Nakul Manuja.
A serious criminal allegation can cause anxiety about liberty, family life, social standing and professional reputation. A person who believes an allegation is false may feel pressure to react immediately, explain everything publicly or confront the person making the allegation. Such reactions can make a difficult situation more complicated. The sensible first steps are to remain calm, preserve relevant material and seek timely advice from a qualified criminal lawyer.
Advocate Nakul Manuja emphasises that every matter must be assessed on its own facts. An allegation is not proof of guilt, just as a denial does not by itself establish that a complaint is false. The investigation and court process must examine the available evidence, applicable law and circumstances fairly. Rights should be protected through lawful procedures, not through threats, pressure or public accusations.
Which Law Applies: Sections 354 and 376 IPC, and Sections 74 and 64 BNS
Section 354 of the Indian Penal Code (IPC) addressed assault or criminal force against a woman with the intention of outraging her modesty. Under the Bharatiya Nyaya Sanhita, 2023 (BNS), Section 74 addresses the corresponding offence.
Section 376 IPC dealt with punishment for rape, while Section 64 BNS deals with punishment for rape. The BNS came into force on 1 July 2024. The applicable provision depends on the date of the alleged act and the relevant legal rules. Therefore, the facts and the law applicable at the relevant time should be checked before any legal step is taken. The section number alone cannot determine the outcome of a case; the allegations, evidence and legal ingredients of the alleged offence all matter.
What Should a Person Do if an Allegation Is Made?
First, remain calm and avoid confrontation. Do not threaten or intimidate the complainant, publish accusations online or contact witnesses to influence their statements. Angry messages, repeated calls or public posts may create further legal complications and distract from the evidence.
Second, preserve relevant evidence. Keep original messages, emails, lawfully available call records, CCTV footage, travel or appointment records and other potentially relevant documents. Preserve complete conversations where possible instead of relying only on selected screenshots. Do not edit, delete, fabricate or manipulate any material. Since some digital records may be automatically overwritten, seek prompt legal advice about lawful preservation and requests for records.
Third, prepare a factual timeline while events are fresh in memory. Note dates, locations, conversations, people present and any relevant follow-up. Separate what you personally remember from what someone else told you. Do not guess, embellish details or coordinate accounts with other people. A clear chronology can help a lawyer identify what information is relevant and what further material may need to be preserved.
Fourth, respond appropriately if the police make contact. Ask for details of any notice or request and obtain legal advice about the proper response. Comply with lawful directions and do not obstruct the investigation. A complaint does not automatically mean that arrest will follow, but an official notice should never be ignored. Procedures concerning questioning, arrest and bail depend on the circumstances and applicable law.
Finally, keep all documents organised. Retain notices, orders, applications, bail papers and communications with your lawyer. Record hearing dates and comply with court directions. An organised file can help the lawyer respond accurately and within the required time.
Keep communications with your lawyer accurate and complete. Do not withhold information because it seems embarrassing or unhelpful; your lawyer needs the full picture to assess risks and advise properly. Do not attempt to access another person's account or obtain records unlawfully. The focus should remain on preserving material that is lawfully available and allowing the proper authorities to assess it.
Possible Legal Remedies and False Criminal Charges
The appropriate remedy depends on the evidence, the stage of the investigation and the specific legal issues involved. Depending on the circumstances, a lawyer may consider making a representation to the appropriate authority, assisting the person during investigation, seeking anticipatory bail where legally available, applying for regular bail after arrest, or challenging proceedings before the competent court. Quashing proceedings is an exceptional remedy and is not automatic simply because an accused person denies the allegation.
Section 248 of the BNS may be relevant where a person knowingly makes a false criminal charge with the intention of causing injury and the statutory requirements are met. Section 248(a) provides for imprisonment of up to five years, a fine of up to â¹2 lakh, or both, where its requirements are satisfied. Section 248(b) provides a higher punishment in specified cases involving false charges of offences punishable with death, life imprisonment or imprisonment for ten years or more.
These provisions must be approached carefully. An acquittal, discharge or closure of a case does not, by itself, establish that the complaint was knowingly false or malicious. Evidence, intention and the legal ingredients must be examined before considering any counter-action. A person should not use the possibility of a counter-case to threaten or silence someone who has approached the authorities.
What Have the Courts Said?
In Prashant Bharti v. State (NCT of Delhi), (2013) 9 SCC 293, the Supreme Court considered the material in a case involving allegations under several IPC provisions, including Sections 354 and 376, and quashed the proceedings on the facts before it. The decision illustrates that judicial intervention may be available where the material and legal circumstances justify it. It should not be treated as a general finding that complaints of this nature are false.
In Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608, the Supreme Court distinguished a promise of marriage allegedly made dishonestly from the outset from a genuine promise that is later not fulfilled. The facts, intention and legal requirements matter in each case.
These decisions underline the importance of careful, evidence-based judicial review. They do not mean that every unproved allegation was deliberately fabricated, nor do they reduce the need to investigate genuine complaints. Court decisions must be understood in the context of their facts and the legal questions actually decided.
A Balanced Approach to Justice
A person reporting sexual violence must be able to approach the authorities without intimidation, humiliation or pressure to withdraw a complaint. Genuine complainants deserve protection and a fair hearing. At the same time, an accused person is entitled to due process and a fair opportunity to answer the allegations. Both principles are essential to the rule of law.
Public discussion should not replace an investigation or trial. Publishing names, private messages or allegations online can affect privacy, complicate proceedings and create separate legal issues. Relevant evidence should be provided through the appropriate legal process, and confidentiality should be respected wherever required.
The appropriate course is to avoid assumptions, preserve evidence lawfully, obtain prompt legal advice and allow the investigation and courts to determine the facts. No one should attempt to resolve a criminal case through threats, pressure, public shaming or fabricated material.
A Message to the Public
If you face a serious criminal allegation, do not take matters into your own hands. Understand which IPC or BNS provision may apply, preserve relevant evidence lawfully, comply with lawful directions and consult a qualified criminal lawyer. If you believe a charge has been deliberately fabricated, discuss the available evidence and possible legal remedies with your lawyer rather than making unsupported counter-allegations.
Justice requires the protection of genuine victims, accountability for offenders and a fair process for every accused person. Decisions should be based on evidence, applicable law and a fair investigation. A calm, lawful and evidence-focused response is usually more constructive than a rushed public reaction.
Advocate Nakul Manuja
Nakul Manuja & Associates
Advocate, Delhi High Court and Supreme Court of India
