Police Can Fearlessly Take Action Against Women Implicating Innocent Men In False Sexual Assault Cases: Kerala High Court

Post By 24law
February 28, 2025

Pranav B Prem

The Kerala High Court has observed that the police can take legal action against women who falsely implicate innocent men in sexual assault cases. The Court emphasized that merely because the complainant is a woman, her version cannot be presumed to be the gospel truth and that police officers must investigate the claims of both parties before filing charge sheets.

Court’s Observations on False Allegations

While granting bail to a man accused of sexual harassment under Section 75(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, Justice P.V. Kunhikrishnan stated: “Investigation of a criminal case means investigation of the case of the complainant and the accused. There cannot be any unilateral investigation of the case put up by the complainant alone. Merely because the de facto complainant is a lady, there is no presumption that, in all cases, her versions are gospel truth, and the police can proceed based on her statement without considering the case of the accused.”

The Court further held that if, during an investigation, the police find that a woman has made false allegations of sexual assault, they can take legal action against her. The judgment sought to reassure police officers that they need not fear repercussions for taking such action: “If the police find that the allegations of such women against men are false, they can very well take action against the complainants also. The law permits the same. But some of the police officers are not ready to take such action, apprehending that it will backfire on them. No such apprehension is necessary. The court will take care of the interest of such officers if their findings are correct.”

Concerns Over False Complaints

The Court acknowledged that false complaints could ruin a person’s reputation, stating: “The damage caused to a citizen because of false implication cannot be compensated by payment of money alone. His integrity, position in society, reputation, etc., can be ruined by a single false complaint.” It also reminded the police that they should carefully evaluate cases before filing charge sheets: “The investigating authorities should think twice before registering and filing charge sheets in such cases. The court is burdened with several cases in which serious questions of law and facts are involved. Hence, it is the duty of the police to separate the chaff from the grain before submitting final reports in criminal cases.”

Case Background

The case involved a company manager who was accused of sexually harassing a female employee by grabbing her arms with sexual intent. The accused filed a bail application before the Kerala High Court, asserting that the complaint was false and motivated by his decision to terminate the complainant’s employment due to inefficiency. The accused further alleged that on the day of her dismissal, the complainant verbally abused him and other staff members and threatened that “they would soon realize what she is capable of.” In response, the accused had filed a complaint against her with the police before she filed the sexual harassment complaint against him.

Discrepancies in the Investigation

The Court noted that the accused’s complaint was received before the complainant’s FIR was filed. It also took into account an alleged audio conversation in which the complainant was heard threatening the accused. However, the police had not investigated the accused’s complaint. The Court held that the investigating officer should have considered both complaints before taking action: “Simply because a lady filed a complaint, the Investigating Officer cannot blindly accept the same and proceed against the accused. The genuineness of the statement of the de facto complainant can be verified easily by the Investigating Officer during the course of the investigation.”

Directions to the Police

The Court directed the police to thoroughly investigate the accused’s complaint and the audio recording and to take appropriate legal action if it was found that the complainant had filed a false case: “The Investigating Officer will conduct a thorough investigation based on this and take appropriate action in accordance with the law.”

Bail Granted With Conditions

After considering the evidence, the Court granted bail to the accused, imposing the following conditions:

The accused must appear before the investigating officer within two weeks and undergo interrogation.

If arrested, the accused shall be released on bail upon executing a bond of Rs. 50,000 with two solvent sureties.

The accused must cooperate with the investigation and refrain from tampering with evidence or influencing witnesses.

The accused must not commit a similar offense while out on bail.

The accused must submit the alleged audio recording and his prior complaint to the investigating officer for further investigation.

The Court made it clear that its observations were limited to the bail application and that the investigating officer was free to proceed with the case based on the final findings.