If you are stuck in such a situation, here is what to do.

A distressing situation has emerged involving a young man, Rohan, who was in a live-in relationship with a woman named Priya. After their relationship soured, Priya filed a rape case against him. According to information shared by a concerned acquaintance, the accusation appears to be baseless, supported by a significant amount of digital evidence Rohan compiled.

Rohan was the sole provider for his family, supporting his mother and a younger sibling after his father’s passing. The legal case has devastated him financially and emotionally. Despite his efforts, his bail application has been rejected on three separate occasions. Before he absconded, Rohan created a digital evidence folder containing WhatsApp chats, call recordings, photographs of injuries allegedly inflicted by Priya, and the complete chargesheet. He also recorded a detailed one-hour video explaining the entire timeline of their relationship and the events leading to the accusation.

In his video, Rohan claimed that he and Priya remained in contact even while he was incarcerated, communicating through indirect channels. He described a manipulative pattern where she would engage with him and then abruptly withdraw, causing him immense mental distress. He also stated that they met in person when he was briefly out on parole. During a recent court hearing, Priya reportedly gave a wavering testimony, stating, “We had sex, but I’m not sure if it was consensual or not. I think it was consensual.” Rohan vehemently denies this, asserting they had not been intimate for several days before the complaint was filed.

Most critically, the digital folder contains a recording of a phone call between Priya and her lawyer. In the recording, Priya expresses her desire to withdraw the case. The lawyer is heard warning her against it, saying, “Are you mad? You won’t go to jail alone. Everyone will—the witnesses, me, and you. Cases like these are not withdrawn so easily. He will definitely use that recording now.” Subsequently, Priya allegedly asked Rohan not to use this specific recording in court. Influenced by his lingering emotional attachment, he complied and did not present this crucial piece of evidence to the judge.

Rohan shared the link to this digital folder, which contained uncensored personal information, on his social media just before he disappeared. On the day he was supposed to surrender after his parole ended, he vanished. His last social media post mentioned he was “logging off” for a “bigger cause” and included an apology to his family. A fleeting image in the post, which was later deleted, seemed to show a weapon, causing grave concern for his safety. A friend, now in possession of the evidence folder, is seeking guidance on how to proceed to ensure Rohan’s side of the story is heard and to help him.

Advice in such cases

• Preserve all evidence meticulously. This includes digital communications, financial records, photographs, and any other material that can establish the nature of the relationship and context of the allegations. Do not delete or alter anything.
• Do not attempt to contact the complainant or their family directly. Any communication can be misconstrued and used against you. All contact should be through legal channels.
• Maintain your mental and emotional well-being. Accusations of this nature are incredibly stressful. Seek support from family, friends, and mental health professionals.
• 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 of 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.
• Cooperate with the investigation as advised by your lawyer. Your lawyer will guide you on what to say and what documents to submit to the authorities.

Applicable Sections of Law

Under the new Indian legal framework, several sections are relevant:

• Section 63 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section defines and provides punishment for rape. The prosecution must prove that the sexual act was non-consensual.
• Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This is a new provision addressing “sexual intercourse by employing deceitful means,” such as making a false promise of marriage. This is often invoked in cases arising from soured relationships.
• Section 235 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with providing false information to a public servant with the intent to cause them to use their lawful power to injure another person. If an investigation proves the rape allegation was false and malicious, the complainant can be prosecuted under this section.
• Bail Provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): The procedure for applying for anticipatory and regular bail is governed by the BNSS. The court considers the nature of the accusation, the evidence presented, and the accused’s background before granting or denying bail.

If you are the complainant

• Ensure that your complaint is truthful and accurate. The legal system is designed to protect genuine victims, and providing false information can have severe legal consequences.
• Preserve any evidence that supports your claim, such as messages, call logs, or witness information, and provide it to the police.
• Understand the legal process and its gravity. Once an FIR is filed, withdrawing the case is a complex legal procedure and not a simple matter.
• 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 of 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.

If you are the victim

• Do not panic. The first step is to secure legal representation immediately. An experienced criminal defense lawyer is crucial.
• Gather and organize all evidence that can prove your innocence or demonstrate the consensual nature of the relationship. This includes chats, emails, photos, videos, call records, and statements from mutual friends.
• Do not destroy or tamper with any evidence, even if you think it might be unfavorable. Your lawyer will know how to present it in the proper context.
• Do not abscond or evade the law. This will severely damage your case and make it nearly impossible to secure bail or a fair trial. You must face the legal process.
• 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 of 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.

How the police behave in such cases

Upon receiving a complaint of rape, the police are mandated to register a First Information Report (FIR) immediately. The investigation that follows involves collecting evidence from both the complainant and the accused. They will record statements, seize electronic devices for forensic analysis, gather medical evidence if applicable, and speak to potential witnesses. While the police are required to conduct a fair investigation, the initial presumption often leans in favor of the complainant in such sensitive cases. It is vital to have a lawyer who can interact with the police on your behalf, ensure that your evidence is submitted and considered, and protect you from any procedural missteps.

FAQs people normally have

What evidence is required?

Evidence is key to defending against such allegations. The following are crucial:

• Digital Communication: Complete and unedited chat histories (WhatsApp, Instagram, etc.), call recordings, and emails that show the nature of the relationship—consensual, loving, or even tumultuous.
• Witness Statements: Testimony from friends, colleagues, or landlords who can attest to the live-in relationship and its consensual nature.
• Financial Records: Bank statements showing joint expenses, money transfers, or gifts, which can help establish the context of a shared life rather than exploitation.
• Photographs and Videos: Pictures or videos of the couple together at social events or on trips can serve as proof of a normal relationship.
• Contradictory Evidence: Any evidence that directly contradicts the complainant’s allegations, such as the recorded phone call with her lawyer mentioned in the story, is extremely powerful.

How long will the investigation take?

The Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates that the investigation in rape cases should be completed within two months from the date the FIR is registered. However, in practice, the timeline can be extended due to various factors like the complexity of the case, forensic analysis delays, and the number of witnesses. After the investigation, the police file a final report (chargesheet or closure report) in court, and only then does the trial begin. The entire legal process, from FIR to final judgment, can take several years.

Advocate Sudhir Rao, Supreme Court of India