. Instead, they have taken roles in different fields, including
technical ones.29 However, discrimination against women is still prevalent in society, including
deliberately killing female new-borns, gender biasness, women’s wellness, female safety, and
education for women.
The Indian government has strived to raise the status of women since independence
through the enactment of laws, anti-discriminatory policies, and measures that safeguard

28
Kapur, Radhika. "Status of Women in Post-Independence India." Researchgate. Source-
https://www. researchgate. net/publication/330220960_Status_of_Women_in_Post-
Independence_India (2019).
29
Kapur, Radhika. "Status of Women in Post-Independence India." Researchgate. Source-
https://www. researchgate. net/publication/330220960_Status_of_Women_in_Post-
Independence_India (2019).
 9

women’s interests and rights.30 The Indian constitution protects and strives to establish equality
for all genders. The legislators have enacted sufficient laws and policies aimed at increasing
women's participation in social and economic affairs. The intention is to minimize the negative
impact of social-cultural beliefs and attitudes. Also, there has been an increase in awareness for
women's rights and gender parity. Women have taken leading roles both professionally and in
politics, with the rate of illiteracy significantly decreasing among women.
According to the 2011 census, there are fewer females compared to males, which stands
at the ratio of 943: 1, 000.31 The decreasing trend of sex ratio represents worsening conditions for
women in society. This is alarming since studies indicate that women are resistant to diseases
and have higher life expectancy compared to men. However, women have a higher death rate
until 34 years but are more likely to survive past this age. Thus, the ratio for women above 60
years is higher compared to males.32 Based on the 2011 census report. The ratio of females to
males is low, which is misery. This is despite the laws that prohibit sex-selective abortions. The
decrease in the number of women as per the census indicates discrimination towards females.
In India, dowry is still a major issue and a source of discrimination against women. It
remains an essential part of Hindu marriage. Even though dowry in India has been illegal since
1961 (Dowry Prohibition Act), it is one of the most standardized concepts. It is highly practiced
and exposes women to domestic violence, including death. The dowry act states that both the
receiver and giver of the dowry are liable to an imprisonment term not exceeding five years
or/and a fine of Rs 15 lakh or the cost of dowry if it is more. However, this has not hindered the
practice of dowry in India. Instead, there has been a significant risen.
The Status of Criminal Laws prior and after Nirbhya Kand
The Nirbhaya and murder in Munirka, a neighborhood in South Delhi, is one of the
incidents that shook India and the world.33 Jyoti Singh, twenty-three old physiotherapist intern,
was raped by individuals on a private bus. The incident led to nationwide and global outrage.

30
Diwakar, Shailesh Kumar. "State, Society and Dalits’ Rights: Atrocities and Resistance in India."
31
Chandramouli, C., and Registrar General. "Census of india 2011." Provisional Population
Totals. New Delhi: Government of India (2011): 409-413.
32
Ibid
33
Phillips, Mark, Fargol Mostofian, Rajeev Jetly, Nazar Puthukudy, Kim Madden, and Mohit
Bhandari. "Media coverage of violence against women in India: a systematic study of a high-profile rape
case." BMC women's health 15, no. 1 (2015): 1-10.
 10

The public protested against the role of the government and state governments for failing to
protect women. Since the Indian laws prohibit the press from publishing the rape’s victim name,
the 2012 Delhi’s gang rape victim came to be known as Nirbhaya, which translates to “Fearless.”
Her struggles and eventual death inspired resistance against rape globally.
The Indian Laws before Nirbhaya
The Indian response towards sexual crime against females before the Nirbhaya incident
can be described as archaic. For instance, the Indian Penal Code (IPC) of 1860 laws only
considered non-consent penetration of the vagina using a penis.34 Similarly, the Criminal Law
Amendment Act of 1983 included custodial rape, which brought about changes in IPC, the
procedure for conducting crime. The legislators amended section 114a of the Evidence Act (IEA)
such that when the rape victims declared in a court of law that they did not consent to the sexual
Act, the court would presume that, indeed, it was non-consensual.35 However, the laws do not
elaborate regarding penetrating, corroborating, and consent in addition to marital rape.
Therefore, the Indian rape laws had grey areas, which lead to the enaction of new laws.36 Before
the Nirbhaya incident, the law provided for the sentencing of rape offenders to less than seven
years, with an alternative for life imprisonment. The judges could decrease the sentencing to
seven years based on a valid reason.37
The Indian Laws after Nirbhaya
After the Nirbhaya incident, the Indian government formed a commission head by the
Honorable Justice Verma.38 The committee released a statement stating the government had
decided to revise the punishment of sexual offenses crime on women.39 The report recommended

34
The Indian Penal Code (IPC) of 1860
35
Jagadeesh, N. "Legal changes towards justice for sexual assault victims." Gifts to doctors,
scientific information and the credibility gap in the Medical Council of India...................... 68 7, no. 2
(2010).
36
Jha, M. K., B. C. Majumder, T. Bose, D. S. Bhullar, S. S. Oberoi, S. S. Sandhu, and A. Garg.
"Rape law-latest trends: criminal law (amendment) act 2013 and supreme court on right to privacy."
(2013): 45-48.
37
Ibid
38
Ibid
39
Talwar, Rajesh. Courting injustice: The Nirbhaya case and its aftermath. Hay House, Inc, 2013.
 11

laws to address the issue of rape, including sexual assault, human traffic, child molestation,
health examination of the victims, among others.
The new laws under the Criminal Law Amendment Act (CLAA) 2013 were enacted
based on the Verma Committed recommendations.40 The laws aimed at strengthening anti-rape
laws and stricter punishment of sex offenders. The CLAA 2013 introduced the death sentence for
sexual violence, which can be passed under two conditions (i) when the offender(s) leaves the
victim in a vegetative state (ii) when there is a repeat offense.41 The new law further widens the
definition of what entails rape to include the circumstances of the Nirbhaya crime. Under the
Criminal Law Amendment 2013, A male is considered guilty of rape if there is the insertion of
any foreign part into the vagina, urethra, or anus of a woman.42 Also, after Nirbhaya, the law
introduced gang rape as a new offense in addition to the raising of the statutory rape to eighteen
years old for women and children. Similarly, it is no longer a requirement for victims to record a
statement in a police station; Instead, police have to go to the victims’ place. Unlike the old laws,
which provided for less than seven years in some instances based on valid reasons, the new law
escalates the punishment.43
Judges do not have an option of reducing the length of the sentencing in the new rape
laws. Scholars argue that removal of this clause may lead to judges acquitting the offenders if
they do not find substantial evidence that warrants sentencing for more than seven years.44 The
Nirbhaya laws further heightened the penalties for custodial rape, or any rape taking place in
police stations or in prisons – from minimum sentencing of ten years and can be extended to life
imprisonment. Thus, the difference between the new and old rape laws in relation to the
Nirbhaya incident is that in old laws, there was a possibility of reducing the life sentence to few
years, which no longer exists. Instead, there is a higher possibility of getting life imprisonment.
The Indian society had normalized domestic violence, with the penalties for marital rape
was limited to two years prior to the enaction of the CLAA 2013.45 However, this significantly

40
Ibid
41
Ibid
42
Ibid
43
Ibid
44
Ibid, 54
45
Basu, Srimati. The trouble with marriage: Feminists confront law and violence in India. Vol. 1.
University of California Press, 2015.
 12

changed under the new law, which provides for a minimum of seven years for such an offense.
Additionally, the new law introduced other offenses in relation to rape which includes failure to
record a statement against rape, refusal to provide treatment for rape victims, and asking
questions that are deemed insensitive. The law further calls for speedy justice for those who are
offended – the rape case should be decided within a period not exceeding sixty days from the
first day it was filed.
The Act further provides for punishment of enforcers who do not register a First
Information Report (FIR) concerning a rape offense. Furthermore, the law specifies punishment
for forms of crime like stalking, touching, sexually charged comments, scopophilia, trafficking
people, and acid attack. The perpetrators are liable to a prison sentence that is not less than ten
years in addition to a fine used in meeting the medical expenses of the victim. The current law
raised the consent age to 18 years, while the earlier laws stipulated the consent age to be 16.
Bhattacharya argues that increased age of increased consent age is prone to error, particularly for
minors who engage in sexual acts with girls of similar age and other acts that might be
categorized as sexual assaults such as kissing, hugging, or even having consensual sex.46
False Rape Cases in India
After the Nirbhaya incident, the number of rape cases reported to police significantly
rose. However, a study by the women rights group found that 53.2% of the filed rape cases
between 2013-2014 were deemed false. Since then, the challenge of rape cases in India has risen
sharply. The number of reported rape cases has more than doubled in the last decade.
Particularly, 2013 witnessed a 35% increase of reported cases, 2014 had an 11% increase while
2016 also experienced an 11 percent increase.47 In Delhi alone, the number of reported rape
offenses quadrupled between 2003 and 2016.48 Delhi recorded the highest number of reported
rape cases as per the 2003 and 2016 reports.49

46
Bhattacharyya, Rituparna. "Criminal Law (Amendment) Act, 2013: Will it ensure women's safety
in public spaces?." Journal Space and Culture, India 1, no. 1 (2013): 13-26.
47
Crime in India (National Crime Records Bureau (NCRB), (2003-2017), available at
http://ncrb.gov.in/CD-CII2013/home.asp (last visited 2 October 2018).
48
Ibid
49
Hetu, Vibha. "Burgeoning Media’s Reporting of Rape Cases in Delhi: Some Reflections and Its
Impact." Journal of Victimology and Victim Justice 2, no. 1 (2019): 66-89.
 13

Judicial Approach
The credibility of the complainant forms a critical part of patriarchal legal structures
dealing with rape offenses.50 The Patriarchal legal framework helps in regulating female sexual
assaults by enforcing social control, protection, and support from sexual violation. The
credibility of the complainant refers to the narrative attesting to the veracity of the offenses in
relation to rape crime in a manner that is in relation to the views of the judicial systems.51 The
law enforcers and related practitioners are perceived as individuals who are in a position to make
a comment regarding the provided evidence and hence the credibility of the victim of rape. In
general, the relevancy of the provided evidence consists of the complainant’s testimony of the
incident in addition to other factors likely demonstration of sustained physical injuries during the
rape and whether that incident was reported within the given time span and can be proved that it
was non-consensual.52
Literature has attempted to address how the judicial approach determines false
allegations. It is assumed in the Indian Evidence Act that “women of good moral character” will
avoid making false allegations.53 Although females ‘moral’ character and signs of physical
resistance and injury are prioritized in rape trials, the criminal justice systems in India emphasize
that the social consequences of rape for the woman in India were being harsh for her to falsely
accuse anyone of rape offenses. For instance, in 1952, in Rameshwar v. State of Rajasthan, the
court ruled against corroborating the rape victim’s testimony by differentiating rape victims in
India and in western countries.54 The ruling read: “corroboration may be considered essential to
establish a sexual offense in the backdrop of the social ecology of the Western World. It is
wholly unnecessary to import the said concept on a turn-key basis and to transplant it on the
Indian soil regardless of the altogether different atmosphere, attitudes, morals, responses of the
Indian Society and its profile” False accusations have become prevalent in recent years. The
50
Brereton, David. "How different are rape trials? A comparison of the cross-examination of
complainants in rape and assault trials." The British Journal of Criminology 37, no. 2 (1997): 242-261.
51
Barn, Ravinder, and Ved Kumari. "Understanding complainant credibility in rape appeals: A
case study of high court judgments and judges’ perspectives in India." British Journal of Criminology 55,
no. 3 (2015): 435-453.
52
Ibid
53
Ibid
54
Saini, Priyanka, and Kailash Chandra Sharma. "DISCRIMINATION AGAINST WOMEN WITH
SPECIAL REFERENCE TO FEMALE FOETICIDE IN STATE OF RAJASTHAN." (2015).
 14

cases are argued based on the time of reporting, the consenting nature of the Act, age of the
victim, and conflicting points of view in the statement of the victim.55 Surprisingly, the Criminal
Laws of 2013 provide room for uncorroborated evidence of the victim.
False rape cases
Illustration case 1
In Atender Yadav vs. State of Govt of NCT of Delhi on 29 October 2013. The accused was
falsely accused of raping her daughter when she was 11. Yadav was sentenced to life
imprisonment in addition to a fine of RS. 2 000.56 However, the court of appeal found him not
guilty and reversed the earlier judgment. The appellant counsel established that the statements by
the prosecutrix varied from the MLC report. The health officials did not point out whether the
victim’s hymen had been torn. Similarly, based on the MLC report they were no visible injuries
on the victims, which further cemented the innocence of the appellant.57 The court ruled that the
produced evidence by the prosecution and the health practitioner was insufficient.
Illustration case 2
State vs Soubhagya Bajaj, 2017.58 In this case, the accused stated that he was falsely
implication by the prosecutrix. The courts ruled that the prosecutrix records on various stages of
investigations and trials were contradictory. The discrepancies in her states substantiated the
accused arguments.
Illustration case 3
Jagmohan vs. State (Gnct Of Delhi) & Ors. In this case, the accused was falsely
implicated by the victim in order to settle a personal issue. The prosecutrix’s cross-examination
noted that the complainant provided evasive answers while contradicting her earlier statement.
The prosecutrix requested a polygraph test, upon which she refused on medical grounds but
failed to produce a medical support document.
55
Wheatcroft, Jacqueline M., and Sandra Walklate. "Thinking differently about ‘False Allegations’
in cases of rape: The search for truth." International Journal of Criminology and Sociology 3 (2014): 239-
248.
56
Dutta, A., and R. C. Arora. "Analysis and Investigation of Clues in Cases of Doubtful/Motivated
Allegations/Implication of Rape." The Indian Police Journal: 107.
57
Atender Yadav vs State Govt Of Nct Of Delhi. 2013, CRL.A. 1340/2010 Yadav vs State. THE
HIGH COURT OF DELHI AT NEW DELHI.

58
c No: 385/17 State vs . Soubhagya Bajaj
 15

Position of the Accused

Rape offense leaves a permanent mark on the victim, both physical and mental scars that
might haunt persons for the rest of their lives. The social stigma associated with rape negatively
impacts the victim. The Indian society attaches too much importance on woman’s chastity and
honor, and thus rape incident has a negative consequence on the victim.59 To stop the heinous
acts, the Indian government and legislators have enacted laws that seek to protect women.
Notably, the 2013 criminal law act 2013 following the Nirbhaya rape incident.
The new stringent and rigid rape laws indicate the exceptional inclusive approach and
government effort in providing justice in rape cases and eradication of the behavior. Nonetheless,
it raises the question of the magnitude of the heavy punishment on the accused in light of false
accusations. When a man is falsely accused of a rape case, it adversely impacts one’s life. The
statement of the accuser is likely to carry more weight compared to that of the accused. In recent
years, there has been a sharp increase in registering false rape cases, which indicates the misuse
of the rape laws passed by the parliament. The ramifications of false accusation trend stereotype
the Indian male population. The facts that approximately 53.2% of the reported cases are false to
indicate that the males are likely to be victims of the misuse of the law. Thus, men have a higher
probability of being accused of rape.
In recent years, courts have found it difficult to distinguish between genuine and fake
rape cases in Delhi.60 This coincided with the arrest of the woman who extorted men by
threatening them to pay or accuse them of rape. Judge Virender Bhat, while acquitting an
implicated man on charges of rape, stated that the rate at which women were misusing rape laws
to settle personal scores was alarming.
Consequences of false accusation
The victims accused falsely of rape are never forgotten. A false accusation damages the
life of the accused in fake rape cases even after approval of innocence and might end up
shattering their dreams. Their families are isolated by the community in addition to being
ridiculed.61 It is difficult to deal with false rape claims, which have detrimental to one’s life even
after being acquitted by the court.
59
Verma, Jagdish Sharan, Leila Seth, Gopal Subramanian, and Justice JS Verma Committee.
"Report of the committee on amendments to criminal law." (2013).
60
Venema, Rachel M. "Police officer schema of sexual assault reports: Real rape, ambiguous
cases, and false reports." Journal of interpersonal violence 31, no. 5 (2016): 872-899.
 16

Role of Media
The media has had a role in the rise of rape accusations. Both print and visual began
highlighting rape cases, particularly after the criminal law amendment 2013. The new stringent
laws widened the scope such that a statement from the presumed victim may land anyone on the
wrong side of the law with possible harsh penalties and sentencing. The current rape laws have
created an atmosphere such that a mere statement from a woman that she has undergone rape is
likely to be taken so seriously compared to the pre-Nirbhaya incident. A woman’s word has now
come to be taken as a gospel truth leading to the immediate arrest of the accused and charge-
sheeted. This is one of the contributing factors to the rising filing of false rape incidents, where
the accused has to undergo acquittance after a protracted trial.62 The increased rape statistics have
led to Delhi being termed as the “rape capital.”
Interestingly, nobody cares about the number of convictions the accused has had in life.
Some of the accused do not even have criminal records; instead, their careers and social life are
negatively affected after being accused.63 The media reports in relation to rape cases in India are
not impartial. Although the media popularizes rape cases and incidences, they turn a blind eye to
acquittals.64 When a falsely accused victim is acquitted, it is rarely noticed, and the chances are
that one will continue to be labeled a rapist by society. Thus, the media has a role to play in
clearing the name of the accused. Just the way they popularized false accusations, they should
also popularize the honorable acquittal. 65
Comparative study of UK and USA Rape Laws
Throughout the United States and the United Kingdom's legal history, the offense of rape
was based on myths and stereotypes about the rape victims.66 Rape crime had been ignored until
61
Hunt, Laura, and Ray Bull. "Differentiating genuine and false rape allegations: A model to aid
rape investigations." Psychiatry, Psychology and Law 19, no. 5 (2012): 682-691.
62
Patel, Vibhuti. "Campaign against rape by women’s movement in India." Deportate, Esuli,
Profughe: RivistaTelematica di Studi Sulla MemoriaFemminile 24 (2014): 36-47.
63
Rawat, Ms Asha Rani, and Ashu Maharshi. "A Study on Rising Amount of Fake Rape Cases in
India." PalArch's Journal of Archaeology of Egypt/Egyptology 17, no. 9 (2020): 9605-9611.
64
Ibid
65
Rawat, Ms Asha Rani, and Ashu Maharshi. "A Study on Rising Amount of Fake Rape Cases in
India." PalArch's Journal of Archaeology of Egypt/Egyptology 17, no. 9 (2020): 9605-9611.
66
Barn, Ravinder, and Ráchael A. Powers. "Rape myth acceptance in contemporary times: A
comparative study of university students in India and the United Kingdom." Journal of interpersonal
 17

the 1970s and 80’s reforms. However, following feminist movements and laws reforms, the rape
laws were made stricter. In the last three decades, several laws have been legislated to respond to
rape cases. They have undergone modifications severally to ensure that all the involved parties
are in agreement. For instance, the Sexual Offence Act of 1975 and the Youth Just and Criminal
Evidence Act of 1999, and the Criminal Justice Act of 2003 in the UK.67 Similarly, in the US,
Congress has legislated several rape shield laws, which include the Violence Against Women
Act (1994), Michigan’s Criminal Sexual Assault Law (1974) that addresses the crime of rape.
The United Kingdom witnessed a major overhaul of the sexual offenses laws at the start
of the 21st century. Before the amendments, the sexual offenses were tried based on the 1956
legislation, with some clauses dating back to the 20th century. Some of the rape laws
implemented in the UK include the Sexual Offenses Act 1956, which broadened the definition of
rape.68 This was further changed in 1976, from “against her will,” coupled with evidence of
physical resistance, to “without her consent” even though the burden to prove non-consensual
remained with the victim.69 In 1994, rape offenses were redefined again to include male and
marital rape. The UK Sexual Offences Act 2003 addresses the anomalies in the previous acts.
The Sexual Offence Act 2003 stipulates that in order to get a conviction for a rape
incidence, one is required to prove beyond a reasonable doubt that the defendant indeed
committed the rape within the scope of legal definition.70 Furthermore, the accuser has to prove
that the defendant was aware that the victim was not consenting, which is known as actus reus or
the guilty Act, in addition to mens rea (intended to commit a crime). According to the sexual
offense act, actus rues of rape refer to penile penetration of the vagina, anus, or mouth of
someone else without them consenting. Thus, the definition shifted from unlawful sexual Act
with a female to penetration of the vagina, anus, or mouth of another person without the
individual consenting. The sexual offense act amendment 2004 includes penile penetration of
violence (2018): 0886260518775750.
67
Roberts, Paul, and Adrian Zuckerman. Criminal evidence. Oxford University Press, 2010.
68
Rogers, J. W. "The Time Limit on Prosecutions for Underage Sexual Intercourse in the Sexual
Offences Act 1956: A Continuing Problem." Hart Publishing, 2018.

69
Ibid
70
Carline, Anna, and Clare Gunby. "“How an ordinary jury makes sense of it is a mystery”:
Barristers’ perspectives on rape, consent and the Sexual Offences Act 2003." Liverpool Law Review 32,
no. 3 (2011): 237-250.
 18

mouth, vagina, or anus to cover other objects used in penetration. The guilty mind or mens rea
asserts that a person should not be punished on offense that they did not know they were
committing during the Act.
Based on The Sexual Offences Act 2003, a woman can be tried in a court of laws for
sexual assault under the UK laws, which is lacking in the Indian Law. In the UK, sexual assault
victims are further compensated using money. Similarly, The Sexual Offence Act, 2003 made
prostitution gender-neutral. The legal reforms in the UK shifted attention away from the
character of the victim to the offender’s behavior. Similarly, it eliminates the need for witness
corroboration among other physical evidence requirements towards proving non-consent.
In the United States, by the mid-1980s, all states had passed rape law reforms, although
they vary in scope and comprehensiveness.71 The rape shield laws restrict the application of
evidence during trial on the victim’s sexual conduct, dropped the corroboration rule, and, in
some states, the physical evidence unnecessary. Similarly, the US rape laws expanded the
definition of the law from a single definition (penetration using a penis) to multiple graded
offenses that are related to circumstances and acts. Rape crime was broadened, which includes
mouth and anal penetration, male victims, and marital rape.72
In the United States, abortion is legal in every state based on the ruling of Roe v. Wade.
The judge ruled that every woman had a right to decide on abortion under the right to privacy
clause. Similarly, the Violence against Women Act 1994 protects women against domestic
violence, declaring the offense a federal crime. According to Frohmann and Mertz, legal reforms
for rape offenses had two major goals, which include efficacy (augmentation of the possibility of
conviction) and process (address the victim’s views and experience during the process), but the
goals did not coincide.73 For instance, while the prosecution may attain conviction, the effects
might be devastating for the victim.

71
Futter, Stacy, and Walter R. Mebane Jr. "The effects of rape law reform on rape case
processing." Berkeley Women's LJ 16 (2001): 72.
72
Bergen, Raquel Kennedy, and Elizabeth Barnhill. Marital rape: New research and directions.
National Resource Center on Domestic Violence, Pennsylvania Coalition Against Domestic Violence,
2006.
73
Frohmann, Lisa, and Elizabeth Mertz. "Legal reform and social construction: Violence, gender,
and the law." Law & Social Inquiry 19, no. 4 (1994): 829-852.
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Gender-neutral with rape laws

Patricia Novotny discusses the subject of gender neutrality within the rape statutes and its
impact on all gender.74 Gender neutrality laws in relation to rape recognize that both males and
females can either be victims or perpetrators. Gender-neutral laws have increasingly been
adopted in the past four decades globally. However, they vary across the jurisdiction in which
they serve. The aim of the wider adoption is the comprehension of the purpose of rape laws,
which is protecting sexual autonomies from harm caused by non-consent penetration sex acts.
The traditional rape laws are discriminatory since they focus on penile-vaginal intercourse and
thus excluding behaviors that are comparable to rape acts.75
Countries that have adopted gender neutrality rape laws include Canada, Australia,
Ireland, England, and Wales.76 However, neutrality differs with each jurisdiction. While some
have adopted fully gender-neutral laws that recognize that men can be victims of rape and
women are physically capable of committing rape offenses. This covers situations where a
woman coerces a man, another woman, or a child to penetrate her in any of mentioned ways.
Similarly, United Kingdom extends the definition of rape to include men victims; however, the
laws do not recognize females are principal offenders though they can be charged as accessories.
Although most of the jurisdictions do not recognize same-sex rape, the state of Indiana is
exceptional such that it has gender-neutral laws recognizing rape between the same gender.
Additionally, gender victimization and gender neutrality are clearly defined in the United
States. The documentation of male sexual victimization in the United States can be traced back
to the 19th century.77 However, outside the US, gender neutrality seems to have a long history.
For instance, in China, there are laws that explicitly regulate male rape that goes back to 1740.

74
Rumney, Philip NS. "In Defence of Gender Neutrality Within Rape." Seattle Journal for Social
Justice 6, no. 1 (2012): 20.
75
Fisher, Nicola L., and Afroditi Pina. "An overview of the literature on female-perpetrated adult
male sexual victimization." Aggression and Violent Behavior 18, no. 1 (2013): 54-61.
76
Goldscheid, Julie. "Gender neutrality, the violence against women frame, and transformative
reform." UMKC L. Rev. 82 (2013): 623.
77
Anderson, Scott A. "Conceptualizing rape as coerced sex." Ethics 127, no. 1 (2016): 50-87.
20