Case Ruling- Police Have Authority To Take Action Against Women with False Accusation
The Kerala High Court granted bail to a man accused of sexual harassment, highlighting the increasing tendency to make false allegations against innocent individuals. Justice P. V. Kunhikrishnan stated that merely because the complainant is a woman, her version cannot be presumed to be the absolute truth.
The court emphasized that criminal investigations must consider both the complainant’s and the accused’s versions. It also warned that if the police have authority to find whether a woman has made a false accusation, so as to take action against her.
False Allegations and Their Impact
The court observed that false complaints can cause irreparable damage to an individual’s reputation, integrity, and social standing. It stressed that monetary compensation alone cannot undo such harm.
“The damage caused to a citizen because of false implication cannot be compensated by payment of money alone,” the court remarked.
It urged police officers to carefully evaluate cases before filing charge sheets, as courts are already burdened with cases involving serious legal and factual questions.
Role of Investigating Authorities
The court clarified that the police must investigate both sides of a case before filing charges. Courts do not conduct investigations, they only decide cases based on charge sheets submitted by the police. The court asserted that there cannot be any unilateral investigation of the case put up by the complainant alone, merely because the de facto complainant is a lady.
Background of the Case
The accused, a company manager, was booked under Section 75(1) (Sexual Harassment) of the Bharatiya Nyaya Sanhita (BNS). The complainant alleged that he grabbed her by the arms with sexual intent.
However, the accused argued that he had dismissed the complainant from her job due to inefficiency. He claimed that, on the day of her termination, she verbally abused him and his staff, threatening that they would “soon realize what she is capable of.” He had also filed a police complaint regarding her threats before she lodged her complaint.
Court’s Findings and Investigation Order
The court noted that the police had received the accused’s complaint before the complainant’s. It also reviewed an alleged audio conversation in which the complainant was heard making threats against the accused. It is observes that the police had failed to investigate the accused’s complaint. Hence, the court directed them to probe both the complaint and the audio evidence. It also instructed the police to take action against the complainant. This is if it was proven that she had filed a false case.
Conclusion
Granting bail to the accused with conditions, the Kerala High Court reiterated the need for fair investigations. The ruling underscores the importance of evaluating both parties’ claims in sexual harassment cases to prevent misuse of the law.
