The Delhi High Court has expressed serious concern over the consequences of false allegations of sexual offences, highlighting the enduring harm they cause to the accused, and has directed recovery of victim compensation disbursed in cases subsequently found to be false.
These observations were made by the single-judge Bench of Justice Swarana Kanta Sharma in State of GNCT of Delhi v. Toshib Alias Paritosh & Ors., reinforcing both the legal and societal implications of wrongful accusations.
The High Court emphasised that false accusations inflict significant and lasting damage, including reputational harm, social ostracism, incarceration, and psychological trauma. Such consequences could not be remedied merely through discharge orders or expressions of sympathy, it noted, adding that the scars left on the accused were often long-lasting and comparable, in terms of severity, to the violations suffered by genuine victims of sexual assault.
The single-judge Bench further cautioned that false allegations undermined public confidence in mechanisms designed to protect victims of sexual violence, including statutory provisions under the Indian Penal Code, such as Sections 376 and 417–420, and the Protection of Women from Domestic Violence Act, 2005.
When serious accusations are withdrawn without explanation, genuine victims may face skepticism, weakening the credibility of these protective frameworks, it noted.
The case involved three men initially accused of gang rape under the pretext of a job-related meeting. During trial, the complainant retracted her statements, leading the trial court to discharge all accused. An appeal by the Delhi Police challenging the discharge was dismissed by the High Court on December 15.
The High Court also addressed the misuse of the Delhi Victim Compensation Scheme, 2018. It took into consideration the instances in which interim compensation was granted to alleged victims who later withdrew their allegations or turned hostile, without any mechanism for recovery. Justice Sharma observed that allowing such compensation to remain unrecovered constituted misuse of public funds and undermined the credibility and sustainability of victim support schemes.
To prevent misuse, the High Court directed that in cases where interim compensation was granted and proceedings were later quashed due to compromise, hostility, or exoneration of the accused, trial courts must forward all relevant orders and records to the Delhi State Legal Services Authority (DSLSA).
The DSLSA was tasked with determining whether recovery of disbursed compensation was necessary. Additionally, petitions seeking the quashing of such proceedings must disclose whether the complainant received compensation under the Victim Compensation Scheme, including the amounts and relevant details.
The High Court reiterated that cases involving false allegations of sexual offences required careful judicial scrutiny, balancing the protection of genuine victims with safeguarding the constitutional rights of the accused under Articles 21 and 22. It further established safeguards to prevent exploitation of state-sponsored victim compensation schemes while drawing attention to the social and psychological harms caused by wrongful accusations.
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