Fake Rape Case

The accessible complaint lodging mechanism has also given way for false accusations being filed against innocent people for varying interests. The blames may differ but the number of false rape cases is presently on the rise. Here is a few things we should be aware about filing false rape cases in the police station:

  1. Exemption: Accusers do not get a sentence for only lodging false complaints but they may have to bear fees. They may face sentences if the case reaches the court and they produce forged evidence or give false statements.
  2. Punishment: There are provisions of charging financial penalties against the people that accuse falsely which vary according to the different and special Acts of Nepal. The fine may range from five hundred to five thousand rupees.
  3. Evidence: Since the victim’s statement is taken as the most reliable evidence in rape cases, one should be mindful of having a clear proof of consent. 
  4. Plea of Alibi: The falsely accused will be free from the accusation more easily if they can come up with a solid alibi for the timeframe when they have been accused of committing the alleged crime.
  5. Relief: The falsely accused may file a complaint under the National Criminal (Code) Act 2074.

Following are the relevant provisions in the legal context concerning the procedure post the filing of fake rape cases in Nepal:

 

The National Criminal Procedure (Code) Act 2074 (2017)

Section 44

Exemption from sentence for making allegation or complaint

The National Criminal (Code) Act 2074 (2017)

Section 118

Prohibition on insulting, defaming or harassing others

Comments