Punishment for False Complaints & Evidence in Sexual Harassment Cases

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Punishment for False Complaints & Evidence in Sexual Harassment Cases

 

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 contains penalty provision to discourage false or malicious complaints. If the internal committee or local committee arrives at a conclusion that the allegation made against the respondent is malicious or any person making the complaint including the women has made the complaint, knowing it to be false, or any person has produced any forged or misleading document, the committee may recommend to the employer or the District Officer to take action against the woman or the person who has made the complaint in accordance with the provisions of the service rules, applicable to them.

 

However, if victim is unable to substantiate a complaint or is not able to provide adequate proof to prove, the complainant may not attract action. The malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended.

 

Action can also be initiated, against the witnesses, where the concerned committee arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document.  The committee may recommend to the employer of the witness or the District Officer to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribed.

 

Punishment for false or malicious complaint: Action has been suggested under Rule 9 which includes a written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increments, terminating the respondent from service or undergoing a counselling session or carrying out community service. Section 14 of the Act and Rule 9 & 10 read as under:

 

“14. Punishment for false or malicious complaint and false evidence.—(1) Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer, as the case may be, to take action against the woman or the person who has made the complaint under sub-section (1) or sub-section (2) of section 9, as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed:

Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this section:

Provided further that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended.

(2) Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness or the District Officer, as the case may be, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribed.”

 

Rules: 9. Manner of taking action for sexual harassment.- Except in cases where service rules exist, where the Complaints Committee arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be, to take any action including a written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increments, terminating the respondent from service or undergoing a counselling session or carrying out community service.

Rule 10. Action for false or malicious complaint or false evidence.- Except in cases where service rules exist, where the Complaints Committee arrives at the conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or District Officer, as the case may be, to take action in accordance with the provisions of rule 9. 

It is alleged that substantial number of sexual harassment cases are lodged for reasons like extracting money, taking revenge or settling old disputes, humiliating the respondent concerned, etc. It not only tarnishes the image and life of the respondent but in extreme cases it may lead to suicide. 

In many cases of humiliation the respondents committed suicide, in frustration, as they were falsely implicated. In a recent case, Vice President, Swaroop Raj of NOIDA based company has committed suicide, on being suspended over accusation of sexual harassment.  As per his suicide note, the complaints are stated to be false and he could not bear the humiliation. An FIR has been lodged for abetment to commit suicide.  

A case study done by Jaipur Police reflects that 4,206 fake cases of sexual harassment were reported in between 2015-16. In most cases, a false complaint was filed with an aim to extort money or defame a person to settle personal scores. These fake cases included allegations of harassment for dowry, molestation, cheating, and rape. In such false cases a final report is filed after investigation instead of charge-sheet to court for further trial of accused.  Such cases gets closed after investigation if these are considered non-worthy for trial, or outright false.  A report is filed as per procedure under Cr. PC 173 to close the cases.

 

The above provisions serve as a safe guard and deterrent to avoid false or malicious complaints. The aggrieved person can take recourse to civil or criminal defamation case in the appropriate court of law. A defamation case can be filed under criminal law or civil law together or in sequence. The punishment for defamation is simple imprisonment for up to two years or with fine or with both.

 

Adverse impact of misuse of laws: Various Courts have observed that a number of laws enacted in the recent past, for welfare of women, are being misused to harass and blackmail the opposite parties. Such laws lose sheen, sooner or later, and the purpose for which these are enacted gets forfeited.  The most misused Indian laws are the laws that are women centric, enacted for their benefit. Some of the laws are as under:

 

Section 498A of IPC relating to prevention of dowry was incorporated to protect the dignity of a woman but it has become a widely misused weapon to harass and blackmail the husband and the in-laws.  It also became a tool in the hands of the police to harass the husband and all his relatives named in the FIR, without an intrinsic worth or preliminary investigation. The Hon’ble Supreme Court observed in one of the cases that women are spreading legal terrorism, through this section. It had to be modified, later on. 

Prevention of Atrocities Act, 1989 provides for severe punishment if a crime is done against any member belonging from Scheduled Caste & Scheduled Tribe community. It is yet another law which has created terror to get any one falsely implicated.

Section 66A, of I T Act, was also being misused, which provided for right to arrest people on the basis of the stuff that they post on Facebook or other social networking sites. It had to be struck down by the Supreme Court, ultimately.

The people who face false cases by a woman complainant can only understand the pain of being punished for an offence which has not been committed by them. Such persons were jailed and their public image got completely ruined and tarnished.

Some cases of apparent misuse of Sexual Harassment Act, 2013 too have come to notice resulting in suicide by innocent. Women should, therefore, ensure that only genuine complaints are lodged under the Act and it does not become a tool for revenge, harassment or blackmail, lest it also gets diluted down.

Pay compensation to persons falsely framed for agony and harassment: The Supreme Court has said that "the people who are framed up are also victims of crime and hence, the authorities are obligated to pay compensation to them for agony and harassment."

 

In one of the cases Madhya Pradesh Court observed “By one case of false implication of an innocent, rule of law loses one exponent (supporter) and a rebel with defiance towards rule of law is ready. Poor investigation with tainted prosecution is perfect recipe for such eventuality.” Directing the state to compensate in an abduction case the Court observed if because of poor investigation and tainted prosecution, the accused suffers and it is apparent that he is innocent then he deserves compensation from the state under Right to Life.

The Bench then observed that valuable period of 12 years of these persons has been consumed at the altar of false implication due to defective investigation and casually conducted trial with a poor appreciation of evidence by the trial court. “If applicant look in hindsight then the distance covered by them between this period has been full of painful memories, remorse and agony,” the bench said.

Bombay High Court levied fine of Rs 25 lakhs: Justice S J Kathawalla, of Bombay High Court took particular objection to the attempt made to blackmail the plaintiff and the Court receiver by threatening them of false molestation charges, and slapped a punitive fine of Rs 25 lakhs on the party which threatened[1]. He noted,

“Time and again, it is noted with distress by the courts, that a socially enabling piece of legislation, is being grossly misused with impunity, by the very gender for whose empowerment it has been enacted, leaving the male/s facing grossly wrong and derogatory charges, which they have to thereafter defend themselves against. Such gross and patent misuse of a socially enabling piece of legislation has to be sternly condemned by the Courts and dealt with a very stern hand.”

It further observed that ‘“If such abhorrent behavior is left unpunished, by showing ‘compassion’ to a person who knowingly, grossly abuses the process of law, and thereafter attempts to justify the same by saying that she did it ‘in a fit of rage’, the court will send out a wrong message to the general public, that it is not out of place for women to hold out such threats to their male counterparts, and thereafter plead for ‘compassion’. Such conduct may also deter court officials from executing court orders against women, for fear of such false and baseless charges being levelled against them.”

The Court, therefore, ordered the proprietors of Feel Good India to pay up a penalty of Rs 25 lakhs. Rs 5 lakhs was directed to be paid to the plaintiff, whereas the remaining amount was to be deposited in favour of a memorial hospital.

Remedy for false cases: Remedy is available under Section 182 of IPC.  But this can only be initiated by Police. Accused cannot initiate it as part of a legal procedure. Section 182 of IPC reads as under:

182. False information, with intent to cause public servant to use his lawful power to the injury of another person

182. False information, with intent to cause public servant to use his lawful power to the injury of another person.— Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

 

Illustrations

(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or miscon­duct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.

(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assistants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villages or some of them. A has committed an offence under this section.

 

Law of Torts: Aggrieved person is also at liberty to resort to law of tort and claim damages.

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[1] Sapat and Co. (Bombay) Pvt Ltd. vs Feel Good India and another; Commercial IP Suit (L) No 1766 of 2018; The High Court of Judicature at Bombay