HOW TO HANDLE FALSE CHARGES OF SECTION 376 OF IPC ALONG WITH SECTION 498A

INTRODUCTION

Section 376 of IPC provides punishment for committing the offence of Rape. Whereas, section 498A talks about Cruelty by husband or Relatives of the husband.  Section 498A talks if a woman is ill-treated by her in-laws and they make demands of the dowry from her. In such cases, the in-laws and husband of the woman are liable to punishment.

In our daily life, we witness various kinds of violence. Someone experiences it physically, mentally, and in different ways.  The violence that affects a person domestically, in his house,  Domestic Violence.

India also has identified Domestic Violence as a crime, but unfortunately, that gives relief only to women. There is no such provision in law to protect a man. Because of this, women misuse their rights and make false complaints against their husbands and their family members intending to harass them.

Section 498A is that weapon, a woman uses to attack her husband and his parents and relatives for making an unlawful demand of dowry and cruelty, whereas Section-376 talks about rape, in which it is very hard to get bail. Even if the complaint is false, I presume the accused to be guilty until he proves his innocence in the court.

There are two ways to come out of this situation of false charges:

1. Either defend your case and wait till judgment
2. File a counter case against your wife.

You can also opt for any of the two ways available, either a defensive manner or offensive manner.

DEFENSIVE MANNER

• Collect Shreds of evidence- You can collect pieces of evidence like (Chats, Calls, Letters, and anything else).

1. Prove that she has moved out of the bond of marriage with no valid reason.
2. Prove that they committed neither demand for dowry nor Rape. Get her MLCs done.

Apart from these, a man can apply for an anticipatory bail or notice of bail, to prevent his family from going behind the bars with no valid reason.

• A complaint about Blackmailing, false allegations

You can lodge a complaint to your nearest police station giving details of threats and blackmailing and her bad behavior. Women use 376 against the male members of the family, which is a crime with a punishment of imprisonment for life. Just because of false and fabricated cases of Rape, actual victims lack justice.

• It is advisable to engage a lawyer in such matters.
• You can also file (RCR) Right of Conjugal Rights- mentioning the conditions, she should agree on before she lives with you again.
• Enter none kind of settlement with your wife or any other woman. This could be her trick to make money from you and showing it as a proof you gave a bribe to her.
• Raise False Complaint by writing letters to the Human Rights Organization.

OFFENSIVE MANNER

You can file counter cases against your wife on the following Grounds:

1. Section 120B of IPC– Punishment of Criminal Conspiracy, that your alleged wife conspired a crime against you and your family.
2. Section 182 of IPC– False Information, with intent to cause a public servant to use his lawful powers to cause injury to any other person.

Where she gave false information to the public servant intending to cause injury to others.

• Section 191 of IPC– Giving False Evidence

3. Section 197 of IPC– Issuing or signing a false certificate, such document which she knew is false and signing it and forwarding it in courts.
4. Section-499/500 of IPC– Punishment for Defamation, such an act that causes or defames the image, reputation of the person in society.

Even when false allegations are filed against you, you can file counter cases on your wife on the following grounds. As there is no such statutory provision of “Marital Rape” in India, the main onus or focus of the case will be on Section 498A that is a wrongful demand of Dowry.

Though, filing false complaints is also a crime. There are provisions in IPC that penalize the person who falsely implicates others.

ALSO READ: SECTION 498A, INDIAN PENAL CODE: AN OVERVIEW 

Following Provisions of law could help you in handling such false allegations.

Section-182 of IPC: False information, with intent to cause a public servant to use his lawful powers to cause injury to any other person.

When a person gives any false information to any public servant with an intention of using his lawful powers to cause injury to any other person, becomes liable to punishment with imprisonment of either description for a term which may extend to a term of two months and a fine up to one thousand rupees or with both.

Section- 191 &192 of IPC: Giving False Evidence and Fabricating False Evidence

Section 191  and 192 provide provisions of punishment for giving false evidence. When any person is legally entitled by an oath and makes any statement which is not true and he knows it & whoever makes an entry in a book or record, containing a false statement got before a judicial proceeding to support the false evidence is fabricating the false evidence.

Section- 193 of IPC: Punishment for False Evidence

Punishment for giving and fabricating false evidence shall be a term which may extend up to 7 years and fine where the false evidence was being used in any stage of a Judicial Proceeding. And, in any other case, shall be imprisonment for 3 years and also liable to fine.

Section-195 of IPC: This section talks about giving or fabricating evidence intending to cause conviction of an offence punishable with imprisonment for life. If a person gives false evidence, he would be liable to get the same term of imprisonment as the person convicted of that offence.

Section-499/500 of IPC: section 499 talks about defamation, such acts that cause or harm somebody’s reputation in society. Any person who defames another with an intention of lowering his reputation or image in the society shall be liable for imprisonment for a term which may extend to 2 years, or with fine, or with both.

Section 340 of CrPc: States that there are two conditions subject to which they can file a complaint against a person who has given false evidence:

1. A person has given false evidence/ false affidavits before a court in a proceeding.
2. It is necessary to inquire about such a person in relation to the offence committed by him.

More to these provisions, false dowry charges also lead to the basic ground of divorce. The husband can also file for divorce from the wife based on false allegations imposed on him.

CONCLUSION

Although Section 376 and Section 498A holds a very important role in our society. It somehow works as a “BRAHMASTRAS” for some women who falsely implicate their husband and his family members in wrong cases. But the aggrieved husband and his family members can follow the above-mentioned measures to handle such a situation.

Adv. Khanak Sharma