"Investigation of a criminal case means investigation of the case of the complainant and the accused. There cannot be any unilateral investigation of the case, put by the complainant alone. 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"
-The Hon'ble Mr. Justice P.V. KunhiKrishnan, in the High Court of Kerala at Ernakulam.
The enactment of laws against sexual harassment and other offences against women has been a significant step in protecting women from unwelcome and inappropriate behavior in workplace and other settings. These laws serve as a crucial safeguard for victims, ensuring that they receive justice and protection.
Unfortunately a false allegation against an innocent individual not only tarnishes his reputation but also have an impact on his career and professional life, causing irreparable emotional and social harm. In the case of Sarvjeet Singh v. State of Delhi1, the complainant Jasleen Kaur falsely accused Sarvjeet Singh of sexual harassment and the incident gained media attention, which led to public outrage and personal challenges for him although he was acquitted from the case.
Hence, balancing the rights of the parties concerned is the primary objective of the law while stressing on the principles of natural justice. Recognizing this concern, courts across India have emphasized the need for a fair and impartial investigation by law enforcement authorities.
A recent judgment by the Hon'ble High Court of Kerala at Ernakulam serves as a strong reminder to investigating agencies to remain vigilant and unbiased when dealing with sexual harassment complaints.
Judicial Emphasis on Fair Investigation
In a ruling dated February 24, 2025 the Kerala High Court cautioned police against conducting one-sided investigations in sexual harassment cases solely based on a woman's complaint. The court warned that blind reliance on a complainant's statement without corroborative evidence could lead to the wrongful implication of innocent individuals.
Presiding over the bail hearing in Noushad K. v. State of Kerala, the Hon'ble Mr. Justice P.V. Kunhikrishnan, stressed that police officials should carefully evaluate both the complainant's and the accused' versions before filing charges. The court categorically stated that merely because a woman files a complaint does not mean her claims should be treated as the absolute truth.
The court explicitly stated that in recent times, there is a tendency to implicate innocent people in criminal cases with serious allegations of sexual assault and in case the police finds that the allegations of such women against men are false, appropriate legal action must be taken against them.
Hon'ble Mr. Justice Kunhikrishnan reassured law enforcement officials that they need not fear repercussions for conducting fair investigations. The law would protect them as long as they acted in good faith and pursed the truth diligently.
Growing Trend of False Accusations and its Consequences
The court acknowledged the growing trend of false sexual harassment allegations, expressing concern over the severe damage such accusations can cause to an individual's personal and professional life. It observed that while monetary compensation may provide some relief, it cannot restore a person's lost reputation or social standing.
"The damages caused to a citizen because of false implication cannot be compensated by payment of money alone. His integrity, position in the society, reputation, etc. can be ruined by a single false complaint," the court remarked.
This statement underscores the need for a balanced approach in dealing with criminal cases-ensuring genuine victims receive justice while preventing the misuse of law.
Power of Investigating Authority to figure out the veracity of the case-
The investigating authority plays a crucial role in order to find the truthfulness of the complaints. In the case of Rohit Krishna V. State of Kerala & Anr. [2023(6)KHC249] the court highlighted the power of investigating authority in order to investigate the case. As per court, "the police officer has the duty to decide whether a case is to be chargesheeted or not, in the facts and circumstances of each case. A common sense is to be used by the investigating authority in the cases."
Also the investigating authority should investigate the case of the complainant and accused and thereafter file a charge sheet in court of law based on their finding as the court cannot conduct the investigation of the case.
Case Background: Noushad K V. State of Kerala
The case before the Kerala High Court revolved around allegations made by a female against her employer, Noushad, who was the Manager of the Company in which the complainant was working.
It was alleged by the complainant that on December 20, 2024 the accused grabbed her by his arms with sexual intent. Based on her complaint, the police registered a case against the accused under Section 75(1) of the Bharatiya Nyaya Sanhita (BNS), 2023 at Badiadka Police Station on February 07, 2025.
However, the accused contended that it was a false case foisted against him by the complainant. According to the accused, the complainant was dismissed from the Company because of her inefficiency and poor performance and on the day of her termination, the complainant verbally abused him and other staff. It was also alleged that the complainant threatened that "they would soon realize what she is capable of" and because of this threat, the accused filed a complaint before the Station House Officer, Badiadka Police Station on January 14, 2025.
Thus, he submitted that the complainant filed the case in retaliation of her termination and presented the following evidence to support his claims:
- Prior police complaint lodged by the accused against the woman;
- Receipt of the earlier complaint, proving that his grievance was filed before the woman's allegations;
- An audio clip recording where the complainant used abusive language and threatened him.
The counsel appearing on behalf of the accused argued that despite the existence of such crucial evidences, the police registered a case against the accused, without conducting a proper investigation. Aggrieved by the same, the accused filed a bail application under Section 482 of the Bharatiya Nyaya Suraksha Sanhita (BNSS), 2023 before the Hon'ble High Court of Kerala.
Court's Observations
During the bail proceedings, the court after examining the facts and evidence, criticized the police for failing to consider crucial elements-particularly the audio recording which could have provided clarity on the alleged threats made by the complainant, before filing the case against the petitioner/accused.
The court emphasized that "when certain materials are produced by the accused in a case against the de facto complainant, it is the duty of the Investigating Officer to consider the same as well during the course of the investigation."
The court further remarked that simply because a lady filed a complaint, the Investigating Officer cannot blindly accept the same and proceed against the accused. The genuineness of the statement of the de facto complainant can be verified easily by the Investigating Officer during the course of the investigation and in case the de facto complainant is found to have submitted a false case, appropriate action should be taken in accordance with the law.
Coming back to the prayer of the petitioner for bail, the court was of the opinion that the petitioner can be released on bail after imposing certain stringent conditions including:
- The petitioner shall appear before the Investigating Officer within two weeks and undergo interrogation;
- After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail on executing a bond for a sum of INR 50,000 with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned;
- The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall cooperate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
- The petitioner shall not commit an offence like the offence of which he is accused, or suspected, of the commission of which he is suspected.
- The petitioner shall produce a copy of the complaint and produce the audio clip he produced before this Court, before the Investigating Officer. The Investigating Officer will conduct a thorough investigation based on this and take appropriate action in accordance with the law.
- Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail.
- If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though this bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated.
The court further made it clear that the observation in this order is only for deciding this bail application and the Investigating Officer is free to investigate the case untrammeled by any observation in this order.
Conclusion
While laws exist to protect women and provide justice but must not be misused to settle personal scores or vendettas.
The ruling delivered by the Kerala High Court emphasized that justice must be served for both the complainant and the accused, ensuring that the legal system remains fair and effective.
This case serves as a wake-up call to ensure that 'Justice must not only be done but also seen to be done' and for that the investigating officers must approach every case with objectivity, vigilance and commitment to truth.
False accusation of sexual harassment in U.K. and U.S.A.
The legal provision in U.K is that false allegation with respect to sexual harassment can lead to criminal charges under the laws such as Criminal Justice and Courts Act 2015 which addresses offences such as perverting the course of justice and misleading the police in the investigation. The victim of false accusation can also pursue civil suits of defamation, malicious communication and other damages. The Crown Prosecution Service in U.K. emphasize for sensitive handling of such cases to protect genuine victims while ensuring fairness for the accused.2
In U.S.A., false allegation of sexual harassment can lead to legal consequences such as criminal charges or defamation lawsuit for filing false reports. The Equal Employment Opportunity Commission provides guidelines for addressing sexual harassment complaints by ensuring that victim and the accused are treated fairly3. If the allegation on the accuser are proven false then the legal remedy may include monetary compensation and other penalties.4
Shreya Bhushan , Intern at S.S. Rana & Co. has assisted in the research of this article.
Footnotes
3. https://www.eeoc.gov/sexual-harassment
4. https://www.nicoleblankbecker.com/blog/falsely-accused-of-sexual-harassment-heres-what-to-do/
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