False Rape Case and POSH Complaint at Workplace — Legal Defences for the Falsely Accused

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Rohan Gupta, 29, worked at a mid-sized Infosys vendor firm based out of Pune. He and a 31-year-old colleague, Kavita Reddy, had been in an informal relationship for a few months — close friends, occasional calls, and what both described as a "talking stage." Around 18 March 2025, Kavita visited Rohan's apartment in Wakad, Pune, entirely of her own accord. She stayed overnight. The next morning, a disagreement turned into a heated argument. She began throwing objects, damaged his phone, and left abruptly.

Rohan followed her downstairs, trying to calm the situation. She didn't stop. Hours later, the calls started — abusive messages on WhatsApp, calls to his family members, threats directed at his sister. Rohan was terrified. Nothing physical had occurred between them beyond mutual consent to hugs and affection. But the threat of a rape complaint and a POSH complaint at their shared workplace felt real and overwhelming.

He'd initially approached a general civil lawyer who offered little practical guidance on how criminal threats of this nature actually work. After being referred to Advocate Sudhir Rao, the approach shifted entirely. A detailed documentation strategy was put in place, digital evidence was preserved, and preemptive legal steps were taken — including an anticipatory bail application and a formal communication record. The situation was contained before it escalated into a formal complaint. Rohan kept his job and his reputation intact.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Preserve all digital evidence immediately. Don't delete a single message, call log, or WhatsApp conversation. Screenshot everything — including the threatening calls and abusive messages sent to your family. Back up to cloud storage. This evidence may be decisive if a complaint is filed later. And here's the thing — people lose cases not because the truth wasn't on their side, but because they panicked and wiped their phones clean in the first 48 hours.

Don't contact the complainant directly. Not even to "sort things out." Any attempt at informal resolution can be misrepresented, taken out of context, or worse, recorded and submitted as evidence of pressure. All communication, if necessary at all, should go through your advocate.

Inform your HR discreetly through counsel. If a POSH complaint is likely at your workplace, your advocate can help you craft a factual, calm pre-response to protect your employment standing before any Internal Committee inquiry begins. Don't walk into HR alone and start explaining yourself unprompted.

Cases involving false rape allegations and concurrent POSH complaints carry layered procedural complexity. Criminal law, service law, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 all operate simultaneously, and they don't always move in sync. A general practitioner may not be fully familiar with how these tracks interact, which means critical steps get missed. Advocates who regularly handle this combination of matters are far better placed to build a coherent defence across all three fronts.

Applicable Sections of Law

• Section 64 BNS (Rape): The primary section under which a false rape allegation would be registered. Consent and its absence is the central question.
• Section 74 BNS (Assault or criminal force to woman with intent to outrage modesty): Sometimes invoked alongside rape allegations, even where penetration is denied.
• Section 351 BNS (Criminal intimidation): Applicable against the complainant if her threatening calls and messages constitute criminal intimidation toward the accused and his family.
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Governs the POSH complaint track through the Internal Committee at the employer's level.
• Section 482 BNSS (Anticipatory Bail): Critical preemptive relief available before any arrest is made.

Punishment and Penalties

• Section 64 BNS (Rape): Minimum 10 years rigorous imprisonment, extendable to life imprisonment. Fine as determined by court.
• Section 74 BNS (Outraging modesty): Imprisonment up to 2 years, or fine, or both.
• Section 351 BNS (Criminal intimidation): Imprisonment up to 2 years, or fine, or both (up to 7 years if threat is of death or grievous hurt).
• Cognizable and Non-Bailable: Rape under Section 64 BNS is both cognizable and non-bailable.
• Non-Compoundable: Rape is non-compoundable — the parties cannot simply settle and withdraw the matter privately.

Jurisdiction — Where to File the Case

Jurisdiction matters more than most people realise. A rape complaint under Section 64 BNS is filed at the police station having territorial jurisdiction over where the alleged offence occurred. In Rohan's situation, that would be the police station covering the Wakad area in Pune. The trial for rape is conducted exclusively before the Sessions Court (not a Magistrate's Court), as mandated under the BNSS. For a POSH complaint, jurisdiction lies with the Internal Committee of the employer's establishment. Getting jurisdiction right from day one shapes everything — an FIR at the wrong station, or an IC complaint at the wrong entity, can affect timelines and strategy in ways that are hard to fix later.

What if Police Refuse to File FIR?

Make no mistake — in rape cases, police generally cannot refuse to register an FIR if the complainant approaches them. But if you as the accused need to file a counter-complaint (say, for criminal intimidation or false complaint), and police refuse:

• Approach the Superintendent of Police in writing under Section 173(4) BNSS, requesting registration of your complaint.
• File a private complaint directly before the Magistrate under Section 175(3) BNSS if the SP does not act.
• Seek a writ of mandamus before the High Court directing registration — a well-established remedy affirmed in Lalita Kumari v. Government of UP, 2014.
• Preserve a written record of every attempt to lodge the complaint, including dates, officers spoken to, and their responses.

Rights of the Accused

• Right against self-incrimination (Article 20(3), Constitution of India): You cannot be compelled to be a witness against yourself. Maintain silence until your advocate is present.
• Right to legal representation (Article 22, Constitution of India): You have the right to consult and be represented by an advocate of your choice from the moment of arrest.
• Right to be produced before a Magistrate within 24 hours: No police officer can detain you beyond 24 hours without Magistrate's remand under Section 187 BNSS.
• Right to know grounds of arrest: Police must inform you clearly of the reason for arrest under Section 47 BNSS.
• Right to a copy of the FIR: The accused is entitled to a copy of the FIR free of cost under Section 173(2) BNSS.

Bail Provisions

Rape under Section 64 BNS is non-bailable. Full stop. This makes anticipatory bail under Section 482 BNSS the single most critical step before any arrest occurs. The application must be moved before the Sessions Court or High Court, and it must demonstrate — as held in Siddharam Satlingappa Mhetre v. State of Maharashtra, 2011 — that the power should be exercised on the broad probabilities of the case, not restrictively. If arrested before anticipatory bail is granted, regular bail under Section 480 or Section 483 BNSS may be applied for before the Sessions Court. Typical bail conditions include surrender of passport, regular reporting to the police station, and a prohibition on contacting the complainant. Now, before you act on anything else in this article, understand this: moving fast on anticipatory bail isn't optional. It's everything.

Quashing of FIR / Case

If an FIR is filed and the matter appears to be an abuse of the legal process — a consensual relationship being retrospectively reframed, for instance — the accused can approach the High Court for quashing of the FIR under Section 528 BNSS (inherent powers). The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down the categories where quashing is appropriate, including where the allegations don't disclose any cognizable offence and where the complaint is manifestly malicious. In false rape cases arising from personal disputes, courts do consider the entirety of the relationship, digital communication records, and the conduct of both parties. But quashing in rape matters is treated with particular caution by every court, so the evidentiary foundation must be solid before this route is pursued. Frankly, a weak quashing petition can sometimes do more harm than good.

If You Are the Victim

Now, if you are genuinely the victim of false allegations or threatening behaviour by your colleague:

• File a written complaint at your nearest police station under Section 351 BNS for criminal intimidation, backed by your documented evidence of threatening calls and messages.
• Apply before the Magistrate for a protection order or directions against harassment if the threatening conduct continues.
• Approach your HR/employer independently with a factual account of the incident, especially if the other party is likely to raise a POSH complaint internally.
• Preserve all CCTV footage from your building or society for the date of the visit — this can corroborate your version of who came willingly and when.
• Keep a written daily log of every threatening call or message received, with timestamps. Courts take contemporaneous records seriously.

Documents You Must Keep Ready

• Aadhaar card and PAN card (identity proof)
• All WhatsApp chat exports (including threatening messages received after the incident)
• Call logs showing frequency and timing of calls — both incoming and outgoing
• CCTV footage from your residential society or apartment building covering the relevant dates
• Any photographs, shared location data, or mutual digital exchanges that establish the consensual, friendly nature of the relationship
• Screenshots of social media exchanges or conversations on any platform
• Employment records confirming the collegial relationship and any shared work interactions
• Written records or emails from HR if the POSH complaint is filed at the workplace

What Evidence Is Required?

• Digital communication records: WhatsApp messages, call logs, emails — primary evidence of the nature of the relationship and post-incident threatening behaviour.
• CCTV footage: Building entry/exit logs showing voluntary presence at the residence.
• Witness statements: Neighbours, building security, or anyone who may have seen the complainant leave voluntarily.
• Medical examination report: In rape cases, the absence of physical injury evidence is relevant secondary evidence supporting the accused's version.
• Location data: Google Maps timeline, shared live location, or cab receipts showing movement patterns.
• Character and conduct evidence: Prior communications establishing the consensual and friendly nature of the relationship.
• Audio or video recordings: If any threats were recorded (lawfully), these can corroborate the criminal intimidation angle.

How the Police Behave in Such Cases

Be prepared. In rape cases, police are under considerable pressure — from internal guidelines, from public perception, and from the law itself — to act on complaints quickly. Arrest of the accused is common even before a thorough investigation is completed. Officers may be dismissive of the accused's version initially. Don't expect sympathy at the station. If the complainant approaches police first, the FIR will almost certainly be registered. The accused's counter-narrative matters, but it's built through court proceedings, not police persuasion. And here's why this distinction is so important: many men waste the first critical 24 hours trying to "explain themselves" to the investigating officer instead of calling their advocate. Having an advocate present during any police interaction isn't optional. It's essential.

Timeline of Legal Process

• Day 1-7: FIR registration; anticipatory bail application filed before Sessions Court or High Court (urgent).
• Week 1-4: Police investigation begins; accused may be called for questioning; digital evidence collected by investigating officer.
• Week 4-12: Chargesheet filed before Sessions Court (within 60 to 90 days of arrest if accused is in custody, under Section 193 BNSS).
• Month 3-6: Cognizance taken by Sessions Court; charges framed after hearing both sides.
• Month 6-18: Trial proceedings — examination of prosecution witnesses, cross-examination, defence evidence.
• Month 18-36+: Final arguments, judgment, and if required, appeal before High Court.
• Parallel track: POSH Internal Committee inquiry at workplace typically concludes within 90 days of complaint filing under the 2013 Act.

How Long Will the Investigation Take?

In rape cases where the accused is arrested and in custody, the chargesheet must be filed within 60 days under Section 193 BNSS — failing which the accused becomes entitled to default bail. If the accused is on anticipatory bail, the investigation typically spans 60