Legal Question in Criminal Law in India


I have asked a similar question earlier but did not get any helpful response. So I am making the question more to the point this time not going into the actual incident in details that happened.Consider a girl put rape charges on a guy stating that they had conscentual sex several times and the guy had promised to marry her before that. Now 2 weeks had passed after all the incidents had happened and the guy refuses to marry her now. So she wants to put rape charges on him and wants to see him in prison for 20 years as per law. On the otherside the guy says they had sex but he never promised for marriage and neither she asked for it.There is no physical evidence of the two having sex as the girl did not report any such incident within 24 hours also there is no such evidence where it can be shown that the guy promised her on marriage(audio , video or witness in person).No injury marks was reported as well within 24 hours of having sex. The guy on the other hand says the girl use to ask from him money all the time and he had payed 20 to 30 k every month(in cash no evidence). Now she asked for 10 lakhs and threatened that if she did not get it in 10 days time she will put rape charges on him(again no video or audio evidence or witnesses). and he refused to pay so the girl is putting false allegations. Consider the guy to be telling truth for a while.My question is

1.If the guy can be put behind bars now based on just statement from the girl without any proof then does this not mean that we are in a law system which can be misused more rather than put to proper use and help the innocent?

Since the guy is a friend of mine whom I know well I made out he is telling truth from various incidents. There is no proof that the girl can show which says he promised to marry her or did forceful sex with her.

2.My second question is, ii there any law which can stop the guy from going into jail before anything is proved against him?

3. What punishment can the girl get if she is lying? What are the laws under which she can be booked?


Asked on 5/13/13, 12:42 pm

1 Answer from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

1. There is no fault in our legal system. A jail term awarded to an accused only after the court reach a conclusion that the offence in question was committed.

2. Yes, the boy may seek anticipatory bail from Sessions / High Court.

3. If the girl is found lying, she can be prosecuted for perjury.

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Answered on 5/15/13, 11:21 am

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