Indian police risk a year in prison under IPC Section 166, if they do not file cases on rape reports that turn out to be false. From January 2014 to May 2015, there were 400 dowry-related cases in Meerut Mahila. In 122 of those instances, a husband, or his relatives, were accused of rape.
A 25-year-old Hindu woman accused four Muslim men of raping her. Police investigation uncovered her part in a false rape plot to prevent one of the Muslims from testifying in a murder trial. In another case, a married woman eloped with her Dalit lover. When the police located them, the woman accused the Dalit man of raping her. He has been in jail for three months.
A senior police official said that about half of all rape cases the police investigate turn out to be false. Attorney KK Pahwa agreed with the observation and noted that rape accusations are being used as a weapon against husband and their relatives. The Allahbad High Court ruled that the police could not immediately arrest a man, even if he is accused of a crime punishable by seven years imprisonment. However, attorneys are utilizing IPC Sections 376 (rape), 377 (unnatural sex) and 276D (gang-rape), all containing provisions for immediate arrest. Pahwa claims that charges laid against a husband’s relatives are largely found to be false.