False Rape Allegations and Misuse of Section 376 of the Indian Penal Code: A Critical Legal Analysis

Shivya, Shivya lakshmi and Mano Karthick, Mano Karthick (2026) False Rape Allegations and Misuse of Section 376 of the Indian Penal Code: A Critical Legal Analysis. INTERNATIONAL JOURNAL OF LAW MANAGEMENT & HUMANITIES, 9. pp. 3426-3435. ISSN 2581-5369

[thumbnail of V090226-11871 (1).pdf] Image
V090226-11871 (1).pdf - Published Version

Download (208kB)
Official URL: https://ijlmh.com/

Abstract

Rape laws in India are designed to protect the dignity, bodily integrity, and fundamental rights of individuals, particularly women, and to provide stringent punishment for offenders under Section 376 of the Indian Penal Code (IPC). These provisions play a vital role in addressing sexual violence and ensuring justice for victims. However, in recent years, concerns have emerged regarding the alleged misuse of rape laws through false or exaggerated complaints. Such instances have generated significant legal and social debate, raising questions about due process, fairness, and the credibility of the criminal justice system.
This research critically examines the issue of false rape allegations within the framework of Indian criminal law. It analyses the legal provisions governing rape, relevant constitutional principles, and judicial interpretations dealing with consent, evidentiary standards, and the burden of proof. The study adopts a doctrinal research methodology, relying on primary sources such as statutes and case law, along with secondary sources including legal commentaries, journal articles, and law commission reports.
The research further explores the challenges faced in distinguishing genuine complaints from false allegations, particularly in cases involving interpersonal relationships, delayed reporting, and lack of corroborative evidence. It also evaluates the impact of misuse claims on victims, accused persons, and society at large, highlighting how such narratives may influence reporting behaviour and public perception.
The study concludes that while strict rape laws are essential for safeguarding victims and deterring crime, it is equally important to ensure procedural fairness and protection against wrongful prosecution. It emphasizes the need for balanced legal reforms, improved investigation processes, and judicial sensitivity to uphold both gender justice and the principles of natural justice.

Item Type: Article
Subjects: Legal Studies > Criminal Law
Domains: Legal Studies
Depositing User: Mr IR Admin
Date Deposited: 13 May 2026 06:28
Last Modified: 13 May 2026 08:48
URI: https://ir.vistas.ac.in/id/eprint/16025

Actions (login required)

View Item
View Item