‘False Complaints Create Cynicism and Distrust’: Delhi HC in Sexual Assault Case
A complaint was filed by an aspiring actress, alleging that the director had sexually exploited her after administering intoxicants under the pretext of offering her a role in the film industry. The accused's application for anticipatory bail was earlier dismissed and not challenged, leading to his subsequent arrest;
The Delhi High Court, recently, granted bail to a film director accused of sexual assault, expressing serious concern over the increasing trend of false allegations in sexual offence cases, observing that such misuse of the law not only tarnishes the reputation of the accused but also creates ‘cynicism and distrust’ in the society, ultimately harming genuine victims.
The bench of Justice Girish Kathpalia held, “the recent trend of lodging false complaints of sexual offences. Every false complaint of sexual offences not just causes immense damage to the person accused of the offence, but also creates cynicism and distrust across the society, which leads to even the genuine victims of sexual offences suffer, as society starts suspecting her truthful complaint also to be false. Such false complaints have to be dealt with sternly".
The accused maintained that the complaint was false and motivated by a desire to coerce him into providing a break in films. It was further contended that the two were in a consensual live-in relationship in Mumbai, while the prosecution claimed the alleged incident took place in Orchha, Madhya Pradesh, raising a jurisdictional issue.
On May 1, 2025, the prosecutor sought time to investigate whether an affidavit previously filed by the complainant before the Sessions Court was given voluntarily or under pressure. The prosecution added that if found voluntary, action would be initiated against the complainant for making false allegations.
A status report dated May 23, 2025, confirmed that the complainant was re-examined, and her statement under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was recorded. In her statement dated May 21, 2025, she admitted that the accusations were false and that she had been influenced by certain individuals. She stated that her relationship with the accused had been consensual over the past five years and identified several persons who allegedly provoked her into filing the complaint. She also submitted an audio-video recording in support of her claims.
On the date of the hearing, the complainant filed a fresh affidavit reaffirming her statement and expressed no objection to the grant of bail to the accused.
Considering these developments, the bench held that there was no reason to continue the accused’s incarceration and allowed the bail application. The accused was directed to be released on furnishing a personal bond of ₹10,000 with one surety of like amount, to the satisfaction of the trial court, area Magistrate, or Duty Magistrate.
The court also expressed concern over the growing trend of filing false complaints of sexual offences, observing that such actions not only damage the reputation of the accused but also cast doubt on genuine cases, thereby harming real victims. The bench emphasised the need for stern action against such false complaints.
For Petitioner: Senior Advocate Amit Chadha and Advocates Hirein Sharma, Aamir Chaudhary, Hayas Singh, Sarthak Sethi and Sakshi Yadav
For Respondent: Additional Public Prosecutor Nawal Kishore Jha
Case Title: Sanoj Kumar Mishra v State (2025:DHC:4730)