Victims of False Accusation of Rape
![handle is hein.journals/ijlmhs11 and id is 4288 raw text is: International Journal of Law) Management & Humanities
Victims of False Accusation of Rape
UPASNA TAWARI
ABSTRACT
There exists the fundamental principle of criminal law Innocent until not proven guilty,
presumption of innocence, yet there is an image that is created in the minds of people
that a victim is a victim and the accused is Guilty, what if the accused is the
victim, victim of false accusation? A person being accused can be described as a
person or people who may be guilty of a crime and who are being judged in a court of
law. A false accusation of the offence of rape occurs more often than most people would
expect. When the reasons are traced, they are mostly intentional, or based on situational
factors, innocence, or otherwise erroneous based on wrong testimonies. Many argue b a
lot about the severe consequences offalse accusations on the victim. But unfortunately,
there is a dearth of good research on the consequences offalse accusations of Rape. In
order to address the lacuna, the current study focuses on the reasons and consequences
offalse accusation, psychological impact on the victim which includes societal remarks
or stigma, personal and professional life, economic loss, impact on family, the gross
violation offundamental rights guaranteed by the constitution of India under Article 21
and Article 14 of the alleged perpetrator or the victim following the false accusation. An
explorative study was conducted, visited various cases and statistics--the recent where a
man acquitted after 20 years following false rape charges, cases of rise in false rape
cases in Kerala and in various states oflndia. The rise in the women empowerment which
is not bad at all following the long history of dominant patriarchal society but there is
also a rise in the false charges which can harm society's fabric and a gross miscarriage
ofjustice, abuse oflaw for different purposes, which needs to be addressed and regulated.
Keywords: False accusations, Criminal law, rape, consequences, wrong testimonies,
psychological social, personal, economic, violation, fundamental rights.
I. INTRODUCTION
There exists the fundamental principle of criminal law Innocent until not proven guilty,
presumption of innocence, yet there is an image that is created in the minds of people that a
victim is a victim and the accused is Guilty, what if the accused is the victim, victim of
false accusation? A person being accused can be described as a person or people who may be
1 Author is a student at University of Petroleum and Energy Studies, Dehradun, India.
© 2021. International Journal of Law Management & Humanities [ISSN 2581-5369]
4250
[Vol. 4 Iss 3; 4250]](ViewImageLocal?handle=hein.journals/ijlmhs11&div=376&collection=&method=preview&ext=.png&size=3)
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Victims of False Accusation of Rape
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