Justice Miscarried- An Examination of Trauma Experienced by Falsely Accused Individuals in Sexual Offence Cases

Paper Code: AIJACLAV21RP2025

Category: Research Paper

Date of Publication: Nov 19, 2025

Citation: Amirtha Vardhini T. & Akshaya. S.T, “Justice Miscarried- An Examination of Trauma Experienced by Falsely Accused Individuals in Sexual Offence Cases", 5, AIJACLA, 230, 230-239 (2025), <https://www.aequivic.in/post/justice-miscarried-an-examination-of-trauma-experienced-by-falsely-accused-individuals-in-sexual-of>

Author Details: Amirtha Vardhini T. & Akshaya. S.T, Students, The Tamil Nadu Dr. Ambedkar Law University (School of Excellence in Law), Chennai, Tamil Nadu

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Abstract

Sexual crime shatters life, and survivors often carry the weight of their trauma long after the world has moved on. An accusation of such an offense carries profound legal, social, and psychological ramifications. However, when allegations are fabricated, they result in a grave miscarriage of justice, inflicting irreparable harm upon the falsely accused. It must also be remembered that being falsely accused is a slow suffocation. Indian penal laws are designed to safeguard vulnerable groups, particularly women and children, from sexual offenses. Yet, the intensified legislative focus on sexual crimes, particularly following the 2013 criminal law amendments, has inadvertently facilitated instances of legal misuse. This paper critically examines the statutory framework governing sexual offenses, scrutinizing its potential for exploitation, identifying common areas of misuse, and analyzing the devastating repercussions on individuals wrongfully implicated, including social impact, psychological distress, and professional ruin. Through an analysis of various cases and legal precedents, the study highlights these concerns while underscoring the need to ensure that genuine victims are not subjected to further trauma while navigating the judicial process. Additionally, this paper conducts an incisive analysis of the reformed criminal laws of 2023 to evaluate their efficacy in mitigating false accusations without undermining the rights and protections afforded to legitimate survivors. The human rights implications are also examined. Drawing insights from international best practices, the paper explores potential avenues for legal development. Ultimately, it advances recommendations aimed at fostering a more balanced, gender-neutral legal framework that upholds equality.

Keywords:- Sexual offenses, False accusations, Genuine victims, Criminal laws.

Paper Code: AIJACLAV21RP2025

INTRODUCTION:

India ranked 128 out of 177 in the Women, Peace, and Security Index of 2023 indicating a very poor safety for women in India. In today’s scenario, the passing of each day for a woman without being a victim of any form of sexual harassment has become a blessing. But when it comes to reporting such crimes despite the formation of many platforms like the National Commission for Women and special legislations like POCSO and POSH Act it is very low. It is because of the several myths and stigma in and around the parties involved in the sexual offences. When one reports as a victim, there are so many tags and names given to her and she terribly faces so many struggles. What if one is accused of these crimes falsely? The experience they undergo is also an unbearable pain of their life by living in Indian society. Once Lord Chief Justice Sir Mathew Hale said that ‘Rape…. is an accusation easily to be made and hard to be proved, and harder to be defended by the party accused, tho never so innocent[1]. The laws in India that try to safeguard the victims of sexual offenses including the recent Criminal reforms of 2023 which replaced the old penal laws propose some provisions to address false allegations and false complaints generally but it has not addressed the pain of an accused who faces struggles socially, economically, psychologically and to add to this the legal struggles. The Criminal justice system works on the principle that no innocent must be punished even if all the offenders are let free and each and every one before the court is Innocent until proven guilty. So, in this case to give equal justice to everyone the situations and sides of the persons accused falsely to be addressed. This paper tries to analyze the prevalent laws for the subject matter and tries to give a better way to address the problem.

WHAT IS FALSE ACCUSATION?

When finding the false accusations, they are not always with the fraudulent intent. It may be of two forms,

In the first criterion, the victim who gives a complaint may have forgotten the identity of the real offender or in some other confusions, the victim may point towards the wrong one. Or it may be of false memory where the Human brain is convinced of an incident of rape or any sexual harassment to have happened to them and they believe it to be a real one. This is not intended. This is common among child victims.

In other criteria, it is with fraudulent intention where it may be for many reasons such as revenge or to extort money from the accused persons by threatening them, etc… But the intention here is clearly strong. It may be unthinkable for one to falsely portray themselves as victims and go to an extent even up to criminal prosecutions. But this is an existing real problem.

In India, the false accusations of sexual offences have taken a huge increase, especially after the Criminal Reforms of 2013 after Justice Verma Committee which focused on reforms on sexual offences which added so many tortures against women as a separate crime. After the 2012 Nirbhaya rape case[2], the number of rape cases reported to police in Delhi rose sharply. But soon it was found that the cases filed from 2013 to 2014 were more than half false. The Media claimed that the reason for the expansion of the definition of rape mandated the police to register cases and the number of cases increases by 100%. These all seemed to be a positive step until the Delhi Commission of Women[3] released a report that 53% of them are false. However, the problem with the finding is that the Commission classified all the cases that were dropped by women before prosecution as false. The reasons behind it were not analyzed. One Hindu journalist analyzed this situation and the reasons for the dropping of cases.

According to an NCRB Report of 2020[4], about 8% of the cases under investigation were false and even the report and the basis of it does not include the reasons behind such cases. But it does not mean that every other case is true and went to criminal prosecution and conviction. The leftover cases had the categories of cases in which final reports are non-cognizable cases that had mistakes of fact or law or cases that turned into a civil dispute or cases which was ended because of the lack of evidence etc….

REASONS FOR SUCH FALSE ACCUSATIONS:

Women who have undergone the tortures of sexual offences would often consider the criminal proceedings as secondary violations. A woman coming forward to talk about the injustice that happened to her must be highly appreciated. But the social humiliation is true. In that case, Why would a women falsely give a complaint by putting herself as a victim? This is happening.

Out of vengeance or for Revenge:

Revenge is a strong motive to indulge in such false allegations. In many cases, for personal or professional rivalry the so-called victims use the rape laws as the trump card to fulfill their evil intentions. In the case of Dologobinda Pradhan v The State of Odisha[5], the High Court considered that the FIR was lodged with false allegations against the one who uncovered the theft of forest produce by her husband. Like this, there are so many instances that could be quoted where the sensitivity and importance of the rape laws are ignored and it is misused.

To gain sympathy:

The people may sometimes create attention seeking or the sympathy of others by these kinds of false complaints and victimize themselves. This may sometimes be due to psychological personality disorders but not always. People may also do it with pure intentions also. In the case of Union of India v Ex. Constable Ram Karan[6], when a doctor was asked by the complainant and his wife to reimburse the medical claims and he refused it. The complainant attacked the doctor and injured him. It was witnessed by a constable. The complainant falsely alleged the doctor of misbehaving (Sexual abuse) with his wife. It was to escape from the charges of injury and to seek the sympathy of the public.

May help to escape from other allegations:

This allegation of sexual harassment against another may help her to safeguard herself from another allegation that may be pending. For example, those who have committed the offence of theft may claim herself as a victim of rape.

Personal regret after Consensual Sex:

The consent given by the complainants, in the beginning, is regretted by themselves due to some behaviors of their partners or some other reasons. This condition is mainly due to personal guilt. It is very complex as it involves personal emotions.

Family Pressure:

In most of the cases where the loved couples have eloped, there is a high chance of false accusations by the parents of the girls on the boy that he has manipulated her just to abuse her or they may also accuse him of charges like trafficking, etc… Also in another case when the girl is caught about her secret relationship she is often threatened to give complaint against her own love. So here the complaint itself is against her will. These types of false cases are so common in eloping cases. The only way for the truth of the accused to be established is through the statement of that girl but she itself is threatened here. These may sometimes be done by friends or the higher authorities. This is common among young or vulnerable individuals.

To extort money:

Extortion is punishable under the IPC as well as BNS. These kinds of allegations socially and psychologically threaten a man make him fall for these types of fraud activities and make them lose money.

The identity is not remembered:

The victim may not remember the face of the accused sometimes in serious sexual offenses like rape. The trauma faced by the sexual harassment victims makes them lose their memory. Even trying to remember that particular day is equivalent to reliving that trauma. This is unintentional.

HOW ESTABLISHING CONSENT, THE DIFFICULT TASK FAVOURS THE COMPLAINANTS IN FALSE ACCUSATIONS:

The aspect of consent in rape cases is crucial. The sexual intercourse without consent would come under rape under section-63 of BNS. And it is very clear in many cases that passive submission is not considered consent in rape. In Tukaram v State of Maharashtra[7], the Bombay High Court held to observe that although the learned Sessions Judge was right in saying that there was a world of difference between sexual intercourse and rape, he erred in appreciating the difference between consent and "passive submission". Mere passive or helpless surrender of the body and its resignation to the other's lust induced by threats or fear cannot be equated with the desire or will, nor can furnish an answer by the mere fact that the sexual act was not in opposition to such desire or volition. There is a high chance of this concept of passive submission being misused by the complainants as the establishment of consent is difficult and it has to be done by the accused under section 120 of the Bharathiya Sakshiya Adhinayam (Section 114A of Indian Evidence Act) Since passive submission does not leave clear physical evidence, an accused person may struggle to defend themselves if the only proof is the complainant’s retrospective assertion. A consensual encounter may later be reinterpreted as passive submission, particularly in cases of personal disputes, social pressures, or regret. Given that passive submission is subjective, an individual may claim that they did not consent despite having engaged in the act willingly at the time.

The question of consent has been always a difficult one to determine in rape cases. The consent which is got through fraud means or through false promises to marry is punishable under sec 69 of the BNS. But what if these advantages in opposing the point that consent is given are misused? The promise to marry does not become false just because he couldn’t marry her due to some circumstances like family issues etc… but things that are so genuine. It is just a breach of promise to marry. If the promise has been made with the intent not to fulfill it while making it itself then it would be considered a false promise. In the case of Pramod Suryabhan Pawar v State of Maharashtra (2019)[8], the two elements that constitute the false promise to marry were listed which are the promise with bad faith and the direct connection of it with the woman’s act of engaging in sex. In this case, even though the facts given by the complainant are accepted the promise is false was not established. So the offence under section 375 of the IPC (section 63 of BNS could not be invoked). This interpretation is particularly relevant in cases of false rape allegations, where the courts must carefully distinguish between relationships that ended in good faith and cases where deceit was involved. Misuse of this legal provision could lead to wrongful accusations, undermining genuine cases and affecting the credibility of real survivors. Thus, judicial scrutiny is crucial to ensure that allegations are not based on retrospective resentment but on actual deception at the time of consent.

In some cases, though women know of the impossibility to do marriage despite the promise of marriage by the accused they claim that they have been deceived and raped by the accused. This claim is totally absurd and has a great impact on the accused who is not qualified for that offence. The courts have tried to stop the misuse of provisions by women in many cases, in Udaya Kumar v State of Karnataka[9], the Supreme Court set aside the conviction ordered by the High Court in appeal and held that the complainant knew that their chances of marriage were low due to their family rivals and had sex with the accused even after it. So now the breach of the promise by the accused has occurred, it would not make the previous acts of sexual activity as rape. In Manoj Kumar Arya v State of Uttarakhand[10], the complainant continued her relationship with the accused even after his marriage to someone else knowing the same. So consent was present here. It would not amount to rape. The High Court further held that in modern society, section 376 of the IPC is misused by women as a weapon against their male counterparts once there arises a difference in their relationship.

In most of the cases of living relationships, the breakdown in that relationship itself acts as a predecessor to upcoming criminal proceedings. This kind of revengeful activity must not be encouraged in the name of giving justice to vulnerable women. In fact, these kinds of encouragements affect the vulnerable, the genuine victims. In the case of Prasahant v State of Delhi (2024)[11], the court stated and emphasized that consensual initial relations cannot be retroactively criminalized.

MYTHS IN AND AROUND SEXUAL OFFENCES AND A NEED FOR BALANCED APPROACH BY THE JUDICIARY:

There have been several myths around the rape victims and the determination of consent. Historically, it has been assumed by the courts that women with previous sexual experiences or women who engage in sexual professions have consented to the act and there was no justice to those genuine victims who were abused. This was addressed by the legal system and where section 53A of the Indian Evidence Act (Section 48 of BSA) deals with evidence of character or previous sexual experience of the victim is irrelevant but it applies only regarding consent in rape cases. In Law Commission reports[12] 84 and 172(section 155(4) A man could be acquitted if the woman is shown her immoral character through past sexual experiences was repealed), these concerns were addressed. At the same time, the other side must also be given a fair chance to defend or establish their innocence. Sometimes the previous relationships or contacts of the victims may be relevant when the dispute arises out of misunderstandings, breakups, etc.. The Courts must carefully distinguish between shaming the character of the victim through using their sexual experiences and establishing the past interactions and relationships between them through legitimate use. The focus should remain on the specific evidence of the alleged offence rather than past conduct. However, in cases where prior interactions bear directly on the truthfulness of an allegation, courts must have the discretion to evaluate them fairly, ensuring that neither party is unjustly prejudiced. A balanced approach is appreciated by the courts to provide fair opportunity to victims and accused to prove themselves.

RELIANCE ON STATEMENTS ON VICTIMS:

The reliance on the statement of the victims serves as the sole criteria for conviction in so many rape cases by the several judgments of the Supreme Court like Moti Lal v State of MP[13], But at the same time, the Statement under the 164 of Crpc (183 of BNSS) can sometimes only act as corroborative evidence to the other evidence. If we consider the victim’s testimony as genuine then it is good but what if the statement given by the victim is not credible or other evidence that shows the other way of possibility, It must also be addressed because no innocent person should be convicted of someone’s false accusations. So the Judgements like Krishna Kumar Malik and v State of Haryana[14], Santhosh Prasad v State of Bihar, [15]and like many others even though not explicitly, gave some interpretations which could possibly help in safeguarding the rights of the accused who are suffering by false complaints to analyze the statements of victims whether they inspire confidence to the court and must make sure before ruling in favor of the victim that all lacunae to show that her evidence cannot be relied on is ruled out and the insufficient corroboration and the benefit of doubt must go to the accused who maybe innocent, though ordinarily the evidence of prosecutrix must be believed there is no need to apply it mechanically to every fact.

IMPACT ON FALSELY ACCUSED PERSONS:

Societal impact:

 The falsely accused person would face lots of trauma and still be treated as an accused after the false accusation had been proven, the stigma has been attached to the person which may cause social isolation, and loss of trust from anyone around them and leads to the breakage of social bonds.

Impact on reputation:

A false accusation causes lots of mental stress to the person by damaging the reputation of the person in society, loss & refusal to provide job opportunities. Nowadays it has been used as a weapon to damage the reputation of the person in the society.

Psychological impact

 A person who is falsely accused goes through lots of struggles to prove his innocence. The lack of support, formal and informal, apology or recognition of the pain caused to the accused was a constant theme. It resulted in deep mistrust of others, particularly those in authority, and the media and there is also a sense of alienation. In, Ravi vs State of Maharashtra (2019)[16], where a woman makes a false accusation of rape on a young man, which causes humiliation when he is unable to bear the trauma, mental pressure, and damage to his reputation he loses his life by committing suicide.

In this case, the Bombay High Court highlighted that "false accusations of sexual offenses destroy a person's life and liberty. These types of false complaints should be considered serious offenses and treated as abetment of suicide Under BNS

Impact on Family:

The stigma of the accused person also affects the whole family, including the child's life, and may permanently lead to the breakdown of the family. The Children's Welfare Center said, "Due to false accusations, children may be deprived of a healthy relationship with their parents. These accusations can divert attention from the child's welfare and needs." For example, children may face bullying from their peers and experience isolation.

IMPACT ON GENUINE VICTIMS:

False allegations of sexual offenses not only disrupt the mental peace of the accused but also pose a significant deterrent to genuine victims seeking justice. In a conservative society like ours, there exist deep-rooted socio-cultural barriers that discourage women from reporting incidents of sexual abuse or violence. Various factors contribute to the underreporting of such crimes, including societal stigma, character assassination, intimidation by the accused and their families, and even opposition from the victims’ own families. The victim is often subjected to scrutiny regarding her attire, conduct, and personal relationships, shifting the burden of blame onto her rather than the perpetrator.

Historically, survivors of sexual violence have been forced to bear the weight of societal shame, leading many to internalize guilt and isolate themselves. The progress made in empowering women to assert their rights and seek legal redress has been hard-fought. However, the misuse of legal provisions by even a small fraction of individuals can foster skepticism toward genuine complainants. This, in turn, may erode the trust of law enforcement and the judicial system, resulting in delays in investigations, a lack of due diligence in handling complaints, and reluctance on the part of officials to act with the required urgency. If the credibility of genuine victims is consistently questioned, it may inflict severe psychological trauma upon them and diminish their faith in the legal system, ultimately hindering the broader pursuit of justice and social progress.

FAKE CASES UNDER POCSO:

The POCSO Act safeguards children from sexual offenses, but its misuse occurs through false complaints, often driven by personal disputes, land issues, or extortion. Section 22 imposes penalties for false accusations. The Supreme Court has issued guidelines to handle POCSO cases and tackle false allegations.

In XXX v State of Kerala[17], Though every case must be handled with caution cases of this sort must be given extra caution because if it is untrue it would result in grave consequences to the accused’s reputation and social status and affect it greatly. In Pancchi v State of UP[18], the Court said that in our society even before trial the accusation of child abuse on the innocent accused itself would damage their reputation. This case focussed on the testimony of the child witness who is prone to the influence of others and in these cases, the prosecution highly relies on the child testimony for conviction. So, the Judiciary should carefully handle those complaints. This was said before POCSO Act. In Verapal @ Titu v State[19], the court underscored that while an erroneous acquittal may weaken public trust, a wrongful conviction is far more detrimental. Granting the appeal, the court pointed to discrepancies in the victim’s testimony and her refusal to undergo an internal medical examination without adequate justification. In acquitting the appellant, the court identified “serious flaws and gaps” in the prosecution’s case. Justice Anoop Kumar Mendiratta highlighted that even unfounded accusations of child abuse can lead to a lasting social stigma, often causing greater distress than the trial or imprisonment itself. The court further emphasized that, in certain cases, the societal repercussions of a false allegation may be more overwhelming than the challenges of legal proceedings and incarceration.

So, it could be understood that the Supreme Court itself emphasized the social implications, which could possibly affect the innocent accused and their sufferings.

CRIMINAL LAWS IN INDIA TO ADDRESS FALSE COMPLAINTS:

Section 217: Penalizes the act of providing false information to a public servant with the intent of inducing them to misuse their authority to cause harm to another individual. (Imprisonment increased from 6 months to 1 year and fine one thousand to ten thousand) 

Section 231: Criminalizes the act of fabricating or presenting false evidence with the objective of securing a conviction for a crime punishable by life imprisonment or a jail term. 

Section 233: Addresses the use of falsified evidence, making it an offense to knowingly rely on false evidence in legal proceedings. 

Section 236: Penalizes false statements made under legal sanction, particularly when such declarations are presented as admissible evidence. (‘courts of justice’ changed as ‘court’)

Section 237: Makes it an offense to deliberately present a misleading statement as factual evidence, even when the individual making the statement knows it to be false. 

Section 248: Specifically punishes the act of falsely accusing someone of a crime with malicious intent. (Imprisonment increased from 2 years to 5 years and from 7 years to 10 years and fine up to 2 lacs)

The need for a separate section on false accusations of sexual offenses is necessary because, although current laws deal with fabricated evidence and false accusations generally, they do not specifically address the serious and particular repercussions of false accusations of sexual offenses. Even if the accused is later found not guilty, accusations of rape and other sexual offenses have serious social, professional, and psychological ramifications. In contrast to other crimes, the stigma attached to sexual offenses has the potential to permanently harm people's personal lives, careers, and reputations. A distinct legal provision is required in light of the growing concerns regarding false allegations in specific cases in order to Recognize the disproportionate impact of false accusations and distinguish them from general false accusations, Prevent the abuse of laws pertaining to sexual offenses while guaranteeing that actual victims continue to obtain justice and protection, In situations where accusations are discovered to be willfully false, ensure stricter scrutiny of evidence, Preserve the integrity of victim protection laws by making sure they aren't used as a weapon for nefarious or personal gain. The idea that legal protections shouldn't be abused at the expense of justice would be strengthened by a clear legal provision that would strike a balance between the rights of the accused and actual survivors.

INTERNATIONAL BEST PRACTICES:

BOTSWANA[20]:

Recently by Amendment of 2021 in a country called Botswana in South Africa, false accusations of sexual offenses are criminalized. Making knowingly false or deceptive claims that someone has committed a sexual offense is illegal under Section 168B of the Penal Code. It imposes a maximum penalty of five years in prison. Crucially, if it is established during an investigation or prosecution that the alleged act never happened, then the allegation is only deemed false or misleading. Acquittal, however, does not imply that the accusation was untrue. Once a knowingly false or misleading statement is made, the offense is committed, regardless of whether it is reported to the police or another individual, or if it leads to an arrest or prosecution. The burden of demonstrating that the claim was false beyond a reasonable doubt rests with the prosecution. Mens Rea in False Accusations- According to the Penal Code, an individual who acts in accordance with a sincere, reasonable, but incorrect belief is not criminally liable for that act. An accuser of rape is not guilty of making a false accusation if they sincerely think they were raped but are misinformed about the identity of the perpetrator. Acquittal Does Not Always Indicate False Allegations. An accused individual may be exonerated for a number of reasons, such as mistakes made by the prosecution, the investigation, the court, or the lack of sufficient evidence. Prosecuting Knowingly False Accusations For retaliation, money, or regret, someone may make a false accusation. However, under sec., motive is not necessary for prosecution. If affected by a lesser serious sexual offence and allege the accused of a more serious one it also amounts to false allegation under this section. In contrast to punishments in other jurisdictions, the discussion looks at whether Botswana's five-year prison sentence for false rape accusations is sufficient. Legislators discussed enacting harsher penalties for false accusations, with proposals ranging from 10 years to equal or half of the rape sentence, even though rape convictions carry harsh penalties (minimum 20–30 years). Nevertheless, a maximum of five years was agreed upon in the final legislation. The court may also order compensation if it thinks fit other than the punishments given by calculating the physical as well as mental injuries(168A).

CALIFORNIA, US :

Under California law, making a false criminal report, including a wrongful allegation of rape, is recognized as a serious offense. Penal code 148.5 PC classifies it as a misdemeanor when someone deliberately provides untrue information to law enforcement or a grand jury regarding a crime. Imprisonment is for 6 months. Though it covers the ambit of false accusations in sexual offences the punishment of a smaller sentence reduces the seriousness of the offence.

UK:

The offence of false allegation can be punished under Perverting the Course of Justice carrying a life sentence or sentence from 7 to 10 years, and Wasting Police Time contrary to section 5(2) of the Criminal Law Act 1967. This does not exclusively stand for false allegations in sexual offences.

OTHER COUNTRIES:

False accusations carry a maximum sentence of seven years in New South Wales while perverting the course of justice carries a maximum sentence of fourteen years. Zambia treats false reports as misdemeanors, whereas Kenya enforces penalties commensurate with the crime that was falsely accused.

RECOMMENDATIONS:

1.       The NCRB report of crimes in India does not exclusively give report false cases on the number of cases of rape and other sexual offenses. So a need for a separate National database is there for the proper control of such false complaints and that must be done along with analyzing the reasons for such false complaints. So that periodic review of those data is possible to cope with the situation.

2.       A separate legal Provision is needed to convict the false complainants properly then only a proper quantum of punishment can be given the punishments under normal provisions for false complaints in India are a maximum of 6 months which is not enough. Compensation must also be given. The practice in Botswana could be inspired.

3.       The evidentiary standard in cases like Consensual relationships and living relationships is to be reformed and the Judiciary must give judgments with some caution so that there is a balanced approach to safeguard innocent accused and genuine victims.

4.       Social and public myths must be destroyed about sexual offences and victims and social stigma towards both victims and accused should be avoided. So public awareness programs should be encouraged.

5.       Gender-neutral laws are important in the aspect of sexual offenses. Because New Criminal Laws address only the women victims of sexual offenses.

6.       More reliance on scientific evidence should be developed to convict with the most evidence and possibility.

7.       Procedures on the accused should be made stringent only after the prima facie case is established. The change in section 480 of BNSS regarding bail which has been relaxed is appreciable from this point of view.

REFERENCES:

• False rape allegations against men in India -Author: Shehryar Edibam, Student at D.Y. Patil School of Law, Navi Mumbai, ISSN (O): 2582-306X VOLUME 4, ISSUE 3.

• False Rape Accusations in India: Legal, Sociological, and Technological Perspectives- Rajesh Rathoda (Independent Researcher).

• Repercussions of Fake rape cases- S. Udayasree, VOL. 2 ISSUE 4 Journal of Legal Research and Juridical Sciences ISSN (O).

• A Double-Edged Sword? Reflections on the Development of the San Community of Botswana’ (2014) 5(20) Mediterranean Journal of Social Sciences.

• False Reports: Moving Beyond the Issue to Successfully Investigate and Prosecute Non-Stranger Sexual Assault by Dr. Kimberlya. Lonswa y, SGT. Joanne Archambault (RET.), Dr. Da Vidlisak1.

• An Analysis On The False Rape Allegations In India, Aryan Gupta, Kirit P. Mehta School of Law, NMIMS, IJLLR Journal IJLLR Journal Dec 20, 2021.

• Misuse of Provisions of the POCSO Act in Divorce Proceedings, Article is authored by Shreya Patel.

[1] Sir Matthew Hale, Historia Placitorum Coronae: The History of the Pleas of the Crown (1st published 1736, E and R Nutt 1800) vol 1, 635

[2] Mukesh and another v State for NCT of Delhi and others (2017) 6 SCC 1.

[3] Delhi Commission for Women Report , 2014

[4] National Crime Records Bureau, Crime in India 2020 (Ministry of Home Affairs, Government of India, 2021)

[5]  Dolgobinda pradan v State of Odisha (SC) BS1161148

[6] Union of India v Ex Constable Ram Karan (2021) SCC Online SC 1234

[7] Tukaram v State of Maharashtra(1979) 2 SCC 143

[8] Pramod Suryabhan Pawar v State of Maharashtra (2019) 9 SCC 608

[9] Uday Kumar v State of Karnataka AIR 2003 SC 1639

[10] Manoj Kumar Arya v State of Uttarakhand (Uttarakhand HC, 5 July 2023)

[11] Prasant v State of NCT of Delhi (2024) INSC 879

[12] 84th Law Commission Report

Law Commission of India, ‘Rape and Allied Offences: Some Questions of Substantive Law, Procedure and Evidence’ (Law Com No 84, 1980).

172nd Law Commission Report

Law Commission of India, ‘Review of Rape Laws’ (Law Com No 172, 2000).

[13] Moti Lal v State of MP 2008

[14] Krishna Kumar Malik v State of Haryana (2011) 7 SCC 130

[15] Santhosh Kumar Prasad v State of Bihar AIR 2020 SC 985

[16] Ravi v State of Maharashtra (2019) 9 SCC 622.

[17] XXX v State of Kerala (2024) KHC Online 692 (Kerala HC)

[18] Pancchi v State of UP 1998 SC 2726

[19] Verapal @ Titu v State (2024) DHC 2976

[20] A Double-Edged Sword? Reflections on the Development of the San Community of Botswana’ (2014) 5(20) Mediterranean Journal of Social Sciences.