When discussing the broad definition of rape, the Britannica Encyclopedia defines it as an illegal sexual activity, most frequently involving sexual relations, carried out against the will of the victim by force or threat of force, or with a person who is incapable of providing legal consent due to their status as a minor, a mental illness, a mental deficiency, intoxication, unconsciousness, or deception.

Every country has its interpretation of the term rape but the only thing common in all these countries is that Rape as an act is considered to be a legal and a punishable offence.

Interpretation Of Rape As An Offence In Indian:
The definition of rape in Indian is talked about in the Sections 375 (now section 63 of the Bharatiya Nyaya Sanhita) and section 376 of the IPC (1860)[1]. Section 375 talks about the concept of rape as a sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped or is of unsound mental health and in any case if she is under 18 years of age while section 376 talks about the punishment awarded to the convicted offender.

All the activities are to be considered as rape if it is done:

1. Against her wishes (typically in the case of women).
2. Without her permission or assent.
3. With her permission, provided that it was acquired by making her or anybody else she is interested in fearing harm or death.
4. With her permission, if the man is aware that she does not consider him to be her spouse and that she is giving her consent because she thinks she is or was legally married to another man.
5. With her permission, in cases where she is unable to comprehend the nature and ramifications of what she is consenting to at the time due to mental illness, drunkenness, or the administration of any stupefying or unwholesome drug by him or via another person.
6. While she is younger than sixteen, whether with or without her permission. Justification: Penetration is enough to qualify as the sexual contact required for the commission of the rape offense.

False Rape Allegations - A Tool Misused:

False rape allegations refer to the act of charging a false or baseless police report or a complaint by the victim against another person without any burden of proof. Since the laws in India are generally not gender-neutral, this provision of Section 375 of the Criminal Code of India (i.e. IPC) is tremendously misused.

The idea of false rape allegations or false sexual assault allegations can broadly be classified under 2 types by the Criminal justice and sexual violence authorities, these are:

1. Intentional filing of the complaint [2] The majority of false rape or sexual assault allegation cases are those wherein a person in their full senses lies about being the victim of any type of sexual assault. The misuse of the provisions by falsely reporting the matter can further lead to criminal prosecution of an innocent person in sexual assault cases, resulting in damaging the reputation and character associated with the person in society.
Focusing on the psychological element of the person, there can be several reasons as to why a person may file a false rape or sexual assault case. Some of the reasons based upon the psychology of the alleged victims are listed below:
• With the intention of taking revenge
• Any kind of financial gain
• Fabricating a defense
• The reasons for expressing remorse
• Generating compassion
• Drawing attention
• Expressing wrath, denying a consenting sexual encounter, or any type of mental illness
As a result, there are both criminal and civil repercussions for falsely accusing someone who is innocent of rape or sexual misconduct. A person who has been wrongfully accused may also file a lawsuit for false allegations. A person may face consequences if they report a sexual assault or rape to the police with a purposefully false allegation. However, since it wastes precious resources and time, law enforcement and prosecutors are not taking false criminal complaints seriously, which is the major issue surrounding false claims.
 
2. False/ fading memory [3] Sometimes, due to false or fading memory, women generally provide false and misleading stories as evidence regarding the actions of the accused. Since these accounts are not backed up by efficient witnesses and are not always true in a complete sense, these false stories often result in blaming an innocent individual for a heinous act not done by him. There have been several instances of these false stories being made by women in India.

Trends Of False Rape Allegations In India:

Analyzing the recent trend of the admission of false sexual assault cases in India, around 74%[4] of rape cases end up being fake or falsely admitted by the victim. This statistical report published by the Crime Record Department (i.e. NCRB) talks about these cases at the national level with each state having its record. Focusing on the arguments made by the DGP of Rajasthan Police department Umesh Mishra dated back to January 2023 states that about 41% of the rape cases registered in the concerned state are false. This shows the rising trends in the misuse of the provision.

Also in the year 2022, there was a total increase of around 68% in the proceedings against those who got falsely accused as compared to the year 2021.

The main reason as to why women in India provide false information regarding the rape cases is due to the family pressures. The mindset of the majority Indian being backward and orthodox forces women to falsely accuse an innocent person resulting in the humiliation of the innocent soul. This practice of false accusation in India started with the coming up of the "#METOO" movement around late 2018.

The severity of the false cases filed by women in India can be further understood by stating several examples, there are:

1. Over the course of 6 years, a girl from Jabalpur, Madhya Pradesh, filed approximately 6 false rape case accusations against a total of 6 different men in the city. She first accused a man of rape, got married to him, and then filed new rape, domestic abuse, and dowry accusations against him. Following this, she filed 4 more rape charges against 4 separate males between July 2021 and July 2022.[5]
    
2. In the case of Atender Yadav vs. Govt. of Delhi in 2013[6], as a result of her mother's influence, the alleged victim submitted a false complaint against the innocent victim, serving as her tutor and command.
    
3. In the case of Gurmail Singh vs. State of Punjab in 2022[7], the petitioner had just made a hazy threat to implicate the respondent in a bogus rape case. According to the attorney, there had been no overt conduct mentioned in the FIR. If an FIR is filed based on these accusations, it would be quite simple for someone to accuse another person with nebulous claims, especially if there has previously been animosity between the parties.
    
4. In another case filed by a 19-year-old girl in Indore, the girl was allegedly gang-raped, kidnapped, and attempted murder. When the case unfolded, around 1500 CCTV footage were checked along with several scientific evidences. Eventually, the authorities concluded that the girl's accusations were unfounded and conflicting. [8]

Closely analysing these above-stated cases, we can see how often the legal machinery is molded and misinterpreted by some people in society who show no sort of mercy towards the mental and emotional aspect of the person they accuse of in these serious crimes. These allegations can permanently scar the life of the man resulting in mental trauma. Focusing on the results of these allegations can have serious effects on the lives of innocent people.

In August 2022, a mid aged man of around 30 years from Gurugram died by committing suicide as he was charged under a false rape case[9]. This is just one such incident!

Conclusion
The gender- based bias as to how the police and the judicial administration interpret rape cases throughout the world is the root cause of the fact that false cases are still admissible, not only in India but also around the world. Making the investigation less biased and more gender- neutral can help in reducing the ever- growing trend of these misstated cases.

Moreover, the legal framework, particularly of India, majorly being women-centric should be made much more gender neutral where the plea of both parties is taken into consideration (i.e. Audi alteram partem) before formulating any decision or verdict, putting main emphasis on the phrase "there are always 2 sides to a story". At last, justice should be made easily available to everyone be it the victim or the accused, be it a man or a woman, because "justice delayed is justice denied".

End Notes:

1. Standard B, What Is Section 375 IPC, Section 375 News, Section 375 Amendment, Section 375 Punishment (Business Standard)
   https://www.business-standard.com/about/what-is-section-375 accessed 3 April 2024
2. False Allegations of Rape & Sexual Assault: Why Do People Lie? (Houston DWI Defense & Criminal Defense Matthew Sharp, 18 May 2023)
   https://sharpcriminalattorney.com/sex-crimes-defense/false-accusation-cases-reasons/ accessed 3 April 2024
3. ibid
4. Azhar Ahmad Khan, Case Study on False Rape Allegation in India (The Amikus Qriae, 6 February 2024)
   https://theamikusqriae.com/case-study-on-false-rape-allegation-in-india/#_ftn4 accessed 4 April 2024
5. Ritu and Ridhi, Madhya Pradesh High Court Denies Bail to Woman Accused of Extortion and Filing False Rape Cases against Multiple Men (SCC Times, 4 April 2024)
   https://www.scconline.com/blog/post/2024/04/04/madhya-pradesh-high-court-denies-bail-to-woman-accused-of-filing-false-rape-cases-against-multiple-men-scc-times/ accessed 4 April 2024
6. Atender Yadav vs State Govt Of Nct Of Delhi [2010] Crl.A. 1340
7. Gurmail Singh vs State Of Punjab And Anr [2022]
8. Bobins Abraham, Indore Girl Who Claimed She Was Abducted, Gang-Raped, Stabbed, to Be Booked for False Complaint (IndiaTimes, 21 January 2021)
   https://www.indiatimes.com/news/india/indore-girl-who-claimed-she-was-abducted-gang-raped-stabbed-to-be-booked-for-false-complaint-532514.html accessed 4 April 2024
9. Bagish Jha, Framed in Fake Rape Case , 30-Yr-Old Dies by Suicide (The Times of India)
   https://timesofindia.indiatimes.com/city/gurgaon/framed-in-fake-rape-case-30-yr-old-dies-by-suicide/articleshow/93442362.cms accessed 4 April 2024