Criminal Defenses & Legal Remedies available against False Accusation of Rape during a Live-in Relationships | Criminal Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR |

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“Fake accusation of rape during a live-in relationship has become very common these days. Further, it becomes difficult to obtain bail and the arrest of the alleged accused is imminent as rape is a non-bailable and non-compoundable offense as per the Indian Penal Code IPC of 1860. Further, there are only a few criminal defenses available to the alleged accused and medical evidence plays a very important role in tendering the defense evidence in Court. Thus, a legal advice from the best criminal lawyer or criminal defense lawyer is necessary.”

With the changing mindset of Indian society, Live-in relationships are now being accepted. More and more adults are indulging in the practice of live-in relationships. But every new societal change has its own devastating effect on society. In this article, we focus on the False Accusation of Rape during a Live-in Relationships and Legal Remedies available against those False Accusations.

Criminal Defenses & Legal Remedies available against False Accusation of Rape during a Live-in Relationships

1. Consensual Physical Relationship cannot be termed as Rape:- In case of false accusation of rape after the accused and complainant had consensual sex in live-in relationship, the legal remedy available to the accused is to prove that it is the case of sexual intercourse with the consent of the complainant. The accused have to prove that the consent of the complainant was not obtained in fear of death or of hurt and the consent was not given on account of the fact that the accused was another man to whom she believed to be lawfully married and the consent was not given due to unsoundness of mind or intoxication.
2. No Misconception of Fact is Present while giving Consent:- In case the complainant alleged that she had given consent to sexual intercourse with the accused with whom she was deeply in love, on a promise that he would marry her on a later date and for now they are in live-in relationship, then also it would not amount to rape. The consent is not given under misconception of fact that the accused would marry the complainant in future as a false promise is not a “fact” within the meaning of Indian Penal Code. So, the said act does not come within the ambit of Section 375 of Indian Penal Code which defines “Rape”.
3. Complaint of False Rape Allegations Filed out of Revenge and with the Object to Humiliate the Accused:- In case of false rape allegations against the accused by the complainant, it can be argued by the accused that the allegations are false and made with the intention to take revenge and with the intention to humiliate the accused because of failed live-in relationship and feeling of bitterness on the part of complainant. In most of the cases, after the failure of relationships the feeling of vengeance occurs. So, it can be case that the complaint of rape allegations is false and filed out of revenge.
4. No Communication Regarding Fear in the Mind of Prosecutrix and Participation in the Consensual Sexual Act:- The accused can argue that he does not have the knowledge about the fear in the mind of prosecutrix as no communication was made regarding the fear in mind of prosecutrix at time of having sexual intercourse and also participation was there as she feigned orgasm as to end the ordeal. That means that she was okay with it and participated in the sexual intercourse.
5. The Degree of Relationship between Man and Woman:- In a live-in relationship, both the man and woman live as husband and wife. The degree of relationship between man and woman is a significant factor and it can be used as legal remedy against the false allegation of rape that the closeness of a relationship tends to invalidate a rape accusation.
6. Habitual Act by Prosecutrix of False Allegation with Sole Intention to Extort Money:- The accused can argue that the false allegations are implicated by the complainant with the sole motive to extort the money by the accused after having consensual sex with the accused during the live-in relationships. The accused can prove that the complainant is habitual and the same act has been done by the complainant in the past and she does it only to extort the money.
7. Lack of Resistance:- The Court has drawn a distinction between rape and consensual sex. When the couple indulged in sexual intercourse and the woman did not raise any objection at that stage and made no complaints to anyone and voluntarily became intimate with the accused. The Court considers that the physical relationship between the parties had clearly developed with the consent of the complainant as there was neither a case of any resistance nor had she raised any complaint at any time during live-in relationship. So, the lack of resistance become a proof that the sexual intercourse was consensual and not a rape committed by the accused as alleged by the complainant.
8. Medical Evidences:- The best legal remedy available against the false accusation of rape during live-in relationship is medical examination. If the women put the blame by arguing that she was intoxicated or drugged by the accused then in medical reports of the complainant it would be clear that the accusation of the complainant is false and she is lying.
9. Live-in Relationship Deed Signed by Accused and Complainant:- Before entering into a live-in relationship, many couples make a deed of live-in relationship which explicitly point out the liberty and responsibilities of couple during the liv-in relationship and after the live-in relationship and that can be used as legal remedy by the accused in case of False Rape Allegations by the complainant.
10. Inconsistent statements given by the Prosecutrix:- When a prosecutrix makes two inconsistent statements in her testimony, the testimony of such prosecutrix becomes unreliable and unworthy of credence and no conviction can be made on the basis of such testimony. It can be used as a legal remedy by the accused.
11. Delay in Filing of FIR not Satisfactory:- If there is delay in filing of FIR and that delay is not satisfactory or explained, it can be conferred that the complaint made by the prosecutrix is concocted and unreliable as it suffers from various contradictions and inconsistencies. It is the duty of the court to test the veracity of the prosecution story as the delay in FIR is unexplained and hence, the story of the complainant becomes unreliable.

Case Laws on False Allegation of Rape during Live-in Relationship
Mahmood Frooqui v. State (Govt. of NCT of Delhi)[ (2017)243 DLT 310]:- The facts of the case were as such that the prosecutrix has become familiar with the accused and one day when she went to meet the accused, he raped her and because she was afraid of accused she feigned orgasm. The Hon’ble Supreme Court held that the act of feigning orgasm by prosecutrix shows her participation in the sexual intercourse and no communication regarding fear in the mind of prosecutrix was made. Therefore, the accused had no opportunity to know that there was an element of fear in her mind.

Alok Kumar v. State [2015 SCC Online DEL 9470]:- In this case the complainant was divorced and got familiar with the accused. They started indulging into sexual intercourse but after sometime when the complainant got to know about the wife of the accused, the accused assaulted her and then she reported it. The Hon’ble Supreme Court held that the FIR should be quashed to prevent the misuse of the criminal justice system for personal vengeance of a partner of ‘live-in relationship’.

Deepak Gulati v. State of Haryana [(2013)7 SCC 675]:- In this case the prosecutrix was major and had sexual intercourse with the accused and also cohabitated with him for over a period of time. The Hon’ble Supreme Court held that “the complainant is major and mature to know what she is consenting to, as there’s neither a case of resistance nor she had complained anywhere at any time despite the fact she had travelled with the accused from time to time. It is not possible to comprehend the circumstances in which a charge of rape can be levelled against the accused”.

Shashi Chaudhary v. Ram Kumar and anr[2011 (1) JCC 520]:- The Hon’ble Delhi High Court in this case observed that there is no explanation given by the prosecutrix for her not making hue and cry, when the alleged offence took place, nor is there any explanation for failure on her part to lodge the complaint or for that matter within a reasonable time of incident. This is a factor to be considered.

Rape cases are very difficult to handle and requires a lot of expertise. Further, obtaining anticipatory bail or even regular bail is also very challenging. Further, there are a very few criminal defenses available to the alleged accused and winning the criminal case becomes very challenging.

It is common that some live-in relationships end on bad terms. In some cases the result of failure of live-in relationship come out as false rape allegation made by the woman against the accused, but there are also legal remedies available against these false allegations. A consensual sex cannot be termed as rape and the complaints on such basis cannot attract the penal provision of offence of Rape.
Authored By: Adv. Anant Sharma & Anjali Swami