PIL in Delhi HC Seeks Aadhaar-Based Identity Verification for Repeat Rape Complainants

The Delhi High Court on Wednesday heard a Public Interest Litigation (PIL) seeking directions from the authorities to maintain a district-wise police database of complainants who have filed multiple rape or sexual offence complaints, along with a mandate to collect identity proof, preferably Aadhaar, from such complainants.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela directed all parties, including the Union of India, the Government of NCT of Delhi, and the Delhi Police, to file their responses.

The PIL has been filed by Shonee Kapoor, a men’s rights activist, through Advocate Shashi Ranjan Kumar Singh. The petitioner has alleged rampant misuse of rape laws, noting that several complainants have filed multiple sexual offence complaints against different individuals.

Highlighting the issue of acquittals due to the unavailability of victims, the plea states,” A large number of accused persons facing trial in sexual offences are getting acquitted because of the unavailability of the victims,” calling it a “grave matter of concern.”

The plea further adds, "There are also a number of cases that have come in limelight whereby multiple sexual offences complaints have been filed by the same complainants, which creates doubts in the veracity of multiple sexual offences complaints filed by the same complainant."

Noting that the prosecution has no mechanism to track such repeated complaints. While a 2012 circular by the Delhi Police directed investigating officers to collect complete details of victims, the petition states:

"There are many instances in which the victims who involve in filing multiple such complaints give their names while twisting the spellings of their names, and the police officials would not know how many complaints of similar nature have been filed by the said victim."

Referring to a recent Supreme Court judgment, the PIL cites the quashing of a rape case filed against a retired Army officer after the top court found that the complainant had lodged eight other similar complaints against different people in police stations across Delhi.

The plea also referred to a recent order passed by the Punjab and Haryana High Court, which directed the Director General of Police, Haryana, to instruct all Superintendents of Police in the state to maintain records of complainants who have filed more than one rape complaint or cases involving alleged honey trap victims, in order to monitor such instances and protect innocent citizens.

“That the Hon 'ble High Court of Judicature at Allahabad had in CRIMINAL MISC. WRIT PETITION No. - 1793 of 2025 vide order dated 05.03.2025 been pleased to direct CBI to investigate and enquire about the large number ( 12 cases) of criminal complaints related to sexual offences had been filed by the Complainant Ms. P***a R*w*t through her counsel Shri Parmanand Gupta Advocate against large number of persons,” the plea went on to add.

The PIL points to a pattern of legal misuse, where complainants repeatedly file similar cases against different individuals.

“The filing of large number of false rape cases is the abuse of Process of Law and the judicial process is being misused for personal vendetta, extortion, or coercion, which warrants the interference of this Hon' ble Court. The false allegations cause irreparable damage to personal dignity, respect and career of the accused persons facing trial and investigation for the offence of rape.,” the plea states.

It further states that a representation was made by the petitioner on March 3, 2025, to the Commissioner of Police, but no response was received. Thereafter, an RTI reply dated April 17, 2025, later confirmed that the representation had been received and was under consideration by senior officers.

The plea has therefore sought a writ of mandamus directing authorities to enforce Aadhaar-based identity verification in such cases and to maintain a record of complainants to prevent misuse of the laws and to further protect innocent individuals from false implication.

Case Title: Shonee Kapoor v. Union of India & Ors.

Date of Order: August 6, 2025 

Bench: Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela