On 24th February, the Kerala High Court cautioned the police against conducting unilateral investigations in sexual assault cases solely based on the complaint of a woman. The court highlighted the potential for false implications and irreversible damage to the reputation of the accused in such cases.
The court, presided over by Justice PV Kunhikrishnan, was hearing the bail matter in Noushad K vs State of Kerala case, and Justice Kunhikrishnan observed that the police must investigate the claims made by both the complainant and the accused instead of treating the woman’s statement as the gospel truth.
Police must assess all evidence
In the judgment, the court asserted that law enforcement officials have the right to take appropriate action against women who file false sexual assault complaints. The court said, “Merely because the de facto complainant is a lady, there is no presumption that, in all cases, her versions are gospel truth, and the police can proceed based on her statement without considering the case of the accused,” highlighting the need for a fair and thorough investigation.
Furthermore, Justice Kunhikrishnan assured police officials that there is no need to be afraid of the repercussions for pursuing the truth, as the law would protect them if they acted in good faith based on the investigation.
The court stressed that there is an increase in the trend of false accusations. It remarked that monetary compensation alone cannot undo the damage caused to the reputation of the accused if the allegations turn out to be false. Justice Kunhikrishnan said, “The damages caused to a citizen because of false implication cannot be compensated by payment of money alone. His integrity, position in society, and reputation can be ruined by a single false complaint.”
Case background
The case stemmed from allegations made by a female employee against her 57-year-old boss, Noushad K, accusing him of sexually harassing her on 20th December 2024. The complainant claimed that Noushad grabbed her arm with sexual intent. A case was registered under Section 75(1) (sexual harassment) of the Bharatiya Nyaya Sanhita at the Badiadka Police Station.
Noushad filed a bail petition before the High Court, claiming that the complaint against him was fabricated in retaliation for the termination of the employee due to poor performance. He submitted a prior police complaint against the woman, a receipt of the complaint, and an audio recording where the complainant was allegedly issuing threats.
Police negligence in handling the case
During the bail proceedings, counsel representing Noushad argued that the police registered the case against him without conducting a proper investigation. The counsel also pointed out that the complaint against the woman was filed before the complaint against Noushad. The prosecution, however, maintained that the allegations against Noushad were serious and required further investigation.
The court noted that the police failed to consider crucial evidence, including the audio recording, before proceeding with the case against Noushad. It stated that investigating officers must be vigilant while registering cases and ensure all material evidence is assessed.
The court said, “The police authorities should be alert and vigilant to find the truth in criminal cases during the investigation stage itself. It may take years for the courts to rectify the damage done to innocent persons if a charge sheet is filed against them. Investigating officers must think twice before proceeding in such cases.”
Bail granted with conditions
Considering the evidence, the court granted bail to Noushad under stringent conditions. Noushad has to cooperate with the investigation and refrain from influencing witnesses. He has also been asked to submit the audio recording to the police for further investigation.
From time-to-time courts have cautioned against misuse of laws including rape laws, SC/ST Act and 498A. In December 2024, the Supreme Court noted that while some laws were originally meant to protect women against domestic violence and harassment, they are being widely misused by some women to compel their husbands and families into complying with unreasonable demands. Moreover, laws like Section 498(A) of the Indian Penal Code are being misused by some wives to pursue personal vendetta against their husbands and families.
In June 2024, the Bombay High Court called for efforts to prevent the misuse of rape laws, especially in cases stemming from failed relationships between adults. The court stated that such cases waste valuable time for both the judiciary and the police.
In May 2024, the Allahabad High Court quashed criminal proceedings under the SC/ST Act against a couple, highlighting that the Act was being misused for personal vendetta.
