Police can take measures without fear against women who involve innocent men in cases of false sexual assault: the Superior Court of Kerala

Justice PV Kunhikrishnan He declared that a criminal investigation implies an investigation of the case of the plaintiff and the accused and not only of the plaintiff. The court said that if during the investigation, the police consider that the Lady’s plaintiff has made a false accusation of sexual assault against a man, they can also take measures against the lady. The court assured the officers that they do not need to fear any retirement to take such actions, since the law will be in charge of the officers if they can think of the correct findings.

The court added that many damages can be caused due to a false complaint and that it cannot be compensated for money.

“The damage caused to a citizen due to a false involvement cannot be compensated only by the payment of money. Its integrity, position in society, reputation, etc., can be executed by a single false complaint. “

The court said that, therefore, the police should think twice before presenting load sheets in such cases. It was added that the court was loaded with several cases that implied serious issues of law and fact and that it was in police officers “separate the straw from the grain.” The court said that the courts cannot carry out an investigation of the case; They can only decide the case based on the charges presented by the investigating authority. The court said that, therefore, the police should investigate versions of the defendants and the victim.

“The investigating authorities must investigate the case of the plaintiff and the defendant and, subsequently, to present a sheet of charges before a court of justice based on his finding. A court of justice cannot conduct an investigation of a case. The duty of the Court is to decide the cases based on the charges filed by the investigating authority. Therefore, I reiterate that there can be no unilateral investigation of the case filed only by the plaintiff, simply because the de facto plaintiff is a lady. There is no presumption that, in all cases, its version if the truth of the Gospel and the Police cannot proceed based on their statement only without considering the declaration of the accused. “

Facts of the case

It was alleged that the defendant who was the manager of the company where the plaintiff was working grabbed the victim for his arms with sexual intention. It was reserved under section 75 (1) (sexual harassment) of the BNS. He approached the Superior Court in search of an early bond.

His version was that he fired the company’s plaintiff due to its inefficiency and not performance. That day, he verbally abused the petitioner and other personnel and threatened that “they would soon realize what he is capable of.” The petitioner filed a police complaint due to this threat.

The court indicated that the police received the petitioner complaint before receiving the plaintiff’s complaint.

The court had also heard an alleged conversation about the plaintiff in which he threatened that the petitioner would soon realize what he is capable of.

The Court said the police have not investigated the complaint granted by the petitioner. The court observed that the investigative officer should investigate the matter taking into account the petitioner complaint and the alleged conversation between the petitioner and the plaintiff in which he was threatening the petitioner. The court ordered the police to investigate the audio and the complaint. He was also ordered to take action against the plaintiff if he had presented a false case.

Consequently, the petitioner received the bond after imposing certain conditions.

Petitioners Advisor: Lawyers R. Anas Muhammed Shamnad, Your Sujith Kumar, CC Anoop, Thareek TS, Hamdan Mansoor K., Kk Dheerendrakrishnan

Surveyed Advisor: ADV. Hrithwik CS (PP)

No case: Ba 2241 of 2025

Case title: Noushad k. V KERALA STATE AND OTHER

APPOINTMENT: 2025 LIVELAW (KER) 143