Rising Rape Cases and False Allegations: Analysing the Role of Law, Victims’ Mental Health, and Procedural Safeguards under the New Criminal Laws

Author(s)	Mandip Kaur
Country	India
Abstract	India faces a paradoxical crisis: rising reported rape cases alongside growing concerns over false allegations. The new criminal laws—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam (2023)—have reshaped the legal landscape on sexual violence. This paper examines the tension between ensuring justice for genuine survivors and protecting the wrongly accused. It analyses how procedural safeguards such as time-bound investigations and electronic evidence mandates impact both categories. The research further explores victims‘ mental health, arguing that legal reforms without psychosocial support perpetuate secondary victimization. Drawing upon NCRB data, judicial precedents, and comparative jurisprudence, the paper identifies gaps in evidentiary standards and presumptive clauses. It concludes that robust procedural safeguards—not adversarial weakening—serve both truth and justice, proposing a balanced framework that addresses false allegations without deterring genuine reporting.
Keywords	Rape laws; false allegations; victim mental health; procedural safeguards; Bharatiya Nyaya Sanhita
Published In	Volume 8, Issue 2, March-April 2026
Published On	2026-04-05
DOI	https://doi.org/10.36948/ijfmr.2026.v08i02.73665

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International Journal For Multidisciplinary Research