A person who is wrongly accused of rape or sexual harassment can face anxieties and trouble for no fault of them.
In this brief article, we will examine the remedies for such individuals under Bharatiya Nyaya Sanhita (BNS), which is the new criminal law of India:
- Section 217 of the BNS says that if someone makes a false claim to the police to get another person in trouble, they can go to jail for up to 1 year or pay a fine or both.
- Section 216 of the BNS says that if someone makes a false claim in court, knowing it is a lie, they can go to jail for up to three years and pay a fine.
- Section 229(1) of the BNS says that if someone gives false evidence against someone in the court of law, they can face imprisonment for up to seven years and pay a fine of maximum 10,000 INR.
- Section 356 of the BNS says that if someone says or writes something defamatory about another person, to damage their reputation, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both or with community service.
- The affected person who is wrongly accused of rape or sexual harassment can also sue the accuser for compensation under civil law for defamation, malicious prosecution, and mental pain .
- A person who is wrongly accused of rape or sexual harassment can also approach the High Court to quash the FIR or the charge sheet under section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, if there is no good evidence against them or if the complaint was filed too late .
- The affected person can also approach the Supreme Court if the High Court does not provide the relief of quashing the FIR or the charge sheet. A Special Leave Petition can be filed in Supreme Court under Article 136 of Indian Constitution.
These are some of the legal ways to help a person who is wrongly accused of rape or sexual harassment under the Bharatiya Nyaya Sanhita.
Remedies under Bharatiya Nyaya Sanhita (BNS) if a woman falsely accuses a man of the offence of rape or sexual harassment
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