The Aryavarth Express
Agency(Punjab & Haryana ): The Punjab & Haryana High Court, in a significant move to address the growing concern of “sextortion” and the misuse of sexual assault laws, has issued comprehensive directions to the police. Justice Anoop Chitkara, during a case involving allegations of police officials accepting bribes to settle a rape case through a questionable compromise, highlighted the grave issue of penal laws intended to protect survivors being exploited for extortion, revenge, or to tarnish someone’s reputation.
Justice Chitkara pointed out, “The misuse of sexual assault laws not only undermines the gravity of such serious offenses but also erodes public trust in the legal system. It’s disheartening to see laws designed to safeguard survivors being weaponized for personal gain, thereby risking chaos within the justice system.”
The court criticized the involvement of law enforcement and legal practitioners in facilitating illegal compromises and extortions, stressing that such conduct severely damages societal faith in the justice system and overlooks the true victims of sexual assault.
Acknowledging the severe implications of false sexual assault allegations, the High Court noted that being wrongfully accused could devastate individuals, pushing them towards depression or even suicide, due to the societal shame and financial burden it imposes.
To combat the menace of sextortion and prevent the misuse of sexual assault laws, the High Court laid down specific instructions for police authorities:
– Investigators or supervising officers must report any retraction in sexual offense cases to the Superintendent of Police for further action.
– Before filing a cancellation report, it must be verified whether any financial or valuable consideration was exchanged for a compromise or statement retraction.
– Supervising officers are to ensure that complainants or victims were not coerced into retracting their accusations.
– If evidence suggests no coercion was involved, proceedings for violating Section 182 of the IPC should be considered, ensuring timely action to avoid limitation issues.
– Reasons for not pursuing prosecution in cases of false accusations must be documented and reviewed by the Director General of Police for a final decision.
These directives aim to protect the interests of both sexual assault survivors, ensuring they are not coerced into illegal compromises, and individuals falsely accused of such crimes. The High Court’s orders are expected to be implemented by the Director-General of Police, Haryana, by March 31, with instructions to all police officials to strictly adhere to these guidelines when handling cases of sexual assault.
This landmark decision by the Punjab & Haryana High Court marks a crucial step towards maintaining the integrity of the criminal justice system and ensuring that laws meant to protect the most vulnerable are not manipulated to harm innocents or undermine the seriousness of sexual assault.