THE DARK SIDE OF FALSE ACCUSATION IN THE

JUDICIAL SYSTEM AND ITS IMPACT ON THE SOCIETY

Submitted By
Mohammad Sohan Khan

Supervised By
Mukunda Kumar Pall
Assistant Professor

February 2020

DEPARTMENT OF LAW
STAMFORD UNIVERSITY BANGLADESH
 THE DARK SIDE OF FALSE ACCUSATION IN THE
JUDICIAL SYSTEM AND ITS IMPACT ON THE SOCIETY

Submitted By
Mohammad Sohan Khan
ID: LL.B. 05909437

Thesis Submitted in Partial Fulfillment of the Requirement for the Degree of

LL.B (Honor’s) under Stamford University Bangladesh

Supervised By
Mukunda Kumar Pall
Assistant Professor

February 2020

DEPARTMENT OF LAW
STAMFORD UNIVERSITY BANGLADESH
 LETTER OF TRANSMITTAL

To
Mukunda Kumar Pall
Assistant Professor
Department of Law
Stamford University Bangladesh

Subject: Submission of thesis paper

Dear Sir,
It is a great pleasure to submit my thesis on " The Dark Side of False Accusation in the
Judicial System and its Impact on the Society ". I have given my best efforts to finish
thesis with relevant information that I have collected from sources.
I have concentrated my efforts to achieve to objectives of the work and hope
that my endeavor will serve the purpose. I shall be grateful and obliged if you kindly
accept my thesis and have an evaluation.

Sincerely Yours

…………………….
Mohammad Sohan Khan
ID: LL.B. 05909437
Department of Law
Stamford University Bangladesh
 DECLARATION

I hereby do solemnly declare that the work presented in this thesis entitled on" The Dark
Side of False Accusation in the Judicial System and its Impact on the Society" has been
carried out by me under the guidance of Mukunda Kumar Pall, Assistant Professor,
department of Law, in partial fulfillment of the requirement for the degree of LL.B
(Honor’s) at Stamford University Bangladesh and has not been previously submitted to
any other institution. The work I have presented does not breach any copyright.
I further undertake to indemnify the University against any loss or damage arising
from breach of the forgoing obligations.

………………………
Mohammad Sohan Khan
ID: LL.B. 05909437
Department of Law
Stamford University Bangladesh
 CERTIFICATION

This is to certify that, the thesis entitled "The Dark Side of False Accusation in the
Judicial System and its Impact on the Society" by Mohammad Sohan Khan in partial
fulfillment for the degree of L.L.B (Honor's) from Stamford University Bangladesh.
The thesis been carried out under my guidance and is a record of the bona fide work
carried out successfully.

……………………
Mukunda Kumar Pall

Assistant Professor
Department of Law
Stamford University Bangladesh
 ABSTRACT

In Bangladesh people are involved in many crimes but most heinous crime is to
accuse an innocent falsely. The structural supports of criminal and civil justice
systems are built, in part, on the expectation that law enforcement, government
employees, and even ordinary citizens will tell the truth when giving evidence
because the act of taking an oath acknowledges serious legal consequences for any
violations. Responding law enforcement officers have a duty of care to investigate
and uncover false allegations and prevent them from causing harm to the innocent.
Failure to do so can result in miscarriages of justice, including wrongful detentions,
false arrests, false imprisonment, malicious prosecutions, and wrongful conviction.
When law enforcement fails in their duty, they are also exposed to civil liability. In
Bangladesh, section 250 of CrPC 1898 deals with cases related to false accusation.
There is a little utilization of provisions for false accusation and the wrongdoer easily
escapes from judicial system. Our justice system has shattered and flawed and no
positive substructures have been taken to prevent this situation. Moreover, the
punishment and compensation for false accusation is also inadequate.
This article analyses about the facts and provisions of false accusation and its
preventive measures. This will help to ensure that justice prevails in any criminal
trials or civil disputes that arise.
 TABLE OF CONTENTS
Page no.
Acknowledgements ix
Chapter 1
INTRODUCTION 1

Chapter 2
FACTS AND IMPACTS OF FALSE ACCUSATION

2.1 The Dilemma of False Accusation 3

2.2 Types of False Accusation 3
2.3 Areas of False Accusation 4
2.4 Motives for Filing a False Accusation 8
2.5 False Accusation-A Stain on Justice 9
2.6 Miscarriage of Justice 9
2.7 Impacts of False Accusation 11
2.8 Aftermath of the Impacts 15

Chapter 3
LEGL PROVISIONS OF FALSE ACCUSATION IN BANGLADESH AND ITS
LOOPHOLES

3.1 Laws of False Accusation in CrPC 19

Chapter
3.2 Laws of False Accusation in Penal Code 20 4
3.3 False Accusation Causing Defamation 22
3.4 Threat of False Accusation 22
3.5 Laws Related to Threat of False Accusation 23
3.6 False Accusation under Women & Child Repression Act 23
3.7 False Accusation at Work due to Discrimination 24
3.8 Examples of False accusation in Bangladesh 24
COMPARATIVE STUDIES OF FALSE ACCUSATION

4.1 General Examples of False Accusation 26

VII
4.2 False Accusation in Australia 26
4.3 Penalty of False Accusation in Australia 27
4.4 False Accusation in USA 27
4.5 Laws Related to False Accusation in USA 28
4.6 False Accusation in England, Wales and Northern Ireland 29
4.7 False Accusation in United Kingdom 30
4.8 Laws of False Accusation in India 31
4.9 Comparison of Law 31

Chapter 5
PREVENTIVE MEASURES CAN BE TAKEN TO MITIGATE FALSE
ACCUSATION
5.1 Preventive Measures Against False Accusation 33
5.2 Measure for False Rape, Sexual Assault and Misconduct Accusation 34
5.3 Measure for Police 34
5.4 Personal Measures 35
5.5 Measure for Judicial System 35
5.6 Miscellaneous Measures 37

Chapter 6
CONCLUDING REMARKS
6.1 Recommendations 38
6.2 Conclusion 39

REFERENCES 41

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 ACKNOWLEDGEMENTS

All the praises are for the Almighty, Allah who bestowed me with the ability and
potential to complete this thesis. I also pay my gratitude to the Almighty for enabling
me to complete this thesis within due course time. Words are very few to express
enormous humble obligations to my affectionate parents for their prayers and strong
determination that helped me to achieve my goal.
I take this opportunity to record my deep sense of gratitude and appreciation
to my thesis Adviser Mukunda Kumar Pall, Assistant Professor, Department of law,
Stamford University Bangladesh, who gave me flexibility to study and prepare this
thesis paper. I couldn't have made this thesis in time without her valuable suggestions
and wholehearted support, counsel and motivation. He had provided me with his
valuable expertise and deep insights on my topic regardless of her huge workload as a
busy department member.
During the preparation of this thesis, I have received very much friendly and
wholehearted co-operative attitude from all the faculty members and staffs of this
institution.
I would like to pay gratitude to my parents, relatives and friends who have
helped me in completing the thesis.

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