Kerala High Court: Police Can Act Against Women Filing False Sexual Assault Cases
The Kerala High Court has ruled that police officers can fearlessly take action against women who file false sexual assault complaints against innocent men. The Court made this observation while granting bail to a man accused of sexual harassment.
Justice P. V. Kunhikrishnan said that today there is a growing trend of making false sexual assault allegations. He stressed that being a woman does not mean her statement is automatically true. Criminal investigations, he added, must examine the version of both the complainant and the accused.
False Allegations Must Be Investigated
The Court observed that if police find during investigation that a woman has made a false allegation, they are free to take legal action against her. Officers, the Court assured, should not fear backlash for taking such action if their findings are correct, as the law will protect them.
It also reminded police officers to carefully examine evidence before filing charge sheets. Courts, the judge said, can only decide based on the charge sheet submitted, while investigation is the duty of the police.
Case Background
The case involved a company manager accused under Section 75(1) of the Bharatiya Nyaya Sanhita (BNS) for allegedly grabbing a female employee with sexual intent. The accused argued that he had dismissed the complainant due to poor performance, after which she threatened him and other staff.
The Court noted that the accused had filed a police complaint before the complainant submitted her allegation. It also considered an audio recording where the complainant allegedly threatened the accused. However, the police had not investigated the manager’s complaint.
The Court directed officers to examine the audio and the complaint thoroughly. It further stated that if the woman’s allegation is found false, action must be taken against her.
Based on these findings, the High Court granted bail to the accused with conditions.
Case Title: Noushad K. v. State of Kerala and Another
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