Sextortion cases: Punjab and Haryana HC for criminal proceedings against those filing false cases
While dealing with such a case, the high court bench of justice Anoop Chitkara observed that this (sextortion) cannot be allowed to go on as it would unravel chaos in the system and amount to ridiculing a serious crime like sexual assault, turning it into something frivolous, which can never be the intention of the makers of law.
The Punjab and Haryana high court has recommended a slew of measures for dealing with sextortion cases and asked the police of Punjab, Haryana and Chandigarh to consider criminal prosecution against those filing false complaints.
While dealing with such a case, the high court bench of justice Anoop Chitkara observed that this (sextortion) cannot be allowed to go on as it would unravel chaos in the system and amount to ridiculing a serious crime like sexual assault, turning it into something frivolous, which can never be the intention of the makers of law.
“This entire case is a disturbingly startling depiction of what a mockery of the criminal justice system is being made of by certain individuals who are taking blatant bribes under the sacrosanct guise of the authority of law,”
“How distressingly deplorable is the state of affairs when the investigators, who are the guardians of law-and-order, and the advocates, who are the officers of courts, not only allow but also participate in effecting compromises, extorting and accepting bribes and commissions from the alleged accused and suspects, to settle grave allegations like that of rape,” it said.
The court was dealing with a case reported in Charkhi Dadri in Haryana, in which two cops, including an SHO and an advocate, are facing allegations of misusing their official positions and conspiring in an alleged sextortion case. The cops were in high court seeking anticipatory bail.
The court remarked that this was not an isolated case where a woman alleging sexual assault retracted from her statement. “...such illegal, unethical, and immoral actions deplete the faith and trust of the entire society and primarily of the real affected victims whose interests are the principal concern of a legal justice system,” it said, adding that it would be essential and appropriate for the court to take notice of such cases and issue directions to the police.
“We as a society fear crime as much as we fear criminals, and therefore, what can be more haunting to any individual than the possibility of being labelled as a perpetrator of a heinous crime like sexual assault. False accusations of sexual assault can lead a sensible person to lose his wits under pressure and adopt questionable methods to escape the clutches of stigma and loss of honour associated with such allegations,” it said adding that the burden of carrying the tainted may result in losing face in front of friends, family, and peers, pushing them towards depression and suicide.
“Thus, knowingly levelling false allegations of such kind can have devastatingly far-reaching ill effects on one’s sense of self, relationships, social standing, and financial and psychological well-being,” it further said adding that it was disheartening that our penal laws are being used to extort money.