Trivial Disputes: Women are filing Molestation cases and misusing #IPC354

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Many young guys supported strong #IPC354 without prior understanding of the law, which led to #IPC354 be made non-bailable. As per this law any woman can label a boy as ‘Molester’ without having to undergo a medical examination.

Recently in SIF we are getting many complaints that even age old ladies are filling molestation cases against young boys secondary to trivial disputes such as Parking of cars or bikes.

25 years old Arun, working in Delhi metro one day reached home on his bike and found that their neighbor had parked their bike in his place. He requested the neighbor to move their bike to an alternate place, but they refused and started to abuse him. He contacted Delhi Police at number 100 after which the neighbor removed their bike.

But a big surprise awaited him the next day morning. He received a call from local Police station, that he and his 22 year old brother were accused of Molesting the neighbor who was a 45 year old woman.

Police arrested them both and put them behind bars for 9 days, which is the time it took for them to get bail. All his lawyers and other neighbors asked him to compromise and offer 5 Lakh Rupees to the 45 year old woman. He was left very confused, and wondered why was he put through such injustice? He started calling us to seek answers for why such unfair, biased law was made in the first place?

Mr. Arun is not alone, every day in SIF we witness such cases and find that young guys are totally ignorant and unaware of the dangers of #IPC354. This law was created in a way, that any women irrespective of her age can send any man behind bars by a simple verbal allegation.

In the parliament many MPs did express concern about its misuse, but radical feminists ignored their valid concerns. SIF also made recommendations to ensure innocents were not harassed, however government paid no heed to what MPs and SIF were stating and went ahead in approving this unfair, and biased law.

In another case in a shopping mall, Mr. Karan Gupta, 35 years old, met with an accident. A young woman crashed his car from behind. He immediately started video the situation using his mobile phone.

Although the woman was at fault, she started to be abusive towards him. In order to seek justice Mr Gupta contacted Police at 100. Police officer took both of them to the local Police Station.

At the Police Station the woman filed a molestation case on him misusing #IPC354. She alleged that he had touched her private parts. Mr Gupta requested the Investigating Officer to record the lying woman’s statement and for her to undergo medical examination. The woman refused to undergo a medical exam. A lady police officer then advised this erring woman that she should not say that Mr Gupta touched her but she should make allegation that he abused her verbally and attempted to touch her body. This made the women change her statement, and IO was about to arrest Mr. Gupta.

Mr Gupta then showed IO the recorded video of what had actually happened. Mr Gupta was lucky that he was facing an honest IO. Looking at the video evidence right in front of him, he closed the case against Mr Gupta. Not only that he went ahead and filed a case against the erring woman under #IPC182 for giving false statement to a government officer with intention to hurt.

Ironically the court gave bail to that woman straightaway despite the Video evidence to support #IPC182.

This is the main reason for increase in false, fabricated Molestation and rape cases in India.

A mere allegation by a 45 years old women, without any evidence, sent two young men behind bars for 9 days. On the other hand, despite video evidence of false molestation charges, a woman got bail in 2 minutes.

Such injustice against boys or men is not new. Law makers are in deep slumber while radical feminist organizations are manipulating the Media. This leads to Media showing only incidents of alleged rape/molestation cases, but they never show any cases in which a man has proved himself innocent after having lost 5 to 7 years running around in courts.

Is there any way out?

Yes, it needs awareness and will power of our Law makers to stop such abuse of  law. They must realize that non-bailable criminal case is not a joke like ordering some Pizza. Such false allegations destroy an innocent, law abiding man’s self-esteem, confidence and faith in humanity.

Any FIR/complaint on the basis of Verbal statement of women which leads to #IPC354 must be made bailable.

The punishment for making false fabricated statement under #IPC182 should be non-bailable and strong punishment in jail terms, without accepting any excuses is the need of the hour. Government must issue strong directions in law itself, so that Judges should not allow bail in such cases where by documentary evidence (like video recording, CCTV footage, Mobile locations, and audio recordings) itself prove the case was false and fabricated.

History has taught us that sending innocents behind bars doesn’t reduce crime rates. It will only have a backlash which will lead to revenge, violence and raised crime in India.

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Comment(s): 3:

  • on 30 June, 2014 13:58:55 PM
    we , as male lost all freedom.India is worst place for a male.Yes, you can always be a loser as a male.
  • on 19 July, 2016 01:14:18 AM
    Misuse of 354 A by Female
    Section 354 A of Indian Judiciary Law was introduced to protect the women and their dignity in the country ;However the flaw remained as it was framed as one sided Law which overlooks dignity of Men in the country.
    As a result many false cases and misuse of section 354A by females have been reported till date . It is a request and need of the hour that Government must make the law fool proof so that its not misused by any female to defame /trap any innocent person for their personal grudges/fights.
    1. This section has provision that , any Female can lodge the complaint /FIR even for back dated incident in a fit of rage and section says even if female quotes that some men has touched her inappropriately that too without any eye witness, still police can arrest the person without preliminary investigation and send him to police custody without any evidence proving the allegations.
    2. Another important point in this , that any female can use this section 354 A to Harass male members by falsely implicating him the charges in order to take personal revenge or settle family disputes, since this section supports Female version/complaint is prima face final without any evidence/eye witness
    3. The interesting part of the story is that the female who is lodging the complaint need not even hire any lawyer to defend her side nor need to attend the trails. The person who is implicated needs to face the trails and struggle to prove his innocence and have to spent on lawyer fees, it means multiple one sided trauma and harassment . The law fails in controlling the crime instead has become a tool for few people who use it to frame people easily for handling family issues and personal fights.
    The law is one sided and has a blind eye towards the other part of the story.
    4. It is high time to amend the provisions of the law by balancing both parties so that justice is not denied to the innocent person
    5. Recently, I came across a relevant case of my close relative & hence sharing this.
    The female member is a distant relative and has lodged a false complaint against her own relative for taking revenge on other family issue/fight/conflict. In such case there is not only defamation of the family but also lead to mental harassment which can even lead to critical permanent health damages which are irreparable.
    6. Any suggestion/advice /support for such open misuse of this section 354A?
  • on 19 January, 2017 02:47:28 AM
    Now a days due to this law , many cases of misuse of this section by female to settle the other conflict with male/family disputes/affaire dispute etc.
    Since if there is any direct evidence of molestation like, in public, CCTV etc, then probably such section must be of best use to put the culprit behind bar immediately, so as to justice the female .
    But there are the cases wherein , any backdated complaint lodge by female , without any direct evidence, and where some relation involved (Relation like Girlfriend, friend , Colleague, Or relative ) then such cases must be dealt with complete scrutiny before immediately putting Male behind the bar . Because even if later it prove that complaint was fake , then also that men shall never get his dignity back because he had already faced going behind bar/police custody.
    The misuse of this law can be done very easily by any female due to following provision of law:
    1. Police entertain even back dated complaint of female against molestation . (Why such any delay in FIR if really there was molestation?)
    2. Police just on the version of female complaint shall immediately arrest any innocent person and put him behind bar without giving him a chance to prove his innocence.
    3. When case goes to court , female get free public prosecutor and male shall have to spend on lawyer.
    4. There is no provision for punishment to female if case prove false or no direct evidence and sufficient doubt for false complaint .
    5. In overall , if any female decided to misuse the law , then by simply saying that male has molested her, she can defame any male and put him behind police custody for a day. And agony is that even backdated complaints of female are being entertained in this section and many times molestation allegation may come from other conflict/fight/or dispute etc.
    Hence it is necessary to take strict action where CCTV, direct evidence , Public cases . However where no direct proof i.e backdated complaint, family relation involved , then police must do through investigation before putting any male behind bar. Because Male also have dignity and no body now a days talks about dignity of men and possible cruelty from female as well.