False Rape Case Remedies in India: Quashing FIR & Legal Defenses

Recently, the Honorable Supreme Court quashed the First Information Report (for short F.I.R.) of false rape in the case of Amol Bhagwan Nehul vs. The State of Maharastra & Anr., 2025 wherein the relationship in question was consensual. Briefly put, the married women alleges that the accused therein had sexual intercourse with her on several occasions on the pretext of marriage.

Generally, false allegations of rape are the consequences of failed relationships. However, extortion also appears to be another reason behind false rape allegations against the innocent people.

In this article, I will delve into the rape laws in India [under Indian Penal Code, 1860 (for short I.P.C.) and Bharatiya Nyaya Sanhita, 2023 (for short B.N.S.)] and what are legal remedies available to the accused at the initial stage before the trial, when he is falsely implicated in the commission of this heinous offence of rape.

Relevant Provisions

• Section 375 I.P.C. (Section 63 of B.N.S. is the analogous provision to section 375 I.P.C.)

In simpliciter, the provision defines which of the acts constitutes the offence of rape. Among the various essentials for constituting the offence of rape, element of “consent” plays a vital role in the offence. Explanation 2 of this section states what constitutes the valid consent.

Consent as per the explanation must be voluntary agreement to participate in the sexual act by the woman and that too is given after understanding the nature and consequences of such act. It may be by words or gestures or in any other form. It must not be obtained by practising deception or by administering any intoxicating or stupefying substance to the prosecutrix or victim.

• Section 69 of B.N.S.

It states that any sexual intercourse done on the pretext of marriage without any intention of fulfilling such promise constitutes an offence though under this section and such act does not amount to rape. It also punishes the sexual intercourse done by deceitful means. Herein deceitful means includes the inducement or false promise of employment or promotion and marrying by supressing or concealing the identity.

Legal Defenses Against False Rape Allegations

1. Sexual intercourse was consensual.

2. There was an intention to marry at the time of the intercourse between the prosecutrix and the accused.

3. Allegations made in the F.I.R. or complaint, as the case may be, are ambiguous and evasive.

4. The F.I.R. lodged or the complaint filed is purely with the motive of extortion or harming the reputation of the accused or filed with any ulterior motive or for obtaining any other material benefit from the accused.

5. There are material contradictions in the statement of the prosecutrix.

Note - The above list of effective defence is not exhaustive rather inclusive.

Legal remedies against false allegations of Rape

Whenever false allegations of rape are made against any person by way of complaint or F.I.R. following are the remedies that one can seek from the court:

1. Anticipatory Bail

Application for anticipatory bail can be filed before the Court of Session or the High Court. Generally, anticipatory bail is not granted in rape cases. However, in exceptional circumstances it would be granted depending upon the facts of case.

2. Quashing of FIR

Petition for quashing of F.I.R. is filed before the Honourable High Court having jurisdiction under section 528 of B.N.S.S. (earlier filed under section 482 of Cr.P.C.

3. Regular Bail

It is to be sought on settled law on bail in non-bailable offences.

Quashing of FIR

Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Analogous provision to section 482 Cr.P.C.) empowers Honourable High Courts to quash the FIR. The effect of quashing of FIR is that no criminal proceedings are said to be instituted against the accused.

The settled law on quashing of FIR is laid by the Honourable Supreme Court in the case of State of Haryana and Ors. Vs. Ch. Bhajan Lal and Ors., 1990. The Court held that in exercise of inherent powers under section 482 Cr.P.C. (when Cr.P.C. applicable) FIR can be quashed in the following circumstances:

1. Where the allegations made in the FIR or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;

2. Where the allegations in the FIR and other materials, if any accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code;

3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;

4. where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;

5. where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;

6. where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party;

7. where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

Recent Developments

Understanding False Rape Allegations Under Indian Law

In the light of above discussed settled law following are the case laws wherein on different grounds FIRs were quashed in the cases wherein false allegations of rape are alleged against the accused:

1. Batlanki Keshav (Kesava) Kumar Anurag Vs. State of Telangana & Anr., Supreme Court

After perusal of chats, Court observed that prosecutrix had the tendency to lodge false complaint as in the chat she mentioned the fact that she would irritate her victims to the extent they dump her, and she could happily start with the new one. Chats adduced depict the stark reality about the behavioural pattern of the de facto complainant who appears to be having manipulative and vindictive tendency. Therefore, for the above reasons court quashed the FIR against the accused.

2. S. Rajdurai Vs. State (NCT) of Delhi & Anr., Delhi High Court

Briefly put, prosecutrix and the accused were living with each other in live-in relationship despite being married to their respective spouses.

The Court quashed the FIR after observing that an unmarried woman who is induced into a sexual relationship on the false pretext of marriage by someone whom she believes to be legally eligible for marriage, may constitute an offence of rape. However, when the victim herself is not legally eligible to marry someone else due to existing marriage to another partner, she cannot claim to have been induced into a sexual relationship under the false pretext of marriage.

To conclude, the offence of rape is heinous and if it be used as weapon against the innocent, it is necessary to take every step towards justice in the light of settled law. All remedies must be exhausted step by step depending on the facts of the case, otherwise the cardinal principle of criminal jurisprudence that “99 guilty persons may escape but innocent should not be punished” gets violated.