The Kerala High Court recently ruled that police officers can take legal action against women who falsely accuse men of sexual assault. The court emphasized that merely being a woman does not make the complainant’s version absolute truth and urged police to conduct thorough investigations before filing charge sheets.
Court’s Observations
While granting bail to a man accused of sexual harassment, Justice P. V. Kunhikrishnan remarked that false allegations are becoming common and that investigations must be fair to both parties. The court clarified that criminal investigations should not focus solely on the complainant but should also consider the accused’s version of events.
The judge assured police officers that they need not fear consequences for taking action against false claims, as long as their findings are correct and based on evidence. The court also urged investigators to carefully assess cases before submitting charge sheets, as courts cannot investigate but can only decide based on the charge sheets presented.
Case Background
The accused was a manager at a company where the complainant worked. She alleged that he grabbed her arms with sexual intent, leading to his arrest under Section 75(1) (Sexual Harassment) of the Bharatiya Nyaya Sanhita (BNS).
However, the accused claimed that he had dismissed the complainant due to poor performance. He alleged that on the day of her termination, she verbally abused him and other employees, threatening that they would “soon realize what she is capable of.” Fearing false allegations, he filed a police complaint before she lodged her case.
Court’s Decision
The court found that police had received the accused’s complaint before the complainant’s but had not investigated it. Additionally, an audio recording of the complainant allegedly making threats was presented as evidence. The court directed the police to examine both the accused’s complaint and the audio recording.
If it was found that the complainant had made false accusations, the court instructed the police to take action against her. The accused was granted bail under certain conditions.
Legal Implications
This ruling reinforces the importance of fair investigations and warns against the misuse of sexual assault laws. It highlights the judiciary’s role in ensuring justice for both complainants and the accused.
Case Title: Noushad K. v. State of Kerala and Another‘
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