False Accusation And Men – Pilloried Innocence

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Desikan GV
Published On: 31/08/2022
Volume: 8
Issue: 4
First Page: 177
Last Page: 189
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

DOI: doi.org/10.55662/JLSR.2022.8405

Cite this Article

Desikan GV, False Accusation and Men – Pilloried Innocence, Volume 8 Issue 4, Journal of Legal Studies & Research, 177-189, Published on 31/08/2022, doi.org/10.55662/JLSR.2022.8405 Available at https://jlsr.thelawbrigade.com/article/false-accusation-and-men-pilloried-innocence/

Abstract

Any person, irrespective of the gender, may be falsely indicted of spurious charges. However, there are certain charges that accuses only the men folks. Such charges correspond to grievous offences related to sexual violence and has the potential of ruining the accused’s future, if convicted or if the case remains open for longer duration. In its introduction, this paper discusses various legal provisions that applies specifically against men and provides an overview of statistics related to false accusation in India. Considering the victim’s view point as well, this paper discusses the flip side to establish a justification on the need for an unbiased view on the issue at hand. Referring to various instances of false accusations proven in the court of law, this paper provides the insights of various authors on the reasons behind false accusations. Intent based classification of the offence and an outline of subjective and objective gratifications are also discussed in this paper. Certain distinctive traits of habitual false accusers are explained in this paper. This paper spells out the hardship endured by those who are falsely accused of sexual violence and suggests measures in line with the 192nd Law Commission Report and recommendations of various other authors and experts to moving the system forward towards the standards and ideals. In the final part, the possible subjugation through out of court or out of police system settlements are discussed which is followed by a concluding note placing a request to the lawmakers for bringing in the necessary changes as advocated and referenced in this paper.

Keywords: False Accusation, Vexatious Litigation, Unlawful Conviction, Malicious Prosecution, Fabricated Charges

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