What to Do If Someone Threatens to File a False Rape Case Against You in India (The First 24 Hours Are Critical)

I reviewed ten rape accusation cases in law school where the accused maintained innocence and eventually proved it. Five preserved digital evidence and filed anticipatory bail within twenty-four hours based on contradictory proof. They were never arrested and cases were dismissed within months. Five didn’t act immediately. They spent months in jail before getting bail. Here’s what to do in the first twenty-four hours if you’re threatened with a false rape accusation.

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Before I begin, I need to be clear. Rape is a heinous crime that destroys lives. Real victims deserve immediate support and justice. Nothing in this article should discourage victims from reporting or suggest most rape accusations are false. They are not. The vast majority are genuine, and conviction rates remain tragically low. However, false accusations do exist. When they happen to innocent people, they destroy lives just as thoroughly. An innocent person accused faces immediate arrest, months in jail, permanent reputation destruction, and career loss even if acquitted. These cases require immediate legal action in the first twenty-four hours.

On July 1, 2024, the Bharatiya Nyaya Sanhita replaced the Indian Penal Code entirely. Rape is now prosecuted under Section 64 BNS, with the offense defined in Section 63. The framework and punishment remain similar but there are important new provisions anyone facing such accusations must understand.

One case involved a Bangalore software engineer whose ex-girlfriend threatened to file a rape case after he refused to resume their relationship. Within eight hours of receiving threatening messages, he consulted a criminal lawyer and gathered all digital evidence showing their relationship was consensual throughout. WhatsApp conversations where she expressed love and consent. Photos they took together showing intimacy and affection. Messages from mutual friends confirming the relationship was consensual and ended mutually. His lawyer filed an anticipatory bail application in the High Court with all this evidence attached. The court granted anticipatory bail within three days. When the woman did file an FIR two weeks later, police investigated, found the digital evidence contradicted her claims, and recommended closure of the case. It was dismissed within four months. He was never arrested. He continued working throughout. His reputation in his professional circle remained intact because he acted before arrest could happen.

Another case involved a Mumbai businessman who ignored warnings when a woman he’d had a brief relationship with threatened to file a rape case unless he paid her ten lakh rupees. He thought the threat was mere extortion and didn’t take legal action. When she filed the FIR, police arrested him at his home at six in the morning. His wife and children witnessed the arrest. His company immediately suspended him. He spent sixty-three days in judicial custody before the court granted regular bail. By the time the case was dismissed eight months later after investigation revealed inconsistencies in the woman’s statements and medical evidence didn’t support her claims, his marriage was destroyed, his company had terminated him, and his reputation in his community was permanently damaged. The difference between these two outcomes was entirely the first twenty-four hours.

What you should do if you are threatened with or accused of a rape you did not commit.

Hour Zero to Six: Preserve All Digital Evidence Immediately

The moment you receive a threat of a false rape accusation or learn that someone has filed or plans to file such a case, your first action must be preserving every piece of digital evidence that contradicts the accusation. In rape cases, the battle is almost entirely about credibility and consent. If you can prove through contemporaneous communications that the relationship or encounter was consensual, you have a defense. Without that proof, it becomes your word against the accuser’s word, and the legal system generally gives benefit of doubt to the complainant in sexual assault cases.

Access your phone immediately and back up everything. Screenshot every WhatsApp, text, Instagram, Facebook, email communication. Go back through entire history. Messages from months ago showing consensual relationship, affection, or discussions about intimacy can be critical evidence. Messages sent after the alleged incident date are especially important. If someone sends loving messages or makes plans after the date they later claim you raped them, that suggests consent. Courts understand genuine victims typically don’t maintain friendly relationships with rapists.

Also screenshot messages where the person explicitly threatens to file a false case. Messages like “if you don’t give me money I will file a rape case” or “I will destroy your life” are powerful evidence of extortion and malicious intent. These can defend against rape accusation AND support counter-cases for extortion under Section 308 BNS.

Preserve photos and videos showing you together looking happy, intimate, or affectionate. Save social media posts where the accuser tagged you or posted about your relationship positively. Screenshot before they delete. Download call logs from your phone company showing when calls were made and duration. If the accuser claims they cut all contact after alleged rape but call logs show they called you multiple times after, it contradicts their version.

Save all of this evidence to multiple locations immediately. Cloud storage like Google Drive or iCloud. Email the files to yourself. Send copies to a trusted family member or friend. Give copies to your lawyer as soon as you retain one. The reason for multiple backups is that your phone might be seized by police during investigation. If all your evidence is only on your phone and police take it, you lose access to your own defense evidence during the critical early period of the case.

If the accusation involves claims that you drugged the person or used force, look for any evidence that contradicts those specific claims. Security camera footage from the location where the alleged incident occurred. Witnesses who saw you both together before or after. Credit card or bank records showing you were somewhere else at the time claimed. Medical records showing you were injured or ill in a way that would have made the claimed conduct physically impossible. Gather anything and everything that contradicts the specific allegations.

Hour Six to Twelve: Get a Criminal Defense Lawyer Who Handles Sexual Assault Cases

Once you’ve preserved evidence, immediately contact a criminal defense lawyer who specifically has experience handling sexual assault accusations. Rape cases under Section 64 BNS are the most serious criminal charges someone can face. Punishment ranges from minimum ten years rigorous imprisonment to life imprisonment plus fine. This is not a case where you can represent yourself or use a general practice lawyer. You need someone who has successfully defended similar accusations and understands the specific legal landscape of sexual assault cases.

The legal framework changed July 1, 2024 when BNSS replaced CrPC. Anticipatory bail is now governed by Section 482 BNSS. Critically, Section 482(4) BNSS restricts anticipatory bail in Section 65 BNS (rape of woman under 16 years) and Section 70(2) BNS (gang rape of woman under 18 years). This means anticipatory bail is theoretically available for Section 64 BNS in other circumstances. However, courts are extremely cautious about granting it in any rape case. They only grant in exceptional circumstances with clear prima facie evidence the accusation is false and malicious.

Your lawyer needs to assess whether anticipatory bail is realistic in your specific situation. If you have strong digital evidence showing consent, if there are clear motives for false accusation like extortion or revenge, if there are witnesses supporting your version, and if the complainant’s story has obvious contradictions, your lawyer might advise filing for anticipatory bail immediately. The application must be filed in the Sessions Court or High Court along with an affidavit and all supporting evidence.

The anticipatory bail application in a rape case must be meticulously prepared. It cannot simply say the accusation is false. It must present concrete documentary evidence that creates serious doubt about the accusation. Your lawyer will attach the digital evidence you preserved, any witness statements you’ve gathered, any other contradictory evidence, and will argue that the accusation is motivated by malice, revenge, or extortion rather than genuine sexual assault.

Even with strong evidence, courts might deny anticipatory bail in rape cases simply because of the seriousness of the charge. If anticipatory bail is denied, your lawyer must be prepared to apply for regular bail immediately after arrest. Regular bail in rape cases is also difficult but becomes more likely after investigation reveals contradictions in the complainant’s story or evidence supporting your defense emerges.

Discuss with your lawyer whether to file a complaint under Section 308 BNS for extortion if you have messages showing the person demanded money or other things in exchange for not filing the rape case. Extortion is also a serious offense punishable with up to ten years imprisonment. Filing an extortion complaint accomplishes two things. First, it shows you’re not just defending against the rape accusation but actively asserting that you’re the victim of a crime. Second, it creates documentary evidence of the person’s malicious intent that can be used in the rape case defense.

Hour Twelve to Eighteen: Gather Witness Statements and Understand the Legal Framework

While your lawyer works on the anticipatory bail application or prepares for the possibility of arrest, you must identify and document witnesses who can support your version of events. In rape cases, witness testimony about the relationship, the complainant’s behavior before and after the alleged incident, and any statements the complainant made to others can be crucial.

Identify anyone who knew about your relationship with the accuser if there was one. Friends, colleagues, or family members who observed you together and can testify that the relationship appeared consensual. If you and the accuser were seen together after the date of the alleged rape behaving normally or intimately, those witnesses are critical. If the accuser told anyone that the relationship or encounter was consensual, those statements are important.

Identify anyone who might have heard the accuser threaten to file a false case. If the threat was made in front of others or if the accuser told mutual friends about planning to file a case for revenge or to extract money, those witnesses can testify to malicious intent.

Write down names, contact information, and what each potential witness can testify about. Have your lawyer contact these witnesses to get written statements or at minimum confirm their willingness to testify if needed. The sooner witness statements are recorded, the better. Memories fade over time and witnesses might become unavailable or unwilling to get involved as the case drags on.

Understand the specific legal provisions. Under BNS (July 2024), rape is defined in Section 63 and punished under Section 64. Section 63 defines rape as sexual intercourse without consent or under various coercive circumstances. The key issue is consent, unequivocal voluntary agreement when capable of giving consent. Section 64 prescribes minimum ten years rigorous imprisonment extending to life imprisonment plus fine. There is no maximum below life imprisonment. Rape’s ten-year minimum makes courts extremely reluctant to grant pre-arrest bail. Rape is cognizable non-bailable, police can arrest without warrant and bail is not automatic.

Be aware of medical examination requirements. If a rape case is filed, the complainant will undergo medical examination under Section 53 BNSS to collect evidence of sexual assault. The medical report noting any injuries, presence of semen, or other physical evidence becomes part of the case record. If medical evidence contradicts the complainant’s claims, it supports your defense. If there’s no medical evidence of force or injury and the complainant claimed violent rape, that inconsistency can be highlighted.

Hour Eighteen to Twenty-Four: Prepare for Arrest and Protect Your Reputation

By this point, you should have preserved evidence, retained a criminal lawyer, filed for anticipatory bail if advisable, and identified witnesses. The final six hours of the critical first twenty-four-hour period should focus on preparing for the possibility of arrest and taking steps to protect your reputation and livelihood.

If anticipatory bail is not granted or not filed, arrest is likely once an FIR is registered. Prepare yourself mentally and practically for arrest. Inform your family about the situation. Discuss with your lawyer what will happen during arrest, how long you might be in custody before bail hearing, and what conditions might be imposed if bail is granted.

Inform your employer if you think arrest is imminent. This is a difficult decision because disclosure might lead to suspension or termination. However, if you’re arrested without warning and your employer learns about it from media or police, the situation might be worse. Discuss with your lawyer whether and how to inform your employer. Some lawyers advise waiting until after arrest to inform employer with a legal notice explaining that charges are pending and you maintain innocence. Others advise proactive disclosure with supporting evidence if the relationship with employer is strong.

Do not contact the person making the accusation. Any contact can be twisted to look like intimidation or tampering. Don’t call, message, or approach them. Don’t send mutual friends to talk to them. Don’t try to negotiate or offer settlement. All of these actions can be presented as evidence of guilt or as attempts to influence the complainant.

Do not post anything on social media. Don’t make public statements. Don’t share your side of the story online. Everything you say publicly can be screenshotted and used against you. Your lawyer will advise you on if and when any public statement should be made. Until then, silence is safer.

Prepare your family for the possibility of arrest. Arrests in rape cases often happen early morning at home. Your spouse, children, or parents might witness police arriving. Prepare them for this possibility so the trauma is minimized. Arrange for someone to take care of dependents if you’re taken into custody.

If you have the financial means, discuss with your lawyer about arranging for bail surety in advance. When you apply for regular bail after arrest, court will require bail bonds and sureties. Having these arrangements ready beforehand can speed up your release once bail is granted.

Consider the long-term strategy. Even if the case is eventually dismissed or you’re acquitted, the accusation itself does enormous damage. Discuss with your lawyer about potential civil defamation suits after the criminal case concludes, about getting the FIR quashed under Section 528 BNSS if there are grounds, and about getting a formal declaration of innocence not just acquittal.

What I Learned from Ten Cases

I spent weeks studying these rape accusation cases where the accused maintained innocence. Some were eventually acquitted. Some were convicted. Some had charges dropped during investigation. The pattern of what saved people and what destroyed them had nothing to do with whether they were actually innocent. I cannot judge guilt or innocence from case files. What I can see is that people with strong digital evidence of consent and who acted immediately to preserve that evidence and get legal representation had dramatically better outcomes than people without such evidence or who delayed action.

The Bangalore software engineer who preserved evidence within eight hours and filed anticipatory bail within three days was never arrested. Total legal fees approximately three lakh rupees or thirty-six hundred dollars. Case dismissed in four months. Career and reputation largely intact.

The Mumbai businessman who didn’t act until after arrest spent sixty-three days in jail, paid twelve lakh rupees or fourteen thousand four hundred dollars in legal fees, lost his job, and had his marriage destroyed even though the case was eventually dismissed. The difference was the first twenty-four hours.

False rape accusations are rare but devastating when they happen to innocent people. The legal system is designed to protect victims of sexual violence, as it should be. That same system can be weaponized by malicious actors for revenge, extortion, or other motives. When that happens, innocent people need immediate, precise legal action to protect themselves.

The Reality About Rape Accusations

Let me be clear again. Most rape accusations are genuine. Women who come forward to report sexual violence are overwhelmingly telling the truth despite enormous social stigma, trauma, and difficulty proving these crimes. The conviction rate for rape in India remains tragically low. Most rapists go unpunished. We need to believe and support survivors.

However, false accusations do exist. When they happen, they destroy lives. An innocent person accused of rape under Section 64 BNS faces minimum ten years imprisonment if convicted. That person faces immediate arrest, months in jail before bail, years of trial, permanent destruction of reputation, loss of career, and social ostracization regardless of eventual outcome.

If you are genuinely innocent and facing such an accusation, you need immediate legal help. You need to preserve evidence immediately. You need to understand your rights and the legal framework. The decisions you make in the first twenty-four hours will determine whether you spend years fighting from inside jail or from outside with your freedom intact.

What to Do Right Now

If you are currently facing a rape accusation or threat of one, stop reading and start preserving evidence. Screenshot every communication. Save everything to multiple locations. Contact a criminal lawyer who handles sexual assault cases immediately. Every hour you delay reduces your options.

If you are not facing such accusations but are concerned about the possibility, understand that the best protection is careful, consensual relationships with clear communication and respect for boundaries. Digital communication that clearly shows mutual consent and ongoing relationship can be protective. But also know that even innocent people can face false accusations and knowing your rights beforehand can make the difference between freedom and jail.

The reality is that rape accusations, whether genuine or false, are among the most serious legal matters anyone can face. If you are innocent and accused, the legal system provides defenses but only if you act immediately and precisely. The people who preserve evidence in the first hours, get expert legal help in the first day, and follow legal advice exactly have far better outcomes than those who delay or try to handle it themselves.

Are you prepared for the twenty-four hours that could determine whether you walk free or spend years in jail?