The Kerala High Court stated that police should not hesitate to act against false sexual assault allegations by women. It stressed that false accusations ruin innocent lives and must be investigated thoroughly.
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Kochi: The Kerala High Court told the police that they should not be afraid to take action against women who falsely accuse men in sexual assault cases.
The court was looking at a bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
A single-judge bench led by Justice P. V. Kunhikrishnan stated,
“Merely because the de facto complainant is a lady, there is no presumption that, in all cases, her versions are gospel truth, and the police can proceed based on her statement without considering the case of the accused. Nowadays, there is a tendency to implicate innocent people in criminal cases with serious allegations of sexual assault. If the police find that the allegations of such women against men are false, they can very well take action against the complainants also. The law permits for the same. But some of the police officers are not ready to take such action, apprehending that it will backfire on them. No such apprehension is necessary. The court will take care of the interest of such officers, if their findings are correct.”
Background of the Case
A criminal case was filed against the petitioner under Section 75(1) of the Bharatiya Nyaya Sanhita (BNS), 2023.
The prosecution claimed that on December 20, 2024, the accused, who was the Manager of a company, grabbed the complainant’s arms with sexual intent and committed an offence.
Court’s Reasoning
The Court found that the petitioner could be granted bail with strict conditions. It also gave full freedom to the investigating officer to conduct an independent and unbiased investigation.
The Court strongly emphasized that bail is the rule, and jail is the exception, referring to past Supreme Court rulings in cases like Chidambaram P. v. Directorate of Enforcement, Siddharth v. State of Uttar Pradesh and Another, and Manish Sisodia v. Central Bureau of Investigation. It also highlighted the growing problem of false allegations and warned that police investigations should not be one-sided.
The Court placed a duty on the police to verify the truth of allegations before proceeding. If an accusation is found to be false, strict action must be taken against the person making such claims. The judge made a crucial observation, stating,
“The damages caused to a citizen because of false implication cannot be compensated by payment of money alone. His integrity, position in the society, reputation, etc, can be ruined by a single false complaint. The police authorities should be alert and vigilant, to find the truth in criminal cases during the investigation stage itself. Nowadays, it may take years to consider the case of such innocent persons by a court of law, if a charge sheet is filed. In such situations, the investigating authorities should think twice before registering and filing charge sheets in such cases.”
The Court also pointed out that the judiciary is already overburdened with many complex cases. Therefore, the police should carefully distinguish between genuine and false cases before submitting their final reports in criminal cases.
In the end, the bail application was granted, and the Court once again reminded the police of their responsibility to conduct fair investigations.
Petitioner- Advocate R. Anas Muhammed Shamnad, Advocate T.U. Sujith Kumar, Advocate C.C. Anoop, Advocate Thareek T.S., Advocate Hamdan Mansoor K., Advocate Dheerendrakrishnan
Respondent- C.S. Hrithiwik
CASE TITLE:
Noushad K vs. State of Kerala (2025:KER:16338)
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