The Kerala High Court, while granting bail to an accused in a sexual harassment case, made a significant observation regarding false allegations of sexual assault. The court noted a growing tendency to implicate innocent men in fabricated cases and stressed that police officers should not hesitate to take action against complainants if their claims are proven false.
Justice P.V. Kunhikrishnan underscored that a criminal investigation must consider both the complainant’s and the accused’s versions. The court rejected the notion that merely because the complainant is a woman, her statement should be considered the absolute truth.
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“Investigating authorities should investigate both the complainant and the accused before filing a chargesheet. Courts cannot conduct investigations; they can only decide cases based on the chargesheet submitted by the investigating officer.”
The judge pointed out that police officers often hesitate to act against women who file false complaints, fearing repercussions. However, he assured that if officers conduct an impartial and lawful investigation, they need not worry about any adverse consequences.
"If the police find that the allegations made by the complainant are false, they can take legal action against her as well. The law permits it, and officers should not fear backlash for acting within legal boundaries."
The court highlighted that a single false accusation can permanently damage a person’s reputation, career, and social standing.
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“The damage caused by false accusations cannot be compensated with money alone. An individual’s integrity, position in society, and reputation can be destroyed by a single false complaint.”
The judge urged investigating officers to exercise caution before filing charge sheets in such cases. He noted that courts are already burdened with serious legal matters, and police officers must act responsibly to "separate the chaff from the grain" during investigations.
Case Background
The case involved a 57-year-old petitioner, Noushad K, who was the manager of a company where the complainant worked. The woman alleged that he grabbed her by the arms with sexual intent, leading to his arrest under Section 75(1) of the Bharatiya Nyaya Sanhita (BNS), 2023.
However, the accused presented a different version of events. He claimed that the complainant was dismissed from her job due to inefficiency and had verbally abused him and other staff members. Furthermore, he stated that she had threatened them by saying, "You will soon realize what I am capable of."
The petitioner had filed a police complaint regarding this threat before the woman lodged her complaint. Additionally, he submitted an audio recording as evidence, which purportedly contained her threats.
After reviewing the case details, the court found that the police had not properly investigated the accused's complaint before registering the woman’s FIR. The judge directed the police to thoroughly examine the accused’s complaint and the audio evidence.
"Simply because a woman files a complaint, the police cannot blindly accept it and proceed against the accused without verifying the facts."
The court further instructed the police to take action against the complainant if the investigation proved that she had filed a false case.
Case Title: Noushad K . v State of Kerala and Another
