False Rape Allegations and Misuse of Section 376 of the Indian Penal Code: A Critical Legal Analysis

  • G. Mano Karthik and M. Shivya Lakshmi
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  • G. Mano Karthik

    Student at Vels Institute of Science, Technology & Advanced Studies, Chennai, Tamil Nadu, India

  • M. Shivya Lakshmi

    Assistant Professor at Vels Institute of Science, Technology & Advanced Studies, Chennai, Tamil Nadu, India

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Abstract

This paper presents a critical legal analysis of false rape allegations and the alleged misuse of Section 376 of the Indian Penal Code (IPC). While Section 376 and related provisions, strengthened by the Criminal Law (Amendment) Act, 2013, aim to protect victims of sexual violence and uphold constitutional values of dignity, equality, and justice, concerns have arisen regarding false or exaggerated complaints, particularly in cases involving consensual relationships, promises of marriage, delayed reporting, and lack of corroborative evidence. Employing a doctrinal research methodology, the study analyses primary sources including statutes (IPC Sections 375 and 376, CrPC, and Indian Evidence Act), landmark judicial decisions such as Tukaram v. State of Maharashtra (Mathura case) which prompted the 1983 reforms, and recent Supreme Court rulings like Deepak Gulati v. State of Haryana, Pramod Suryabhan Pawar v. State of Maharashtra, and Dr. Dhruvaram Murlidhar Sonar v. State of Maharashtra on the interpretation of consent. It also reviews secondary sources such as legal commentaries and Law Commission reports. The research highlights the tension between robust victim protection and the rights of the accused, noting that while false allegations are relatively rare, they result in wrongful prosecution, reputational harm, and erosion of public trust. Conversely, excessive focus on misuse may undermine genuine victims. Key gaps identified include the absence of specific statutory provisions for malicious complaints, inconsistencies in judicial interpretation of consent, and insufficient early-stage procedural safeguards. The study advocates for balanced legal reforms, enhanced investigative procedures, clearer evidentiary standards, and greater judicial sensitivity to ensure both gender justice and adherence to principles of natural justice and due process.

Keywords

  • False rape case

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 3426 - 3435

DOI: https://doij.org/10.10000/IJLMH.1111872

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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